AACS LEGAL REPORT THE I-9 FORM - EMPLOYMENT ELIGIBILITY VERIFICATION:

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1 AACS LEGAL REPORT THE I-9 FORM - EMPLOYMENT ELIGIBILITY VERIFICATION: YOUR SCHOOL IS REQUIRED TO COMPLETE AN I-9 FORM ON EACH NEW EMPLOYEE THAT IT HIRES I. INTRODUCTION In past AACS Legal Reports, we have discussed the issue of obtaining criminal background checks on employees and volunteer workers, and we have discussed a school's responsibility to report "new hires" to the appropriate reporting agency in the school's State. In this Legal Report, we will discuss an additional obligation that applies to each new employee hired by a School. In short, every employer in the United States is required to complete and retain an I-9 Form on every new employee that is hired. The purpose of the I-9 Form is to verify the eligibility of an individual for employment. By requiring employers to complete I-9 Forms on new employees, the federal government is attempting to preclude the unlawful hiring of aliens who are not authorized to work in the United States. The authority for collecting the information on the I-9 Form is the Immigration and Nationality Act. To our knowledge, the federal government has not included an exemption that would exclude Christian schools from completing and retaining I-9 Forms. Accordingly, Christian schools should complete and retain an I-9 Form on all employees hired after November 6, 1986.

2 II. DISCUSSION We thought the best way to address this topic was to answer certain questions and direct you to websites where you can obtain more information. So, here are the answers to some frequently asked questions that should assist you in complying with the I-9 requirement. Question # 1: What is the purpose of the I-9 Form? The purpose of the I-9 Form is to document that each new employee (both citizen and non-citizen) hired after November 6, 1986 is authorized to work in the United States. Question # 2: Who is required to fill out the I-9 Form? employees. Employers are responsible for completing and retaining I-9 Forms on all new Question # 3: What documents will establish that a new employee is eligible to work? In connection with completing the information requested in Section 2 of the I-9 Form, employers are responsible for examining evidence of identity and employment eligibility. Certain documents will establish both identity and employment eligibility. These documents include the following: A U.S. Passport A Permanent Resident Card or Alien Registration Receipt Card (Form I-551) An unexpired foreign passport with a temporary I-551 stamp An unexpired Employment Authorization Document that contains a photograph 2

3 An unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94), bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer A document that establishes both identity and employment eligibility - as set forth above - satisfies the I-9 requirements. Other documents will establish either identity or employment eligibility, but not both. To comply with the I-9 requirements, a document that establishes only identity will need to be combined with a document that establishes employment eligibility, and vice versa. Documents that establish only identity include, but are not limited to, the following: A driver's license or ID card issued by a State or outlying possession of the United States, provided it contains a photograph and certain other information An ID card issued by a federal, State or local governmental agency, provided it contains a photograph and certain other information A school ID card with a photograph A voter registration card A U.S. military card or draft record A Native American tribal document the following: Documents that establish only employment eligibility include, but are not limited to, A U.S. Social Security card (other than a card stating it is not valid for employment) A Certification of Birth Abroad issued by the Department of State 3

4 An original or certified copy of a birth certificate issued by a State, county, municipal authority or outlying possession of the United States, bearing an official seal A U.S. Citizen ID Card When examining these documents and completing the information in Section 2 of the I-9 Form, employers must record the following: Document title Issuing authority Document number Expiration date, if any The date employment begins Question # 4: Do we file the I-9 Forms with a governmental agency? No. The I-9 Form is not filed with any governmental agency. Instead, I-9 Forms are retained by the employer and made available for inspection by officials of the U.S. Immigration and Customs Enforcement, the Department of Labor, and the Office of Special Counsel for Immigration Related Unfair Employment Practices. Question # 5: Is the submission of information by a new employee voluntary? Yes. Submission of the information required by the I-9 Form is voluntary. Nevertheless, an individual may not begin employment unless an I-9 Form is completed, since employers are subject to civil or criminal penalties if they do not comply with the Immigration Reform and Control Act of (You're right, doesn't sound very "voluntary"). 4

5 Please note, however, that an individual is not required to provide his or her Social Security number, unless the new employee is being hired by an employer participating in the USCIS Electronic Employment Eligibility Verification Program (E-Verify Program). Question # 6: How long are we required to keep the I-9 Forms? Employers must retain completed I-9 Forms for three (3) years after the date of hire or one (1) year after the date employment ends, whichever is later. Question # 7: Where can I get more information and the Form itself? You can get a copy of the I-9 Form and instructions for the Form at This website also includes a list of the documents that establish both identity and employment eligibility, as well as those documents that establish identity only and employment eligibility only. You can also obtain additional information concerning the I-9 filing requirement at this site, or by putting "I-9 Form" into a Google or Yahoo search engine. III. CONCLUSION All employers are required to complete and retain an I-9 Form on any employee hired after November 6, As noted above, the purpose of this requirement is to verify the eligibility of individuals for employment, and to preclude the unlawful hiring of aliens who are not authorized to work in the United States. If you have questions or comments concerning the issues raised in this Legal Report, please feel free to contact Steve Cummings at the AACS Legal Hotline number in Athens, Georgia - (706)

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