I-9 COMPLIANCE TRAINING FOR HR CONTACTS AND HR CONTACT DELEGATES

Transcription

1 I-9 COMPLIANCE TRAINING FOR HR CONTACTS AND HR CONTACT DELEGATES 1 Human Resources, Records 2 Covered in This Presentation Purpose of Form I-9 and E-Verify Overview of the Form I-9 (Slide 6) Section 1 Section 2 Section 3 List of Acceptable Documents Overview of I-9Compliance.com (Slide 19) E-Verify in I-9 Compliance (Slide 38) 1

2 3 Purpose of the Form I-9 Form I-9 is a federal compliance requirement The purpose of the form is to verify employee Identity Authorization to work in the United States 4 What is E-Verify? A federal website to verify that an employee is eligible to work in the United States E-Verify to be submitted before work begins Federal rule, no later than the third work day E-Verify steps will be done in I-9Compliance 2

3 5 Penalties for Non-Compliance Failure to comply leaves the University and hiring department subject to Fines and criminal penalties Missed deadline or form completed incorrectly $110 to $1100 per form Incorrect documents $110 to $6500 per violation Discrimination, fraud, abuse $375 to $16,000 per violation Debarment from federal contracts 6 Form I-9 Overview The University completes I-9s electronically in I- 9Compliance.com Electronic I-9 mirrors the paper form Please print a paper I pdf Become familiar with the instructions and the form 3

4 7 Section 1 Federal law Employee completes Section 1 on the first work day Employees only! Don t start the I-9 before hire University practice Complete the entire Electronic I-9 and submit E-Verify before the employee starts work 8 Section 2 Federal law Employer completes Section 2 by third work day View original documents and complete form University practice Complete the entire Electronic I-9 and submit E-Verify before the employee starts work 4

5 9 Section 3 Used to extend or update authorization to work in the United States Federal requirements Record new authorization before previous authorization expires Separate the employee on or before last day of work authorization 10 What Are Acceptable Documents? Refer to the List of Acceptable Documents Page 9 of the paper I-9 I-9 Resources page on HR website I-9 Central on USCIS website 5

6 11 What Are Acceptable Documents? You must view original documents Don t request specific documents Take action when an employee cannot provide acceptable documents Person cannot be employed Contact HR Strategic Workforce Solutions Reinstate only when acceptable documents are produced 12 What Are Acceptable Documents? For Section 2, the employee must present One selection from List A -- OR-- One from List B and One from List C List B document must have a photo Foreign passport (List A) requires additional documents 6

7 13 Foreign Passport Acceptable Documents A foreign passport must accompany an I-94 If Admit Until Date says D/S, a third document is required Third document must list UT Austin as employer Usually I-20 or DS2019 Record all three documents in Section 2 Employment Authorization (Green) Card Does not require additional documents 14 Foreign Passport Acceptable Documents Employee can print the I-94 at 7

8 15 Foreign Passport Acceptable Documents I-94 showing D/S. A third document is needed to show authorization to work at UT 16 Common Document Mistakes SSN card with restrictions is not an acceptable List C document NOT VALID FOR EMPLOYMENT VALID FOR WORK ONLY WITH INS AUTHORIZATION VALID FOR WORK ONLY WITH DHS AUTHORIZATION Do not accept hospital birth certification Only an original, certified Birth Certificate 8

9 17 Common Document Mistakes Be prepared to scan and upload a copy if the employee presents US Passport or Passport Card Employment Authorization Document (I-766) Permanent Resident Card (I-551) Do not upload copies of any other document 18 Common Document Mistakes Collecting a paper I-9 Do not use paper I-9 without specific instructions from HR Records Why? Federal compliance risk HR can t fix errors once loaded in I-9Compliance 9

10 19 I-9Compliance.com Note the tabs New Form I-9 and Queue 20 Create a New I-9 Option 1: Click the New Form I-9 tab Complete entire form with employee present Option 2: Use the Queue tab to Section 1 to the employee Meet with employee to complete Section 2 10

11 21 No Social Security Number US Citizens must have an SSN at hire Non-citizens with no SSN don t wait! I-9 must be completed at hire Use zeros or 9s in the SSN field Section 2, click Save instead of E-Verify Complete E-Verify as soon as the person receives an SSN 22 New Form I-9 Tab Employee must be present Click the green tab labeled New Form I-9 11

12 23 New Form I-9 Tab Follow instructions through the next screens Be careful! Is this a new hire? Always mark YES Do you have a paper I-9? Always mark NO 24 New Form I-9: Section 1 Allow employee to complete Pages

13 25 Preparer/Translator Page HR Contact completes this page before starting Section 2 Gather original, acceptable document(s) from the employee and click Yes - Continue If the employee did not bring acceptable documents Click Save to Queue Complete Section 2 when the employee returns with the documents 26 Queue Tab: Section 1 Click the Queue tab Click Launch Request button (upper left) 13

14 27 Queue Tab: Section 1 Enter the employee s information Warn the employee to expect an from Pre-employ, I- 9Compliance.com Return to Queue tab to See if the employee has completed Section 1 Open the I-9 to complete Section 2 28 Starting Section 2 Before starting Section 2 Meet with the employee in person View original, acceptable document(s) Employee fails to provide documents within 3 work days Person cannot continue to work Contact HR Strategic Workforce Solutions (SWS) 14

15 29 Starting Section 2 Hire Date is the first day the employee works for pay Be ready to scan and upload a copy if employee presents US Passport or Passport Card Employment Authorization Document (I-766) Permanent Resident Card (I-551) 30 Section 2: Record Documents Record each document by selecting from pull-down menu 15

16 31 Section 2: List B Must Have a Photo 32 Section 2: Reminder Upload a Copy 16

17 33 Section 2 with 3 Documents How to enter three documents when the I-94 admit until date is D/S 34 Section 3: Update Work Authorization Search by name to find the existing I-9 If no I-9 found, contact HR Records Open the I-9 and click Section 3 Update in right navigation bar Enter new work authorization document If citizenship has changed, you must also Update citizenship on the I-9 Summary 17

18 35 Section 3 When renewing/extending I-20, DS2019, I- 797 Check that UT Austin is the approved employer Choose from the pull-down Unexpired employment auth. Doc. Issued by the DHS Enter in the notes Document type (I-20 etc.) Document number (ex: N000 ) 36 Section 3 Unexpired employment auth. Doc. Issued by the DHS from the pull-down menu 18

19 37 Update Name, SSN, Citizenship Search by name to find existing I-9 Open the I-9 Summary and click Update Record button Update employee name, SSN, citizenship as needed 38 Starting E-Verify New I-9 last step, Save or Submit E-Verify 19

20 39 E-Verify Initial Results E-Verify initial results given within seconds Employment Authorized SSA Tentative Non-Confirmation DHS Verification in Process Photo Matching 40 Employment Authorized Employment Authorized Answer under Employed or Not Employed Upload any US Passport, Permanent Resident card, or Employment Authorization Document You re done! 20

21 Initial Result Employment Authorized Tentative Non Confirmation 21

22 43 Tentative Non Confirmation Employee continues to work while the case is being resolved Employee responsibility Resolve the discrepancy within 8 workdays Notify HR Contact when resolved HR Contact responsibility Consult with SWS as needed Check the case in E-Verify regularly Close the case when resolved 44 Tentative Non Confirmation 1. Print the TNC Notice and review with the employee 2.a. Employee decides to contest TNC Print the Referral Letter and give it to the employee 2.b. Employee decides not to contest TNC Person cannot be employed Contact SWS immediately 3. Indicate decision in I-9Compliance 4. Check regularly for final result 22

23 45 Tentative Non Confirmation 46 Reasons for TNC Social Security number (SSN) does not match Identification document could not be verified Citizenship or immigration status changed Name change was not reported Name entered on I-9 is different than recorded in government databases Information was not entered correctly in E-Verify 23

24 47 Verification in Process Check I-9Compliance the next day 48 Photo Matching Intended to detect document fraud 24

25 49 Photo Matching Compare the photo on document to the photo shown on the screen from US Passport or Passport Card Employment Authorization Document (I-766) Permanent Resident Card (I-551) Document mismatch will cause Tentative non-confirmation DHS referral letter USCIS can request photo verification at any time Check Dashboard Daily 50 25

26 51 Final Results Employment Authorized Final Non Confirmation Person cannot be employed Contact SWS immediately Upload any US Passport/Passport Card, Permanent Resident card (I-551), or Employment Authorization Document (I-766) 52 Close the Case 26

27 53 Upload US Passport, I-766, I Special Situations Remote hires Employees waiting for SSN Federal Contracts 27

28 55 Remote Hires If other employees in the location Temporarily designate an HR Contact Complete electronic I-9 Another university or employer Collect paper I-9 Fax completed form to Records HR will submit E-Verify Original goes to Records J5600 All steps complete by the third work day 56 Waiting for SSN Non-citizen with no SSN Complete I-9 at hire using zeros When SSN received, go to Unprocessed Cases Submit E-Verify Enter new SSN Additional steps Return to I-9 Summary to Update SSN Update biographical record 28

29 57 Federal Contracts Federal contracts require that all employees be checked through E-Verify Current employee moving to federal contract New I-9 and E-Verify by the third work day on the contract Do not E-Verify again when contract changes Not sure if a contract requires E-Verify? Contact Office of Sponsored Projects 58 Compliance Reminders Complete I-9 and begin E-Verify by the third work day Best practice! I-9 and E-Verify before the first work day Never before hire Do not request specific documents Upload a copy of US Passport, I-766, I

30 59 Compliance Reminders US government uses E-Verify to track compliance Forms not completed by third work day Expiring work authorizations E-Verify requires a reason for late processing Hire Date is the first day the employee works for pay 60 Do Not Use E-Verify selectively; E-Verify must be used for all new hires Influence or coerce an employee s decision whether to contest a TNC Terminate or take adverse action against an employee who is contesting a TNC Ask for additional documentation after obtaining a TNC for an employee 30

31 61 Need to be authorized for I-9s? Department adds the person to OHS Contacts System HR Contact HR Contact Delegate Pre-employ/ I-9Compliance.com sends welcome within 3 to 4 days Contacts have immediate access to Background Check Administration Employee Information System Additional Resources 62 I-9 Resources on Human Resources webpage Q&A on I-9Compliance.com website USCIS website at I-9 Central I-9 Handbook for Employers 31

32 63 Need Help? Records & Onboarding Strategic Workforce Solutions (SWS) Find Your Rep 32