Frequently Asked Questions

We know that it’s a little counter-intuitive but, no, you cannot submit an I-9 for verification until after the employee has been hired. In other words, you cannot “pre-screen” applicants for employment eligibility. This rule is in place to protect legal workers from an adverse hiring decision based on erroneous or incomplete SSA or DHS information. You must verify within three days after the employee begins work for pay. You can, however, submit the I-9 before an employee’s start date. 

The verification process is not complete until you receive a final determination of employment eligibility. If an employee chooses not to contest a non-confirmation or simply disappears, notify us promptly so that we can close the case. A final confirmation protects you from claims of discrimination. 

A Social Security number is required to verify a new hire. You are also required to review original documents as listed in the I-9 instructions, which means that you cannot accept a receipt or copy of an application for a SSN. If your employee has applied for a Social Security number but has not yet received the card, he or she may work while waiting for the Social Security Administration to process his or her SSN application. You should complete Form I-9 with the employee, but wait to verify until the employee receives his or her SSN. Most likely, your submission will occur past the three-day deadline, so please tell us that the submission was delayed until a SSN card was received. 

The answer depends on the circumstances of each case. For a more detailed explanation, go here. 

No, employers cannot ask for specific documents, or for more documents than are required for the Form I-9. Employees have the right to choose which documents they will present to the employer from the List of Acceptable Documents. As an E-Verify-enrolled employer, you must only accept (when they are presented) “List B” documents that contain a photo. If the new hire presents a Permanent Resident Card or Employment Authorization Document, you must make a copy of the document and retain the photocopy with the employee’s I-9 form.