I-9 - Employment Eligibility Verification Form

Transcription

1 Page 1 f 14 I-9 - Emplyment Eligibility Verificatin Frm A. BACKGROUND The law requires that all emplyees cmplete a Frm I-9, Emplyment Eligibility Verificatin, when hired r rehired. The emplyee must shw prf f identity and prf f emplyment eligibility. The Hme Department Crdinatr is respnsible fr ensuring this frm is cmpleted accurately and in the prescribed time limits. All I-9s must be cmpleted in ink, and white ut may nt be used. Any crrectins must be crssed ut and initialed. The frm is 9 pages. All 9 pages must be given t the emplyee at the time f cmpletin. Only the 2 pages f the frm itself must be sent t Payrll. The Lists f Acceptable Dcuments page is nt required t be sent t Payrll. B. WHEN AN I-9 IS REQUIRED: New Hire t the University Re-Hire t the University (status n system is Terminated ) SC r NE r nn-emplyee status changing t emplyee Other status: if the emplyee is IW, IA, r PP, check with yur Payrll Cntact. An I-9 may r may nt be required. NOTE: An I-9 is nt required if an emplyee is transferring within the University. Making an emplyee cmplete an I-9 unnecessarily can be cnsidered discriminatin. C. SECTION ONE: Emplyee Infrmatin and Verificatin Must be cmpleted by the emplyee n r befre the first day f emplyment All fields must be cmpleted accurately. If nthing applies, the emplyee shuld enter N/A All dates entered in mm/dd/yyyy frmat, e.g. 07/04/1976 The signer is respnsible fr reviewing Sectin 1 t ensure it is cmpleted accurately. The infrmatin must crrespnd with the dcuments the emplyee prvides and with the Payrll system Name must agree with the legal name n the Payrll system, and the name n the dcuments the emplyee presents. If prvided, the legal name n the Payrll system must match the Scial Security card exactly

2 Page 2 f 14 C. SECTION ONE: Emplyee Infrmatin and Verificatin (cntinued) Address: must be a US address, and may nt be a P.O. Bx. This des nt have t agree with the address n the payrll system. Scial Security number is mandatry, because USC is an e-verify emplyer (in a limited fashin) If emplyee des nt yet have a scial, leave blank address & telephne number are vluntary. Enter N/A if nt prvided. Attestatin Sectin The emplyee must check a bx indicating status, and fill in all blanks. Nncitizen Natinal used by persns brn in American Sama, certain frmer citizens f the frmer Trust Territry f the Pacific Islands, and certain children f nncitizen natinals brn abrad. See Frm Instructins. The USCIS number is the same as a persn s A number withut the A Aliens whse dcuments d nt expire shuld write N/A in the expiratin date field An Alien Authrized t Wrk until enter the date frm the I-94 if present, r else the I-766 EAD card. Please nte this is a change t prir instructins. F-1 and J-1 hlders may enter D/S which may appear n the I-94 fr duratin f status. If the emplyee btained their Admissin Number frm US Custms and Brder Prtectin ( CBP ) in cnnectin with their arrival in the US they must als recrd their passprt infrmatin in the space prvided. If the emplyee btained their Admissin Number within the US withut a freign passprt, enter N/A in the Freign Passprt Number and Cuntry fields The frm is signed and dated by the emplyee at the time f cmpletin. Preparer and/r Translatr: if the emplyee was unable t cmplete Sectin One and it was cmpleted by a third party, that persn must cmplete this sectin.

3 Page 3 f 14 D. SECTION TWO: Emplyer Review and Verificatin Enter the emplyee s name in the bx prvided near the tp f Sectin 2. Sectin Tw must be cmpleted by the USC representative within 3 business days. If an emplyee starts n Mnday, the I-9 must be dne by Thursday. If an emplyee starts n Friday, the I-9 must be signed by Wednesday. All fields must be cmpleted accurately. If nthing applies, enter N/A All dates entered in mm/dd/yyyy frmat, e.g. 07/04/1976 The emplyee presents dcument(s) which establish identity and eligibility t wrk by the third day f emplyment. The Lists f Acceptable Dcuments page lists the dcuments which Cngress has established as satisfactry t cmplete the I-9. See Sectin E and F belw fr mre infrmatin. The emplyee must present riginal dcuments, either: One dcument frm List A, r else One each frm List B and List C. The emplyer must see riginal dcuments, nt phtcpies, and must cmpare these t the emplyee in persn. The persn wh sees the emplyee and the dcuments must als be the persn wh cmpletes the I-9 The persn signing the I-9 must abslutely be the persn wh saw the emplyee and wh viewed riginal dcuments. It is unacceptable fr the I-9 dcuments t be cllected by ne persn and the I-9 cmpleted by a different persn. Sectin 2 f the I-9 must be cmpleted by the university s representative. At n time may the emplyee cmplete any prtin f Sectin 2. The dcuments must be riginal, appear t be valid, and must apply t the emplyee. The pht must be reasnably current; a pht f a child is nt acceptable. Because USC is an e-verify emplyer, the List B dcument must cntain a phtgraph. The name(s) n the dcuments must agree with the I-9 and the system, and must relate t each ther; if prvided, the name n the scial security card must match the I-9 and system exactly. The emplyee may present any f the acceptable dcuments, regardless f his r her citizenship status r immigratin status.

4 Page 4 f 14 D. SECTION TWO: Emplyer Review and Verificatin (cntinued) The emplyer may nt specify certain dcuments t be shwn, may nt refuse an acceptable dcument, and may nt accept mre dcuments than is allwed. Ding any f these can be prsecuted as a vilatin f the emplyee s civil rights, and the signer wuld be held persnally respnsible. Fr example, a persn wh states that he/she is an alien is NOT REQUIRED t shw an USCIS dcument. Cpies f dcuments: the University prefers t have phtcpies f the dcuments the emplyee presents. Hwever, the emplyee cannt be cmpelled t allw phtcpies. If the emplyee des nt want cpies made, please simply make a nte n the bttm f the I-9 t this effect. Cmplete the clumns under A, B, and/r C. See Sectin G fr examples n cmpleting Sectin 2 if assistance needed. Be advised that ICE auditrs are extremely fastidius and demand that the infrmatin under A, B, and/r C be exact r we can be fined. Cmplete the certificatin sectin, indicating the date n which the emplyee began wrk. This date must match the hire date n the Payrll system fr all emplyees. The emplyer signs and dates the I-9 n the day acceptable dcuments were presented. Payrll Services will review the I-9, and if it is satisfactry, will activate the emplyee. An emplyee is nt eligible fr pay until a satisfactry I-9 has been received by University Payrll Services. E. ACCEPTABLE DOCUMENTS The last page f the Frm I-9, Lists f Acceptable Dcuments, shws the dcuments that are currently acceptable as prf f identity and/r wrk authrizatin. USC has n cntrl ver which dcuments are r aren t acceptable, and is nt free t make changes t this list. Applicatins: An applicatin fr a replacement f a lst r stlen dcument is generally acceptable. The actual dcument must be presented within 90 days. Hwever an applicatin fr wrk authrizatin r extensin f wrk authrizatin frm USCIS is nt acceptable with tw exceptins, ( STEM extensin and H-1B ) see Sectin I belw. All List A and List B dcuments must be unexpired, with few exceptins, see Sectin I belw. All List B dcuments must cntain a phtgraph, unless it is an applicatin fr replacement Driver s License.

5 Page 5 f 14 F. UNACCEPTABLE DOCUMENTS The fllwing are examples f unacceptable dcuments: Unsigned r Expired US r Freign Passprt Expired Emplyment Authrizatin Card, unless STEM extensin see Sectin I belw Certificate f Naturalizatin Certificate f Citizenship Re-Entry Frm I-327 Refugee Travel Dcument United States Visa stamp in a freign passprt fr F-1, J-1, H-1B nly acceptable fr extensin f I-551 (Permanent Resident status pending) USC staff r faculty card; USCard Hspital issued birth certificate Stubs f scial security cards Scial Security Card which says Nt Valid fr Emplyment r Valid Only With INS/DHS Authrizatin Metal Scial Security Cards Bus passes, check cashing cards, by r girl scut cards Other emplyer i.d. cards Any visas ther than F-1, J-1, H-1B, O-1, E3, L2, r TN -- check with Payrll Services Letters frm parents, churches, lawyers, r any rganizatin Any dcument with a child s pht

6 Page 6 f 14 G. COMPLETING THE I-9 EMPLOYER SECTION TWO Under each clumn, the crrect infrmatin must be filled in the crrespnding bx. The List B dcument must be listed under List B, and the List C under List C, fr example. Example 1: US Citizen wh chses t give a Driver s License and Scial Security Card List B Identity List C Emplyment Authrizatin Dcument Title: Califrnia Driver s License Issuing Authrity: Califrnia DMV Dcument Number: Dcument Title: Scial Security Card Issuing Authrity: SSA Dcument Number: A Expiratin Date (if any)(mm/dd/yyyy): Expiratin Date (if any)(mm/dd/yyyy): 07/04/2016 N/A Example 2: Nnresident alien presenting Freign Passprt, I-94 Card, and I-20 shwing F-1 Status Nte: Enter the SEVIS number frm the I-20 (this is a change t prir nstructins) List A Identity and Emplyment Authrizatin Dcument Title: French Passprt Issuing Authrity: France Dcument Number: # Expiratin Date (if any)(mm/dd/yyyy): 06/05/2020 Dcument Title: I-94 * Issuing Authrity: CBP * Dcument Number: A Expiratin Date (if any)(mm/dd/yyyy): D/S Dcument Title: Frm I-20 Issuing Authrity: DHS Dcument Number: N Expiratin Date (if any)(mm/dd/yyyy): 05/13/2014 * CBP stands fr Custms and Brder Prtectin. We will als accept DHS (Dept f Hmeland Security. See next page fr an imprtant alert abut the I-94

7 Page 7 f 14 G. COMPLETING THE I-9 EMPLOYER SECTION TWO (cntinued) Imprtant alert regarding I-94: Effective April 21, 2013, Custms and Brder Prtectin ( CBP ) will n lnger be issuing a paper I-94. New Hire and Rehire Nnresident aliens, arriving in the US n r after April 21, 2013, and relying n the passprt/i-94 t establish authrizatin t wrk must g t and print ut a paper cpy f their I-94 if they d nt already have a paper cpy f the I-94. (This website will nt be active until April ). H. SECTION 3 -UPDATING AND RE-VERIFICATION Under n circumstances may an emplyee wrk beynd the end f the wrk authrizatin. There are n exceptins. This sectin is cmpleted when an I-9 expires. Recrd the emplyee name at the tp f Page 2 f the I-9 Frm. Only the 2 nd page f the I-9, alng with cpies f the supprting dcuments, is required. Page 1 f the I-9 is nt needed fr a re-verificatin. An I-9 expires when the dcument which established wrk authrizatin expires. An I-9 re-verificatin, cmpleting Sectin 3 nly, must be submitted befre that date. The emplyee must nt be allwed t wrk after the expiratin f the dcument. Nt all dcuments require re-verificatin. Listed belw are the dcuments which, upn expiratin, must be re-verified: I-20 (F-1 visa) DS-2019 (J-1 visa) I-797 (H-1B and O-1 visa) I-94 Card shwing TN (Trade-Nafta), Canada r Mexic nly USCIS stamp In prcess fr I-551 I-766 EAD Card (usually held by thse with asylum, parled int US, in prcess fr residency, F-1 practical training, E2 and L2 status, and J-2 visa hlders)

8 Page 8 f 14 H. SECTION 3 -UPDATING AND RE-VERIFICATION (cntinued) Payrll Services will ntify yu, via the Expired Wrk Authrizatins mem, f thse emplyees whse I-9 wrk authrizatins have expired r will expire within the next 120 days. In additin, Glacier will als send an directly t a nn-resident alien. Yu must btain a new wrk authrizatin dcument n r befre the expiratin date. Nn-resident Alien: If the emplyee n the Expired Wrk Authrizatins mem is a nn-resident alien (here n a visa), send them t OIS immediately. OIS must begin prcessing the applicatin fr extensin f visa as sn as pssible, preferably 3 t 4 mnths befre the expiratin date. When the applicatin is t extend an H-1 visa, the nn-resident alien may cntinue wrking during the applicatin perid, see Sectin I belw. Hwever, if the emplyee is applying fr a change f visa type, the emplyee may nt wrk after the expiratin f the current visa type, until the new visa is apprved. Emplyee n lnger wrking: If the emplyee was a student, and is nt expected t return next semester, make a ntatin n the mem, and return t UPS, r send an t payrll@usc.edu s we may terminate the student frm the system and als stp Glacier s. If the emplyee was a student r faculty and is expected t return next semester, make a ntatin n the mem and return t UPS, r send an t payrll@usc.edu, s we may maintain a tickler file n the emplyee. If the emplyee was a staff r faculty and is nt expected t return, a terminatin frm must be submitted immediately.

9 Page 9 f 14 I. OTHER ISSUES 1. Authrized Signers fr the I-9 Frm The fllwing are autmatically authrized t sign I-9s: Hme Department Crdinatr / HR Partner All Deans, Directrs, Vice Presidents Senir Business Officer (Please nte that Payrll Services relies n the fficial title n the Payrll System, nt the internal title.) Additinally, the department may designate any ne as an authrized signer. Simply send an t Payrll Services at payrll@usc.edu. 2. Emplyee wrks ut-f-area and cannt cme t campus t cmplete the I-9 Designate anyne at the satellite ffice as an I-9 signer. If the emplyee wrks withut supervisin, smene must be fund t take the I-9 respnsibility. Ntary: If a Ntary Public is utilized fr an ut f area emplyee, the Ntary is required t cmplete ALL f Sectin 2. If the Ntary refuses, then yu must find a different Ntary r an alternate signer. 3. Emplyee nt able t present dcuments by 3rd day f emplyment The emplyee must nt be allwed t wrk further. Call Payrll Services befre taking actin such as terminatin. We may be able t suggest slutins.

10 Page 10 f 14 I. OTHER ISSUES 4. Name prblems Ask emplyee fr different dcument(s). If apprpriate, refer the emplyee t the nearest Scial Security Administratin r Califrnia DMV ffice t apply fr a new dcument in the crrect name. University Park Campus Health Sciences Campus Scial Security Hver and Adams Breed St. & Cesar Chavez Ave DMV Hpe and Expsitin Missin Rad near Lincln Park Smetimes an emplyee will have a B dcument in ne name, and the C dcument in the ther. There must be a chain f evidence linking the B t the C. If the C is the scial security card, we must use that name. If the C is a birth certificate, we can use either. The chain linking the tw dcuments culd be the appearance f ne name as the middle name n the license, r a marriage license shwing bth names. Prblems: call yur payrll cntact fr suggestins and slutins 5. Child Phts n Dcuments Child phts are nt permitted if the emplyee is an adult. 6. Blank I-9 Frms Available n the payrll website at The six pages f Instructins must be part f the I-9 when given t the emplyee, but need nt be retained r sent t Payrll.

11 Page 11 f 14 I. OTHER ISSUES cntinued 7. Keeping Cpies f cmpleted I-9s in the department. Dn t. D nt keep cpies f the I-9 r the dcuments fr these reasns: If the USCIS came t yur ffice and fund sme I-9s and nt thers, yu wuld be cnsidered by USCIS t be the Office in Retentin f I-9s, and wuld be fined fr thse yu didn t have, even if Payrll Services had all I-9s, and even fr I-9s fr emplyees in ther departments. The cpies in yur ffice might nt reflect crrectins made after ur review-- USCIS wuld fine yu fr these errrs as well. USCIS may see the I-9 upn demand, withut a subpena. T see an emplyee file, hwever, they must have a subpena. If yu have the I-9 in the file, this gives USCIS access t the file withut a subpena. The I-9 has demgraphic infrmatin, which is nt fund n a jb applicatin, such as date f birth and citizenship status, and the dcuments have phts. If cpies were in yur ffice, where they culd be reviewed n jb applicants, yu wuld be pen fr charges f discriminatin based n sex, age, ethnic backgrund, r citizenship status. Fr these reasns, d nt keep cpies f the I-9s. (Yu may, and shuld, keep cpies f dcuments sent in supprt f the Glacier Tax Summary, see User s Guide ).

12 Page 12 f 14 I. OTHER ISSUES cntinued 8. Expired Emplyment Authrizatin Card (aka EAD) r ther Wrk Authrizatin Dcument In general, an emplyee may nt wrk beynd the expiratin date f an EAD card. There are a cuple f exceptins. STEM extensin Because USC is an e-verify emplyer, ur F-1 OPT students may wrk in a staff r faculty psitin fr a lnger perid f time if they qualify under the STEM prvisins ( Science, Technlgy, Engineering, r Medicine ). Generally, OPT is limited t 12 mnths and that will be the limit f their initial EAD card. Students in thse fields can apply fr an additinal 17 mnths. If the student s EAD card expires while the applicatin is pending, he r she may wrk fr 180 days frm the date f the expiratin f the initial EAD card. Cmpleting the I-9 n a STEM extensin: Attach the expired EAD I-766 card and the I-20 shwing the endrsement fr STEM OPT. The emplyee als must update Glacier entering the expiratin date as the ld date plus 180 days. When the new EAD card is received, Glacier must be updated again, and a new I-9 reverificatin must be submitted. TPS extensins Certain emplyees frm certain cuntries are authrized t wrk in the US under Temprary Prtected Status (TPS). Generally these are individuals frm cuntries which experienced a significant plitical r gelgic upheaval, such as an earthquake. When the EAD expires, the US CIS/ICE will issue a blanket extensin f the card, ften fr abut six mnths. This will autmatically extend the wrk authrizatin, and yur emplyee will then have thse six mnths t apply fr and receive a new card. If a blanket TPS extensin has ccurred, University Payrll Services will update the I-9 n the emplyee s behalf fr that six-mnth perid. Yur emplyee will have been cntacted by ICE directly. By the end f that six mnth perid, yur emplyee shuld btain and present a new EAD card. If yu have a new hire wh presents an expired EAD card and indicates he r she is n TPS, please cntact Payrll Services t cnfirm. H-1B extensin A current H-1B may cntinue t wrk fr USC beynd the expiratin date f the I-94 nly if OIS has filed an extensin befre the expiratin date f the current H- 1B. The extensin is nly valid fr 8 mnths. OIS will send a ntificatin t Payrll Services, and t yu, when this ccurs. Yur emplyee shuld update Glacier nly fr this 8 mnth perid. Payrll Services will update the I-9. When the emplyee receives his r her new H-1B I-797/I-94, the emplyee must update Glacier with the new valid expiratin date, and bring the dcumentatin t the I-9 signer, and an I-9 re-verificatin submitted.

13 Page 13 f 14 I. OTHER ISSUES cntinued 9. H-1B Prting When an H-1B is frm anther emplyer A persn wh has an H-1B frm ne emplyer may transfer that H-1B t USC. This is referred t as prting. The emplyee may begin t wrk as sn as OIS has filed the apprpriate paperwrk. The H-1 frm the prir emplyer (I-797 and I-94) alng with the freign passprt will qualify fr wrk authrizatin. OIS will prvide yu a mem supprting the statement they applied fr the prtage f the H-1 t USC. Attach this mem t the I-9 with the ther I-9 dcumentatin, and write the wrds AC-21 alng with the date prvided by OIS in the margin f the I- 9 next t Sectin Receipts fr lst r stlen dcuments; Temprary I551 Stamp; Refugee Stamp Yu may accept a receipt in lieu f a List A, B, r C dcument in certain circumstances. The receipts are valid fr a limited perid f time. NOTE: A receipt indicating the emplyee has applied fr initial wrk authrizatin r fr extensin f expired wrk authrizatin is nt acceptable, expect as described in item 8 abve. Type f Receipt Wh may present Perid f Time the receipt is valid A receipt fr a replacement f lst, stlen, r damaged dcument The arrival prtin f the I-94 cntaining a temprary I-551 stamp and phtgraph The departure prtin f the I-94 with an unexpired refugee Admissin stamp Any emplyee Lawful Permanent Resident 90 days frm the date f hire/rehire r reverificatin. Expiratin date n the I-94 if present, r else 1 year frm date f issue What must be presented at the end f that perid The actual dcument Actual Permanent Resident Card Refugees 90 days Unexpired EAD (I- 766) r ther List B/List C cmbinatin.

14 Page 14 f 14 I. OTHER ISSUES cntinued 11. Emplyee cmes frward and admits they were illegal, but nw they are legal Cmplete a new I-9 (all sectins) and cntact University Payrll Services prir t sending I-9 in. Attach paperwrk t update the name and/r Scial Security Number n the system if needed. 12. Reinstated emplyee If an emplyee was terminated in errr, and is being reinstated, a new I-9 is nt required. 13. Ptential Fines In the case f an audit, if fines are levied, they will be the respnsibility f the Hme Department. The amunts f ptential fines have been increased in certain cases. Technical Vilatins (e.g. paperwrk): frm $110 t $1100 per errr. If there is a high percentage f errrs cmpared t ppulatin, the higher amunt is being levied. Allwing an unauthrized persn t wrk: frm $375 t $16,000 per case ICE (Immigratin and Custms Enfrcement) may als file criminal charges.