I-9 form

gap · April 2003

A few weeks ago, Margaret Morford provided a sample policy entitled "Employment Eligibility Documents;" in it was language that said, "...employees will be expected to complete the I-9 form during orientation on their first day of work."

My question is: I have required all new hires to fill in the I-9 form, prior to beginning their first day of work. I have felt it in the best interests of our organization to have everything done, and ready to go, before working with us.
Is this legal to be doing? Further in the same sample policy, it states that "...if a new employee is unable to provide the necessary documentation within three working days from the date of hire, he/she must provide proof that he has applied for the required documents."

This last statement indicates to me that perhaps I cannot require that the I-9 form must be completed before starting work with us.

Any insight(s) would be most appreciated. I have looked in all of my current resources but can't seem to find the answer to my query.

Thank you in advance. gap

System · April 2003

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The way I understand it, the I-9 must be completed within three days of hire. We have only rarely hit this, but we have had people neglect to produce the necessary ID on or before the third day. We ask all new hires to bring ID with them on the day we hire them to avoid this problem. One thing to remember, and I hope I'm remembering correctly, but regarding the social security card - the form SSA provides showing a replacement card has been requested states that the form does not prove employment eligibility. For that reason and others, we stress to all applicants that they must bring their ID with them in order to start work just to have everything straight.

System · April 2003

By law, you can term them if they do not provide the neccessary documents proving they are legal to work at your company. You are doing things correctly in requesting it. Sometimes the words'term in 3days' gets the fire lit under them to do it quicker.

durasupreme · April 2003

A few years back an investigator with the INS clarified for us that the form cannot be completed before the first day of employment, meaning the first day they are on the payroll. I believe the I-9 instructions state the forms "must be completed at the time of hire, which is the actual beginning of employment". Our new hires are instructed to bring appropriate ID forms with them on the first day of employment. If they do not, they are notified that they have three business days to provide that information. I am constantly amazed at the number of people who claim they do not have a Social Security Card due to washing it, losing it, the dog ate it, etc. and think that having their number memorized is adequate and they shouldn't have to go through the hassle of getting a replacement!

windjam · April 2003

Because the nature of our business leads to high turnover, we interview/hire three days a week. We require the new employee to complete the I-9 before the start of their first shift. You would be amazed at the number of people who have little, if any id, with them when applying for jobs! If the individual does not have the necessary id the day they are hired, we have them return the next day to complete the paperwork and start their shift as soon as their I-9 is completed. We have been told by our local INS office that our practice is legal and probably the best way to handle our employment base.

LindaS · April 2003

I have employees complete the I-9 on their first day of employment, along with all the other "new hire" paperwork. They are instructed to bring the necessary documentation with them on their first day. In addition, we run background checks on all employees prior to starting and the form they sign authorizing this asks for their social security number. When I call requesting the background check they can tell me, immediately, if the SS# I provide is valid or not. I have never run into someone who has had a problem providing this information although sometimes it has required some "reminding" on my part.

I-9 form

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