Form I-9, Employment Eligibility Verification. Carol Gentry - Human Resources April 2016

Transcription

1 Form I-9, Employment Eligibility Verification Carol Gentry - Human Resources April 2016

2 Objectives Understand the purpose of an I-9. Be able to properly complete and verify information on an I-9 form. Be aware of risks associated with non-compliance.

3 What is an I-9? Form completed by the employee and employer which verifies the employee s: Identity, and Eligibility to work in the United States.

4 Why must we complete an I-9? To comply with the Immigration and Control Act of 1986, employers are required to complete and maintain a Form I-9 on all employees hired after November 6, Required by the Department of Homeland Security s U.S. Citizenship and Immigration Services (USCIS).

5 When do we complete an I-9?

6 Where do I find the I-9? Download the I-9 form directly from the HR website so you are sure you are using the latest revision. Please do not make advance copies to keep at your desk. Current Form I-9, Employment Eligibility Verification, Remains Effective After March 31, 2016 Until further notice, the current version of the form continues to be effective even after the Office of Management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about the new version of Form I-9 as it becomes available.

7 Form I-9 Content Multi-paged document Instructions (Pages 1-6) Form I-9 (Page 7-8) List of Acceptable Documents (Page 9) Give the employee all pages. Contains three separate, distinct sections: Section 1 Employee Information and Verification Section 2 Employer Review and Verification Section 3 Updating and Re-verification

8 Section 1 Employee to complete after acceptance of job offer and on or before hire date. These fields must be completed or put N/A: Middle Initial Other Names Used Apt Number Address Telephone Number Street address or directions required (no P.O. Box) Social security number is required since UWF is an E-Verify employer. Employee must check box attesting to citizenship status and supply appropriate information. Make sure employee signs and dates form and check to make sure they did not accidently use their birth date. The Preparer and/or Translator Certification should only be completed by the employer if the employee is unable to do so without assistance.

9 Section 2 Employer to complete within 3 days of hire date. Enter employee s name from Section 1 at top of Section 2. Verify original, unexpired documents: List A, or List B and List C Enter document title, issuing authority, document number and expiration date from original document(s) supplied by employee. Complete first day of employment (should match the start date on the Personnel Action Sheet). Attest to examining document(s) by signing and dating form. Section 3 For HR use only.

10 Corrections Proper way to correct form: Draw through incorrect information with a single line (do not obliterate/conceal information or use correction fluid). Enter the correct information. Initial and date the change. If late or white-out was used, attach a separate signed and dated explanation. Note: Only the employee may make corrections to Section 1.

11 Avoid Discrimination Treat everyone consistently. Complete the form only after offer of employment. Do not ask for specific documents. Do not ask for or accept more documents than are required. Copy only the documents verified and attach to the I-9. Do not consider future expiration dates when determining whether a individual is qualified for a particular position.

12 Section 2 Employer Review & Verification Can I accept/verify this document? Is the employee present? Is it on the List of Acceptable Documents? Is it an original (no faxes or photocopies)? Is it unexpired? Does it appear to be genuine and relate to person in front of you? If a List B document, does it contain a photo? If a Social Security Card, does it contain any restrictive wording? NOT VALID FOR EMPLOYMENT VALID FOR WORK ONLY WITH INS AUTHORIZATION VALID FOR WORK ONLY WITH DHS AUTHORIZATION Receipts for lost, stolen, or damaged document from State or Federal Agency (good for 90 days from date of hire)

13 Section 2 Employer Review & Verification Social Security stubs are not acceptable List C documents. Acceptable Not Acceptable

14 Must have photo due to E-Verify

15 International Students F-1 or J-1 Visa s Hiring Department: Review the hiring process by visiting the International Student Employment business process page and then complete and submit the International Student Employment Form. Hiring Department: Send the new hire package to Human Resources noting that the International Student Office will be completing the Form I-9. Students without a Social Security Card: Make an appointment with the International Student Services Office at to obtain the memo and documentation to apply for a Social Security card. Take the memo and required documents to the Social Security Administration Office to make application. Once the Social Security card is received, the student will proceed with Step 4 below. Students with a Social Security Card: Make an appointment with the International Student Services Office at to complete the Windstar form and the Form I-9, Employment Eligibility Verification. Students should bring their original, unexpired documents (passport, visa, Social Security card, I-94, Employment Authorization Card, DS-2019, etc.) to their meeting. International Student Services Office: Send the completed Form I-9, Employment Eligibility Verification, to Human Resources. Advise Human Resources if there is going to be a delay. Human Resources: Process the new hire and will notify the Hiring Department when it is approved for the student to start working. Important: Hiring Departments should never allow F- 1 or J-1 students to work until this confirmation of work authorization is received from Human Resources.

16 International Students F-1 or J-1 Visa s Other important information: International students may not customarily work more than 20 hours per week (all jobs combined) during the Spring and Fall semesters. However, they may work up to 40 hours per week during the Summer and semester breaks. International students are responsible for maintaining their own legal status and for complying with employment guidelines.

17 H-1B, Specialty Occupation Visa Employer sponsored Visa for employees in specialty occupations such as scientists, engineers and computer programmers. H-1B Petitions and H-1B Transfers are very time sensitive. Employee should make an appointment to meet with Christine Dillard. Bring their original documents: Foreign Passport, I-94, I-797, etc. Employee may not start working until I-9 has been completed and documents verified.

18 Remote Hire Process If a new hire will be working at a remote location and will not able to present their original documents to an on-campus UWF representative, a Notary Public may complete the employer s section (Section 2) of the Form I-9 on our behalf. Remote Hire Process instructions are included with the I-9 Form package on the HR website.

19 Why is this so important? Inconvenience to the employee. Extra work for department and HR. Potential processing delays. Compliance issues/potential fines. Increased focus on immigration issues in the news today. Establishment of new ICE Employment Compliance Inspection Center. Increase in ICE audits, auditors and NOI s (Notice of Intents).

20 Fines/Penalties/Risks Employers who violate the law may be subject to civil fines criminal penalties (when there is a pattern or practice of violations) debarment from government contracts a court order requiring the payment of back pay to the individual discriminated against a court order requiring the employer to hire the individual discriminated against Civil Violations First Offense Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States: $375-$3200 for each worker. Failing to comply with Form I-9 requirements: $110-$1100 for each form. Committing or participating in document fraud: $375 - $3200 for each worker. Committing document abuse: $110 - $1100 per violation. Unlawful discrimination against an employment-authorized individual in hiring, firing, or recruitment or referral for a fee: $375 - $3200 per violation. Criminal Violations First Offense Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens: up to $3,000 for each unauthorized alien and up to 6 months in prison for the entire pattern or practice.

21 Need I-9 Assistance? Human Resources (Building 20E): Carol Gentry, Christine Dillard, Nicole Lohr, International Student Office (Building 71): William Vittetoe, USCIS Handbook for Employers USCIS I-9 Central Section 1 Instructional Video Section 2 Instructional Video

22 Questions