EmploymentQuestion 924 of 1632

By what deadline must an employer complete Section 2 of Form I-9 (examining the employee's documents) for a new hire?

a.Before a job offer is extended to the applicant
b.Within 20 days of the employee's start-of-work date
c.By the third business day after work begins
d.Within 30 days of the employee's start-of-work date

Explanation

The employee completes Section 1 no later than the first day of employment; the employer completes Section 2 by examining the documents by the end of the third business day after the employee begins work for pay. (a) is not merely early, it is unlawful - demanding work-authorization documents before an offer invites a citizenship-status discrimination claim under 8 U.S.C. §1324b. (b) borrows the 20-day deadline of the California DE 34 new-hire report. (d) borrows the 30-day rhythm of benefits enrollment. Three business days is a much shorter fuse than any of them, which is why I-9 Section 2 is the onboarding step most often missed on a fast-moving crew.

Law Reference: 8 C.F.R. §274a.2(b)(1)(ii); 8 U.S.C. §1324a(b)

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