What is the 3 Day Rule?


The 3-day rule refers to the time frame within which employers must complete Section 2 of Form I-9. This applies to the employer or their authorized representative. Failure to comply with the 3-day rule will result in consequences including fines.

Employee's Responsibility

Any time before but no later than the first day of starting work for pay, the employee must present original and acceptable documents that establish their identity and employment authorization (Section 1 of Form I-9).

Employer's Responsibility

Section 2 must be completed within three business days of the employee starting work. The employee must present the employer with original, acceptable, unexpired documentation that establishes the employee’s identity and employment authorization. For example, if an employee starts on a Monday, they must present the employer with documentation by Thursday of that week.

3-Day Rule Consequences

Employees

Employers

Termination: An employee who fails to present acceptable documentation within the 3-day window may be terminated. This is especially true if they’re unable to provide a legitimate reason for the delay.

Fines: The U.S. Citizenship and Immigration Services (USCIS) can impose civil fines. The fines can vary. They depend on the violation’s severity and range from hundreds to thousands of dollars per form.

Verification Issues: An incomplete I-9 form can delay or prevent the employer from verifying an employee’s employment eligibility through E-Verify.

Hiring Issues: If an employer knowingly hires unauthorized workers, they may face penalties including back pay, recruitment restrictions, and even criminal charges.


Here’s what to do if the I-9 form isn’t completed within three days:

Employer: Complete the Form ASAP: Even if the 3-day window has passed, it’s important to complete the I-9 form ASAP. You cannot backdate the form, but you can attach a clear explanation for the delay.

Employee: Present Documents: If you haven’t presented the required documents yet, do so as soon as possible. Explain any delays to your employer.