Completing the Form I 9 TASPA 2013 Fall Support Staff Conference September 23, Employment and Immigration. Employer Responsibilities

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1 Completing the Form I 9 TASPA 2013 Fall Support Staff Conference September 23, 2013 Presented by Ronda Bauman, HR Consultant This information is provided for educational purposes only to facilitate a general understanding of the law or other regulatory matter. This information is neither an exhaustive treatment on the subject nor is this intended to substitute for the advice of an attorney or other professional advisor. Consult with your attorney or professional advisor to apply these principles to specific fact situations. Employment and Immigration 2 Employment Eligibility Verification (Form I 9) U.S. Citizenship and Immigration Services (USCIS) Documentation of alien employment authorization E Verify employment eligibility verification program U.S. Immigration and Customs Enforcement (ICE) Enforcement Employer Responsibilities 3 Hire only individuals who may legally work in U.S. Complete and retain Form I 9 for all new hires Verify identity Verify employment authorization Refrain from discriminating based on National origin Citizenship 1

2 Form I 9 Use the most recent form (Rev. 03/08/13 N, Expires 03/31/16) Included in handouts Available at I 9 Central at uscis.gov English version is the official form that must be filled out Spanish version is for convenience only Make sure employee receives the instructions for completing the Form I 9 Revised Form I 9 5 Revised format Expanded to nine pages (two filled out) More detailed instructions Added fields E mail address Telephone number Employee s foreign passport information Section 1 Employee Information and Verification NOTE: Providing a Social Security number is voluntary unless the employer participates in E Verify. Completed by the employee Must be completed anytime between Acceptance of the job offer AND Completion of the first day of work for pay The employee must Fill in the correct information (printed clearly) Attest to citizenship or immigration status Sign and date the form 6 2

3 Section 1 Employee Information and Verification 7 Employer is responsible for ensuring that the employee has properly completed Section 1. New fields Section 1 Employee Information and Verification 8 Preparer or translator actions Reads the form to the employee Assists in completing the form Has the employee sign Completes the Preparer and/or Translator Certification Section 2 Employer Review and Verification 9 Completed by the employer Must be completed within 3 business days of the date employment begins Must be completed the first day of work for pay if assignment is for less than 3 business days 3

4 Section 2 Employer Review and Verification 10 Completed by the employer Employer must: Examine evidence of identity and employment authorization Employee must be present Record information from the documents Attest to validity of documents and start date Sign and date the form Section 2 Employer Review and Verification 11 Information from documents should include: Document title Issuing authority Document number Expiration date Acceptable Documents 12 Employee may present any original documents from the lists on Form I 9 One from List A or One from List B and one from List C Employer may not require specific documents Expired documents can not be accepted 4

5 List A Documents That Establish Both Identity and Employment Authorization U.S. Passport or U.S. Passport Card Do not reverify. List A Documents That Establish Both Identity and Employment Authorization Permanent Resident Card (Form I 551 aka Green Card ) Do not reverify. List A Documents That Establish Both Identity and Employment Authorization Foreign passport that contains a temporary I 551 stamp or temporary I 551 printed notation on a machine readable immigrant visa Reverify when stamp expires or one year after issuance date if no expiration date. Temporary I 551 stamp Machine readable visa 5

6 List A Documents That Establish Both Identity and Employment Authorization Employment Authorization Document that contains a photograph (Form I 766) May contain one of the following notations: NOT VALID FOR REENTRY TO U.S. VALID FOR REENTRY TO US SERVES AS I 512 ADVANCE PAROLE Reverify when it expires List A Documents That Establish Both Identity and Employment Authorization Foreign passport with Form I 94 or Form I 94A Endorsement of nonimmigrant status (Unexpired) Employment is not in conflict with limitations Passport from the Federated States of Micronesia or the Republic of the Marshall Islands with Form I 94 or Form I 94A List B Documents Do not reverify expired List B documents. Documents that establish identity Driver s license or state ID Government issued ID School ID Voter s registration card U.S. Military or draft card Military Dependent ID U.S. Coast Guard Merchant Mariner Card Native American tribal document Canadian driver s license 6

7 List B Documents 19 Documents that establish identity (under age 18) School record or report card Clinic, doctor, or hospital record Day care or nursery school record If minor child cannot provide List B document complete according to instructions in the Handbook for Employers (M274). List C Documents Documents that establish employment authorization Social Security card with no restrictions Certificate of Birth Abroad (Form FS 545) Certificate of Report of Birth (Form DS 1350) Original or certified copy of birth certificate Native American tribal document U.S. Citizen ID card (Form I 197) Resident Citizen ID (Form I 179) Employment authorization document issued by DHS Photocopying Documents 21 Copying documents is not required If documents are copied Must copy documents of all employees Copies must be kept with the Form I 9 7

8 Receipts 22 NOT acceptable Receipts for initial or extensions of an Employment Authorization Document (Form I 766) Acceptable for all employees Receipts for replacement of lost, stolen, or damaged document Must present actual document within 90 days of hire Receipts 23 Acceptable for permanent residents Arrival portion of Form I 94 or I 94A with unexpired Temporary I 551 stamp Must present actual Permanent Resident Card (I 551) Expiration date One year from issue if no expiration date Receipts 24 Acceptable for refugees Departure portion of Form I 94 or I 94A with unexpired refugee admission stamp Must present actual Employment Authorization Document (I 766) or unrestricted Social Security card and a valid List B document Within 90 days of hire By date employment authorization expires if reverifying 8

9 Section 3 Updating and Reverification Completed by the employer If original work authorization document expires Before the work authorization expiration date recorded in Section 1 Can be used for rehires Rehired within 3 years of the date Form I 9 was originally completed Must reverify on the new Form I 9 25 Section 3 Updating and Reverification 26 Employer must: Examine any documents presented (cannot specify which documents from List A, B, or C you will accept) Attest to the validity of the documents Sign and date Section 3 of the form Name Change 27 USCIS recommends recording a name change to match the Form I 9 with current employee records. Record the name change in Section 3 Keep a copy of any name change evidence provided with the Form I 9 Employer may ask for the reason the name changed Employee not required to present documentation 9

10 Name Change 28 If document to establish identity is different from the one used to complete the original Form I 9 Complete new Form I 9 Write original hire date in Section 2 Write an explanation Attach original form and explanation to the new Form I 9 I 9 rules do not require termination of employment. Correcting Form I 9 29 Employer may only make corrections to errors in Section 2 or Section 3 Section 1 should only be corrected by the employee Best way to correct Form I 9 Draw a line through the incorrect information Enter the correct information Initial and date the correction Correcting Form I 9 30 Multiple errors or blank sections Redo the section on a new Form I 9 Attach the new form to the original Do not destroy the old Form I 9 Attach a signed and dated note explaining the reason changes were made 10

11 Correcting Form I 9 31 Don t make changes using correction fluid or anything that covers the original entry on the form Missing Form I 9 32 Complete the Form I 9 as soon as possible Use current dates Use actual date of hire Attach a signed and dated note explaining there was no I 9 on file Verify employment date Form I 9 is not required for employees hired in your district on or before November 6, 1986 Retaining Form I 9 33 Keep the pages completed by the employer and employee Instructions do not need to be kept May be stored in the following form Paper Microfilm Electronic Must be retrievable consistent with DHS standards 11

12 Retaining Form I 9 34 Keep the I 9 on file as long as the individual is an employee After employment ends keep the Form I 9 until the later of the following dates 3 years after the date of hire 1 year after employment ends Best Practice: Keep 3 years after termination. Questions? 35 Resources 36 uscis.gov I 9 Central Handbook for Employers (M 274) hrservices.tasb.org hrservices@tasb.org The information in this presentation may include the intellectual property of third parties. 12