If an employer routinely hires individuals that work only 1 or 2 days, what are the E-Verify time requirements for creating a case? In this situation, what is the proper procedure for closing cases when employment has ended and the case received a Tentative Nonconfirmation (mismatch)?

Under Form I-9 rules and guidance, if you hire a person for fewer than three business days, Sections 1 and 2 must be fully completed by the first day of work for pay. However, E-Verify employers have three business days after the employee’s first day of work for pay to create an E-Verify case, no matter what the length of time of employment. If an employee begins work for pay and only works for one or two days, the E-Verify case must be created within three days of the employee’s first day of work for pay. If that case results in a mismatch after the employee leaves, the employer must:

• Select Employee will not take action to resolve this case.
• Click Continue.
• Click Close case at the final nonconfirmation (FNC) message.
• Select the statement Neither of the options above apply – I am closing the case for a different reason.
• Select Other and enter Employed less than 3 days in the text box.
• Click Close case.