Can an employer require completion of the I-9 during the job application process?

The requirement surrounding the completion of the I-9 form is dictated by regulations established by the U.S. Citizenship and Immigration Services (USCIS). Employers are obligated to have their new hires complete the I-9 form after a job offer has been extended but before they begin employment. This structure is in place to ensure that the verification of eligibility to work in the United States occurs in a fair and standardized manner, avoiding any potential discriminatory practices during the hiring process.

By requiring the I-9 to be completed only after a job offer is made, employers are also ensuring that applicants are not subjected to unnecessary pressure or discrimination based on their identity or immigration status before they have been formally offered employment. Additionally, this approach aligns with preventing any potential claims of bias against applicants who may not have the necessary documentation readily available during the initial stages of the job application process.

The other options suggest varying scenarios that do not comply with the regulations set by USCIS, as they imply an earlier or more selective application of the I-9 process, which would not align with the intent of the regulations to ensure equal treatment for all applicants.