LinkedIn

Thursday, July 15, 2010

USCIS "Thursday Rule" Provides Employers Extra Day to Complete Verification

In June, 2010, USCIS provided clarified guidance to E-Verify member employers reinterpreting the three-day rule for creating a timely E-Verify case in that program’s system, as follows: “An E-Verify case is considered late if you create it later than the third business day after the employee first started work for pay.” In effect, the June 2010 E-Verify guidance allows an additional business day for employer completion of the Section 2 verification and attestation. USCIS, “Three-Day Rule”, found online at http://www.uscis.gov (last updated June 16, 2010).

The USCIS advises employers that this policy affects E-Verify Case Creation, and may “overlap” with I-9 policy previously provided to employers in the Handbook for Employers, which called upon employers to : “Review the employee’s document(s) and fully complete Section 2 of Form I-9 within 3 business days of the first day of work.” Handbook for Employers at 5.

The June 2010 “Thursday Rule” has been explained by USCIS as follows: “ If the employee starts work for pay on Monday, the third business day after the employee started work for pay is Thursday (assuming all days were business days for the employer). The first day the employee starts work for pay is not included in the three business day calculation.” USCIS, “What's the Hire Date for E-Verify” found online at http://www.uscis.gov (last updated June 30, 2010).