I-9 PROCESSING PROCEDURES

Transcription

1 I-9 PROCESSING PROCEDURES Created By: UCSF Payroll Services (With many thanks to UCLA Payroll Office.) 1

2 THE I-9 FORM IN HIRING PROCESS 2

3 STEP 1: Determine Employee-Employer Relationships Independent Contractors do not complete an I-9 form Anyone who receives remuneration from the University must complete an I-9 form Remuneration is anything given of value in exchange for labor or services rendered by an employee, this includes food and lodging Without Salary individuals (WOS) are considered employees; therefore, they must complete an I-9 form Volunteers are not employees of the University (are not entered in OLPPS), so an I-9 form is not required for volunteers 3

4 Step 2: Determine Employee Eligibility (I-9 Process) Give the employee a blank I-9 form along with the instruction sheet and the list of acceptable documents or direct them to the USCIS fillable I-9 form at Have the employee complete and sign section 1 of the I-9 form on or before the first day of employment (physical presence at work site). Please note that if signed prior to date of employment an offer letter must also be attached to the form I-9. At this stage, remember not to ask for any specific documents. Complete the I-9 form within 3 business days of the hire date. (physical presence at work site). This includes all necessary signatures. Review original documents only- no photocopies or faxes. If the employee is employed for less than 3 days, all sections of the I-9 form must be completed the day employment begins. 4

5 Step 3: Required Information to Complete Hiring Process Have employee complete other required hiring forms (i.e., W-4, Oath & Patent, GLACIER Documents (scheduled for implementation Fall 2007) and/or UC W-8BEN for non-citizens, & benefits forms). Keeping a photocopy of the I-9 form and its supporting documents (passport, SSC, Employment Authorization Document, etc.) is allowed, but must be done on all employees. Send original I-9 form to the Campus Payroll Services (Office of Record) within 5 days of the hire date. Controller's Office Payroll Services 1855 Folsom St., Suite 425 San Francisco, CA (Use zip code for carriers) When setting up personnel file do not include any copy of I-9 form or documentation used to determine work authorization in this file. 5

6 Step 4: Enter Information Online Reminder: The name entered on OLPPS must match the name on the original Social Security Card or Passport (for non-us-citizen employees.) Add the date that the I-9 form was signed by the employee to the I-9 signature date on the EPD2 screen. Payroll utilizes the Social Security Administration s EVS system to ensure that the information provided by the employee matches the SSA record. Social Security Number Format: A valid SSN has nine digits. The first 3 digits are the area, the next 2 digits are the group, and the last 4 digits are the serial. Area-Group-Serial No SSN with leading 000, 800, or 900 area numbers have been issued. No SSN with 00 group or 0000 serial numbers have been issued. 6

7 Re-hired Employees: Who is considered a Rehired Employee? An employee who has at least a one day break in service (not on pay status), and is returning to UC as an employee. A new I-9 form must be completed for all rehires. Complete a new Oath and Patent form if the date of rehire is more than one year after the date on which the previous Oath was signed (review IGEN/HPER screens for Oath date). Always use the appropriate OLPPS bundle (AREH or SREH) to rehire the employee. At the Employee Personal Data 2 (EPD2) screen indicate the new I-9 signature date and if completed, the new Oath date. STOP! Never delete separation data without verifying with a central Human Resources office 7

8 Processing Transfers Departmental: A new I-9, or Oath & Patent form are not required when an employee transfers between departments without a break in service. Intercampus: New I-9 and Oath/Patent forms are required for intercampus transfers. Indicate on the I-9 form Intercampus Transfer from and the date of the transfer. (E.g. Intercampus Transfer from UCD 7/12/12.) 8

9 Retention of the I-9 form: Departments can choose to keep a photocopy of the I-9 form and its supporting documents, provided the department adheres to the following rules: All forms and accompanying documents must be kept in a separate file from the personnel file and/or other personnel documents even after the employee separates. Besides Payroll Services, only the employee may request to view the person s I-9 form. USCIS has determined the following as the retention periods for the I-9 and it s supporting documents: - 3 years after the date of hire, or - 1 year after the date of separation, whichever is later. When one of the above period is reached, the I-9 and its supporting documents must be shredded or destroyed. 9

10 CONTACT INFORMATION Payroll Services Address: Records Compliance Coordinator 1855 Folsom Street, Box 0812 San Francisco, CA Payroll Services Phone Number: (415) Payroll Servicest Web Address: United States Bureau of Citizenship and Immigration Services: You can download or use a fillable I-9 form at: Social Security Website: 10

11 WHAT ARE LIST A DOCUMENTS? 11

12 List A of I-9 Form Documents that Establish Identity & Employment Eligibility: U.S. Passport (Unexpired) Foreign passport (Unexpired), with I-551 stamp or attached DHS Form I-94 indicating unexpired employment authorization Permanent Resident Card or Alien Registration Receipt Card with photograph (DHS I-551) Unexpired Temporary Resident Card (DHS Form I-688) Unexpired Employment Authorization Card (DHS Form I-688A) Unexpired Employment Authorization Document issued by the DHS which contains a photograph (DHS Form I-688B & I-766) 12

13 List A 1. U.S. Passport Document Number Expiration Date Issuing Authority 13

14 List A 2. Permanent Resident Card or Alien Registration Receipt Card (Form I-551) [Nov. 2004] Note: Expiration Date for I- 9 Form ONLY. Do not enter into EDB. Section 1 of the I-9 Form Document Number Section 2 of the I- 9 Form Document Number Guide to Selected U.S. Travel and Identity Documents 14

15 List A 2. Permanent Resident Card or Alien Registration Receipt Card (Form I-551) [May 2010] Note: Expiration Date for I- 9 Form ONLY. Do not enter into EDB. USCIS Number aka Alien Number Document Number 15

16 List A 3. Foreign passport, with a temporary I-551 stamp I-551 Stamp Expiration Date Alien Number 1 Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form) 16

17 List A 2. The MRIV must include a DHS endorsement. The expiration date of the I-551 stamp is 1 year from endorsement. 3. MACHINE READABLE IMMIGRANT VISA (MRIV) 1. A MRIV indicating temporary I-551 status will include this statement. Thema Nala XXXXXX Alien No. 3. Work authorization must be reverified prior to the expiration of the I- 551 stamp. A A NOV JUL The required documents are: - Unexpired foreign passport - MRIV visa, with I-551 endorsement. 17 USCIS Employer Information Bulletin 113

18 List A Section 2 of the I-9 Form Document Number 4. Employment Authorization Document that contains a photograph (Form I-766) Section 1 of the I-9 Form Document Number May 2004 May 2010 Expiration Date (EDB Work Permit End Date) Document Type 18

19 List A 5. Foreign passport with an unexpired Arrival-Departure Record (Form I-94 or I-94A) indicating unexpired employment authorization. Admission Number Visa Type F Hired Newley D/S I-94 Form Expiration Date An I-20 Certificate is required with an F-1 Visa 19

20 List A I-20 Certificate of Eligibility for Nonimmigrant (F-1) Student Status Admission Number This form must display Student's Copy. I-20 Expiration date (EDB Work Permit End Date) Document Type 20

21 List A I-20 - Issued to Nonimmigrant Students - Back May include additional work authorization (OPT or CPT), Transfer Between Schools, etc. Document Type 21

22 I-20 FACTS The I-20, along with the I-94/I-94A and an unexpired foreign passport allows work authorization at the campus sponsoring the student. Work authorization is valid as long as the student is in status. If UCSF is not the sponsor, additional work authorization is required. F-2 (dependents) I-20 holders must present other employment authorization documents. If the I-20 is issued by UNEX, the hiring department is responsible for verifying units each quarter. 22

23 F-1 OPT If the student employee has Optional Practical Training (OPT) status per the I-20 document an EAD I-766 is required in order to establish employment authorization. OPT STEM A student with an I-20 Form that indicates he/she is eligible for OPT STEM (17 months extension) can continue to work with an expired EAD I-766. The expired EAD, along with the I-20 (indicating the extension) are valid List A documents for 180 days (6 months). The department must re-verify employment authorization no later than 180 days from the expiration date of the previous EAD I

24 Example of I-20 Form w/ OPT STEM Extension OPT STEM Extension 24

25 6. Passport from the Federated States of Micronesia (FSM) or Republic of the Marshall Islands (RMI) with the Form I-94 or I-94A indicating admission to the U.S. under the Compact of Free Association Between the U.S. and FSM or RMI. 25

26 Sample of I-94 Records I-94 Arrival/Departure Record (hand written) I-94A Arrival/Departure Record (computer generated) 26

27 List A THE VISA or THE PASSPORT? DORIGHT DUDLEY Foreign Passport DORIGHT DUDLEY N Kane Erica H DORIGHT<<DUDLEY Visa should not be used for I-9 verification (exception: MRIV) KANE<<ERICA H An unexpired foreign passport must be presented with an I

28 IMMIGRANT DOCUMENT NUMBERS Aug LONG JEN HAYES, HELEN A. Helen A. Hayes The Admission Number is 11 digits in length and is found on the I-94 Document The Alien Number is 8 or 9 digits in length and begins with the letter A. 28

29 EXPIRATION DATES D/S (Duration of Status) is a expiration that can be found on the I-94/I-94A document. Work authorization is dependent upon the individual's particular status (student, scholar, etc.) The actual work authorization is an additional document (which has an expiration date), such as the I-20 or DS forms. Alien employees who were hired with documents that have expiration dates, must be re-verified prior to the expiration date of the documents. (See Updating and Reverification section). Reminder: Dates must always be written in the month/day/year format on the I-9 Form 29

30 WHAT ARE LIST B DOCUMENTS? 30

31 List B of I-9 Form Documents that Establish Identity Driver s License or ID card issued by a state or outlying possession of the United States, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address (Unexpired). ID Card issued by federal, state, or local government agencies or entities provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address (Unexpired). School ID with a photograph Voter s registration card 31

32 List B of I-9 Form Cont d Documents that Establish Identity US Military card or draft record Military dependent s ID card US Coast Guard Merchant Mariner Card Native American tribal document Driver s license issued by a Canadian government authority For persons under age 18: School records or report card; Clinic, doctor, or hospital record; Day-care or nursery school record. 32

33 List B 2. ID Card issued by federal, state, or local government agencies or entities provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address. 1 Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form) 33

34 List B 3. School ID card with a photograph GREEMAN, OMAR 34

35 List B Voter s registration card 35

36 List B U.S. Military ID Card June S. Paycheck Paycheck, June S

37 WHAT ARE LIST C DOCUMENTS? 37

38 List C of I-9 Form Documents that Establish Employment Eligibility U.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for employment) Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350) Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possessions of the United States bearing an official seal Native American tribal document U.S. Citizen ID Card (DHS Form I-197) ID Card for use of Resident Citizen in the United States (DHS Form I-179) Unexpired employment authorization documents issued by the DHS (other than those listed under List A) 38

39 List C 1. Social Security Account Number card issued by the Social Security Administration (An unrestricted Social Security card issued to U.S. citizens and lawful permanent residents.) A laminated or metal SSC is rendered invalid Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form)

40 List C 1. A Social Security card stating NOT VALID FOR EMPLOYMENT is not a valid I-9 document. Note: An individual who has proven work authorization (presents other valid document that meets I-9 requirements) is eligible for employment. It is in the best interest of the individual to request a replacement card from Social Security Administration. The social security number will remain the same and can be entered in EDB. Not Valid for Employment Joe Bruin

41 List C 1. A Social Security card stating VALID FOR WORK ONLY WITH DHS AUTHORIZATION can be used as an I-9 document only with corresponding work authorization (ex. EAD, I-20, DS-2019, etc.) VALID FOR WORK ONLY WITH DHS AUTHORIZATION Joe Bruin

42 2. Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545) 42

43 List C 3. Certification of Report of Birth issued by the U.S. Department of State (Form DS-1350) 1 Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form) 43

44 List C 4. Original or certified copy of a birth certificate issued by a state, county, municipal authority or territory of the United States bearing an official seal 44 1 Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form)

45 List C 6. U.S. Citizen ID Card (Form I-197) USCIS no longer issues this card. 1 Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form) 45

46 List C 7. ID Card for use of Resident Citizen in the United States (Form I-179) USCIS no longer issues this card. 1 Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form) 46

47 8. Employment Authorization Document Issued by DHS Sample Documents includes: I-20 (Student status) accompanied by I-94/I-94A (Arrival departure record for foreigners) o UCSF is indicated as the sponsor on the I-20 form and the individual is currently in status. o Non-UCSF sponsor indicated only if practical training approval is noted and employee works in field of study. DS-2019 (Certificate of eligibility) accompanied by I-94/I- 94A o UCSF is indicated as the sponsor on the DS-2019 form and the individual is currently in status. o Non-UCSF sponsor indicated must have written approval from sponsoring authority. Sponsoring authority is a designated official who has authority to sign the DS

48 8. Employment Authorization Document Issued by DHS More Sample Documents: Notice of Action (Form I-797) o UCSF must be indicated as sponsor on the form. Expired Permanent Resident Card (I-551) and Notice of Action (I-797) indicating an extension of the card for one additional year. 48

49 List C DHS Notice of Action (Form I-797) Sponsor The I-94 document 49

50 COMPLETING THE I-9 FORM 50

51 Employee s Responsibilities Regarding Form I-9 A new employee must complete Section 1 of a Form I-9 no later than close of business on his/her first day of work. The employer is responsible for ensuring that the employee completes Section 1 in full. No documentation from the employee is required to substantiate Section 1 information provided by the employee. Source: About Form I-9, Employment Eligibility Verification 51

52 DHS Form I-9 (R )- Section 1 San Francisco SNOW WHITE 01/09/12 Note: Be sure that the sections indicated by the ovals are filled in when, and as, appropriate. If there is ever a case where any part of Section 1 is completed by someone other than the employee, then the Preparer and/or Translator Certification Section must be completed. 52

53 DHS FORM I-9 Section 1 Preparer and/or Translator Certification By signing, the preparer is attesting that Section 1 is true and correct to the best of his or her knowledge. Only the employee cans sign the employee signature block. 53

54 Employer s Responsibilities for Form I-9 The hiring agent is responsible for ensuring completion of the entire document. The hiring agent must complete Section 2 of the Form I-9, by the end of the 3 rd day of service. The hiring agent must review documentation that established employee s authorization to work in the U.S. and that the employee who presents the employment authorization document is the person to whom it was issued. Source: About Form I-9, Employment Eligibility Verification 54

55 Who needs a GLACIER Record? I attest, under penalty of perjury, that I am (check one of the following): A citizen of the United States A noncitizen national of the United States (see instructions) A lawful permanent resident (Alien #) An alien authorized to work (Alien # or Admission #) until (expiration date, if applicable month/day/year) If box 4 is checked, a GLACIER record may be required. 55

56 Which Employees need a GLACIER Record? Section 1 of the I-9 form I attest, under penalty of perjury, that I am (check one of the following): A citizen of the United States A noncitizen national of the United States (see instructions) A lawful permanent resident (Alien #) An alien authorized to work (Alien # or Admission #) until (expiration date, if applicable month/day/year) If the employee checks the alien authorized to work box, ask under what status the work authorization was allowed. If the work authorization is due to a Refugee or approved Asylum status, then: No Glacier Record is required. The final status to eliminate from the Glacier Record requirement is the employee who is a nonresident alien who works out of the US. The individual must complete the Foreign Source Form. A Glacier Record is required from all other employees! Glacier Record Not Required US Citizen or National US Permanent Resident Refugees or Asylum status A nonresident alien working out of the U.S. (Foreign Source) Glacier Record Required Visitors with A, E, F, H, J, K, L, O, P, TN, or V visas Pending US Permanent Residents Pending Refugee or Asylum status

57 COMPLETING SECTION 2 OF I-9 Section 2. Employer Review and Verification. (To be completed and signed by employer (hiring agent.) Examine one document from List A or examine one document from List B and List C as listed on the reverse of this form and record the title, number and expiration date, if any, of the document(s) LIST A OR LIST B AND LIST C Document title: PASSPORT Issuing authority: _UNITED STATES Document #: Expiration Date (if any): _12_/ 29_/_10 Document #: Expiration Date (if any): Always list the Document Title, Issuing Authority and the Document number. If provided also complete the Expiration Date fields. If recording documents on List B or List C make sure to answer all 4 questions on the left. 57

58 DHS FORM I-9 - Section 2 Section 2. Employer Review and Verification. (To be completed and signed by employer. Examine one document from List A or examine one document from List B and List C as listed on the reverse of this form and record the title, number and expiration date, if any, of the document(s) LIST A OR LIST B AND LIST C Permanent Resident Card Document title: DHS Issuing authority: SRC Document #: Expiration Date (if any): / / Document #: Expiration Date (if any): CERTIFICATION - I attest, under penalty of perjury, that I have examined the document(s) presented by the above - named employee, that the above-listed document(s) appear to be genuine and to relate to the employee named, that the employee began employment on (month/day/year) 06/06/10 and that to the best of my knowledge the employee is eligible to work in the United States. (State employment agencies may omit the date the employee began employment). Signature of Employer or Authorized Representative Print Name Title Ima Example Ima Example Admin. Analyst Business or Organization Name Address (Street Name and Number, City, State, Zip Code Date (month/day/year) UCLA Payroll Services Wilshire Ctr #620 L.A., CA /05/10 58

59 SAMPLE OF I-9 WITH LIST A COMPLETED 59

60 SAMPLE OF I-9 WITH LIST B COMPLETED 60

61 SAMPLE OF I-9 WITH LIST C COMPLETED 61

62 DHS Form I-9 (R )- Section 2 Lota Example 03/01/06 Note: Be sure to fill in the date field shown in the oval. This date should agree with the appointment begin date. Academic Year faculty, and BX/IX employees are the only exceptions to this rule, use the date of their FIRST DAY OF PHYSICAL PRESENCE. 62

63 EMPLOYERS RESPONSIBILITY UNDER THE LAW DOCUMENT REVIEW STANDARDS: The standard for review of documents in the employment eligibility verification process is that of reasonableness. An I-9 List document is acceptable if it reasonably appears on its face: a. to be genuine b. to relate to the individual who presents it. In other words, an employer or employer s agent who signs Section 2 of the Form I-9 is not attesting to the legitimacy of the status of the person, but rather, to the fact that he/she has reviewed the original documents and that it reasonably appears to him/her, upon reasonable inspection of its features and the information it contains to be genuine and to relate to the employee who has presented it for the employment eligibility purposes. USCIS Employer Information Bulletin

64 Employee s Responsibility Regarding Form I-9 A new employee must complete Section 1 of a Form I-9 no later than close of business on his/her first day of work. The employee must sign Section 1. The employee s signature holds him/her responsible for the accuracy of the information provided. The employer is responsible for ensuring that the employee completes Section 1 in full. 64

65 SECTION 3: UPDATING & REVERIFICATION OF THE I-9 FORM 65

66 Occasionally the I-9 form must be updated and re-verified for certain employees; for this Section 3 of the form I-9 is completed. When to Update/Re-verify the I-9 When an extension of work authorization has been granted When a new type of work authorization has been granted When the employee has had a name change as evidenced by an updated Social Security Card. Notice: Do not use Section 3 (3b) of the I-9 form for rehired employees. A new I-9 is required. 66

67 How to Update/Re-verify the I-9 1. The I-9 Form: a. List in section 1, the employee s name. At the top of the form, write the employee s I.D. number. b. Complete section 3 of the I-9 only. Only the hiring agent s signature and the signature date is required. c. Attach all Re-verification documents to the I-9 form. 2. Update OLPPS using the appropriate fields (EVSA, EEID, etc.) with the new information such as: Name Change Citizenship Code Visa Type Work Permit End Date 67

68 EXAMPLE OF REVERIFICATION I-9 FORM Le Peu Pepe Note: I-9 Preparers must use the most recently revised Form I-9 dated (08/07/09)., Complete Section 3 when there is: 1. Name change (must see social security card). 2. Update to the work authorization (i.e. work permit end date, visa type). Never use Section 3 for rehires. Permanent Resident Card A /22/12 Ima Example 01/17/10 68

69 Timely filing for extension of Work Authorization EXAMPLE (H-1, J-1, O-1, P-1 and TN) 3. Attach the copy of the fee receipt or I- 797c to the I Note: I-9 Preparers must use the most recently revised Form I-9 dated (08/07/09). Bruin Sally E Section 3: 1. NOW This section needs to be completed with the statement A petition timely filed for extension of work authorization - 8 CFR Sign and Date form. Signature date should be the date the form was completed Add 240 days to the work Permit End Date in EDB Note in the PAN :A petition timely filed for extension of work authorization 8CFR A petition timely filed for extension of work authorization 8 CFR Ima Example 01/03/06 69

70 Notice of Action (I-797) Einstein Albert 1. Complete Section 3C of a new I-9 Form when the updated Notice of Action (Form I-797) is received. 2. Update the Work Permit End Date in EDB, if necessary. 3. Forward the updated I-9 Form and the I-797 to Payroll Services. Notice of Action I /27/12 Ima Example 07/18/11 70

71 Permanent Resident to U.S. Citizen When an employee has changed his/her citizenship status from Permanent Resident (PR) to naturalized U.S. Citizen (C), do not complete a new I-9 form for the employee. Permanent Resident employment status does not expire. Change the Citizenship status on the EVSA screen. An Oath form must be completed. Enter the date that the Oath was signed by the employee on EPD2. 71

72 Temporary Protected Status (TPS) Reverification Temporary Protected Status is a temporary immigration status granted to eligible nationals of designated countries. Are issued an Employment Authorization Document (I-766), with the notation A-12 or C-19 under Category. Occasionally the TPS expiration date is extended by federal legislation as indicated in the Federal Register (FAR). When this occurs the employee may continue to work with an EAD that has expired on its face. In order to record the automatic extension, please do the following: Employee may present an original EAD card (this may be expired) They may also present to you an original receipt from the USCIS showing that they have applied for the extension or the FAR indicating automatic extension status. a. List in section 1 the employee s full name. At the top of the form, write the employee s I.D. number. b. Complete section 3 of the I-9 Form only. Indicate the new expiration date of the extension per the release notice. c. Attached a copy of the fee receipt and/or the FAR to the I-9 Form. 72

73 Visa/Work Authorization Reports Payroll Services offers various reports to assist departmental personnel in tracking employees whose visa/work authorization are about to expire and may need to be reverified. Departments can access the reports on Document Direct. Additional information regarding the following reports can be found in the PPS Manual section D6. Report PPP Personnel Status Report Report PRS745 reflects visa/work authorization that has already expired. This report should be reviewed on a monthly basis to ensure that no employee is employed with expired work authorization. Report PRS6203 this report reflects visa/work authorization that will expire within the next 4 months. This report should be reviewed by the department on a regular basis. Departmental personnel may wish to use this report to remind alien employees of expiring work authorization. 73

74 SAMPLE I-9 FORMS 74

75 COMMON ERRORS San Francisco June S. Paycheck The areas in the ovals have not been completed. 75

76 COMMON ERRORS San Francisco Maid Marion Rehires require a new I-9 Form. Never use Section 3 to process rehires. Perm. Resident Card Lota Example 76

77 Common Errors San Francisco John D. Lord D.D. 06/13/05 Document Abuse!!! Doris Day 77

78 Common Errors San Francisco CA Johnny Rocket Dates are out of Compliance with DHS requirements Lota Example 78

79 List A Good Example San Francisco Patrick G. Duffy Lota Example 9/11/

80 List B & C Good Example San Francisco /11/

81 List A with I-551- Good Example San Francisco Pepe LePeu This information must match. Lota Example 4/15/

82 LIST A with Unexpired Passport, I-94, and Work Authorization Document Use same format for either the DS-2019 or I-20 form. Swenson Inga 29 th St #212 03/18/74 San Francisco CA X 09/22/ Inga Swenson 02/01/11 Note: I-9 Preparers must use the most recently revised Form I-9 dated (08/07/09)Y. This sample is for demonstration purposes only. DS /22/12 Passport and I-94 Sweden /11/ D/S 02/01/11 Must review work authorization documents. Expiration dates should match. Ima Example Ima Example Admin Specialist 456 Royce Hall UCSF, Box 0812 SF, CA /03/11 82

83 LIST A with I-766 (F1 OPT STEM) GOOD EXAMPLE Einstein Albert /29/79 Anywhere USA Albert Einstein X 04/11/11 A /10/11 EAD I-766 DHS A /10/11 I-20 N /10/11 04/11/11 Complete Section 2 only for New Hires and Rehires who present OPT STEM extension documents. 83

84 E-Verify What is it? E-Verify is an Internet-based system operated by the Department of Homeland Security, U.S. Citizenship Services (USCIS), in partnership with the Social Security Administration (SSA). It allows employers to verify the employment eligibility of their employees, regardless of citizenship. Based upon the information provided by the employee on the I-9 Form, E- Verify checks the information electronically against records contained in DHS and SSA databases. Effective September 8, 2009, employers who have signed a federal contract or subcontract that includes the E-Verify clause are required to process their employees in the E- Verify database. 84

85 E-Verify vs. Normal I-9 Form Procedures Employees who are not subject to E-Verify Are not required to provide SSN in Section 1. Can present a List B document without a photograph. Employees who are subject to E-Verify Are required to provide SSN in Section 1. Their List B document must bear a photograph. Are required to attach a copy of the I-551, I-766, U.S Passport or U.S Passport card to the I-9 Form. I-9 Processors must give the completed I-9 Form to the E-Verify General User for entry into the E- Verify system. The I-9 data must be entered into E-Verify within 3 business days of hire. 85

86 Documenting Receipts on the I-9 Form UCSF uses the following procedures for documenting receipts for the I-9 Form: Record in Section 2 the document title and number (if available) of the receipt, and write receipt in the document space Forward a copy of the completed I-9 form to Payroll Services and retain the original I-9 Form until the actual work authorization arrives. After providing the receipt the employee has 90 days to present an actual document or other acceptable I-9 documents. Verify the actual document information with the information on the I-9 form. Make any necessary changes on the I-9 from, cross-out the word receipt, initial, and date the changes made to the I-9 form. Forward the corrected original I-9 form to Payroll Services. 86

87 US CIS I-9 Receipt Rules Employees who do not possess the required documentation when employment begins may not submit receipts showing that they have applied for initial applications for documents or for applications for extension of documents. Receipts may be used only for the following reasons: 1. If an individual s document has been lost, stolen, or damaged, then he/she can present a receipt for the application for a replacement document. The replacement document needs to be presented to the employer within 90 days of hire or, in the case of Reverification, the date employment authorization expires. 2. The arrival portion of the Form I-94/I-94A with an attached photo and temporary I- 551 stamp, which is a receipt for a List A document. When the stamp expires, or if the stamp has no expiration, one year from date of issue, the employee must present the Form I-551 Permanent Resident Card. 3. The departure portion of the Form I-94/I-94A with a refugee admission stamp, which is a receipt for a List A document. The Form I-94/I-94A is acceptable as a receipt for 90 days. (Please see Refugee Documentation instructions). Note: A receipt is never acceptable for employment lasting less than 3 days. US CIS Employer Information Bulletin

88 Example of I-9 with SSC Receipt Florida Mississippi L.E. 10/27/05 1. Note in the document space the word receipt, and forward to Payroll Services a copy of the I-9 form. 2. For all receipts, you must review actual document(s) within 90 days or other documents to complete the I-9 form. 3. Verify and make all necessary changes to the form. Lota Example 4. Cross out the word receipt, initial, and date the changes. 5. Forward original I-9 form to Payroll Services. 88

89 Refugee I-9 Documents Status Section 1 Initial I-9 Documents Reverification Documents Refugee Box 4 Alien authorized to work Expiration date N/A List A I-94/I-94A evidence of both identity and employment authorization for 90 days only. EAD I-766 Any valid list B and List C combination If I-94/I-94A used, must reverify the employee by the end of 90 day period. Employee can present EAD I-766 or valid List B and List C documents. By the end of the expiration period. N/A 89

90 EXAMPLE OF I-9 WITH REFUGEE I-94 CARD Msamaki San Francisco Urenna TH ST /05/84 CA X N/A Urenna Msamaki 11/01/05 I-94/ INA RECEIPT US CIS N/A 11/05/05 Ima Example Ima Example UCSF Payroll Services 1855 Folsom Street, Box 0812 Zip MSO 11/05/05 90

91 Asylum I-9 Documents Status Section 1 Initial I-9 Documents Reverification Documents Asylees Box 4 Alien authorized to work Expiration date N/A List C I-94/I-94A evidence of employment authorization only. Employee must also present valid List B document. EAD I-766 Any valid List B and List C combination N/A By the end of the expiration period. N/A 91

92 EXAMPLE OF I-9 WITH ASYLEE I-94 CARD Driver License CA DMV C /05/14 I-94/ INA 208 USCIS N/A 05/02/11 Ima Example Ima Example MSO UCSF Payroll Services 1855 Folsom Street, Box 0812 Zip /06/ M S A M A K I U R E N N A ROWANDA 92

93 REMOTE NEW HIRES WORKING WITHIN THE UNITED STATES 93

94 Remote New Hires: Working Within the U.S. Occasionally, a department may hire an employee who is to be paid by the University, yet will not physically work at the University. Regardless of where employees will physically perform their duties, if employed within the United States, the I-9 form must be completed. The UCSF Remote New Hire form has been designed to help departmental personnel process employees for UCSF who are at remote (distant) locations. An authorized representative must be assigned to complete the form for the University. An authorized representative can be anyone that the departmental personnel assigns to act as an agent for the UC (employees of the UC regents, notary public, attorney, outside personnel officer, etc.). The agent should be chosen carefully, because UCSF will be held responsible for the actions of the agent

95 Remote New Hires: Working Within the U.S. The hiring department completes the UCSF REMOTE NEW HIRE NOTICE form. The entire form must be completed. Always include the employee s date of hire on the form. The completed Remote New Hire form and the Remote New Hire Instruction sheet is given to the employee or the agent. The list of Acceptable Documents for the completion of the I-9 form along with the I-9 instructions sheet must be given to the employee. The employee completes section 1 of the I-9 form only. All I-9 paperwork procedures and deadlines are the same. All forms completed by the agent along with the Remote New Hire Notice must be returned to Payroll Services. The I-9, the Oath & Patent are required forms by either the Federal Government and/or UC policy. For this reason, all costs for notarization must be paid by the hiring department. 95

96 Remote New Hires: Working Within the U.S. If the new hired or rehired employee is a non-u.s. citizen and will work and reside outside of the U.S. (or an outlying possession of the U.S.) an I-9 form is not required. Have the employee complete the Patent form and all additional new hire forms (i.e. Foreign Source Income Statement). If the non U.S. Citizen employee enters the U.S. at all an I-9 form is required (even for a short period of time). Please contact the Tax Team at ext if you have an employee who works and resides outside of the U.S. but is coming to the U.S. 96

97 Physical Presence I-9 forms should be completed as follows: The employee must sign and date the I-9 form when he/she is physically present at the work site. The I-9 preparers enters the date of physical presence (e.g. 09/2X/XX) in the Certification section of the I-9 form. Also write: First day of physical presence XX/XX/XX on the I-9 form. The I-9 preparer must complete (sign and date) the form within three (3) business days of the employee s physical presence at the work site. The Date of Hire and appointment date in OLPPS will reflect the contract start date (e.g. 07/01/XX). Departments may choose to use the Remote New Hire Notice form instead of the above process, as long as the I-9 form and the Notice form is completed on or before the date of hire listed in OLPPS. 97

98 SAMPLE IGEN & IAPP SCREENS HIRED, LISA LEE HIREED, LISA LEE HIRED, LISA LEE 98

99 SAMPLE OF PHYSICAL PRESENCE I-9 Newl Lee Hired FIRST DAY OF PHYSICAL PRESENCE 09/22/03 Lota Example Note the consistency of dates 99

100 Payroll Services Monitoring Process If any part of section 1 of the I-9 form is completed or corrected by anyone other than the employee, the Preparer/Translator section of the of the I-9 form must be completed. All individual forms must be corrected and returned to Payroll Department by the deadline date. If not returned by the deadline date, a 2 nd notice is sent to the departmental representative and to his/her department manager. In cases where the department representative who initiated the incorrect I-9 form is no longer in that department, the I-9 form will be forward to either the new department representative or to the department manager for correction. 100

101 Invalid Social Security Number Notification Process If the SSN on the card does not match the SSN in OLPPS: a) Update OLPPS record with correct information b) Forward copy of SS card to Payroll. A corrected W-2 may be needed. If SSN on card does match the SSN on OLPPS, Departments need to review I-9 Form. I-9 Form Review If invalid Social Security Number was used for purposes of employment eligibility, then department needs to re-verify employment eligibility. a. If employee can establish employment eligibility with different forms, then work authorization continues. b. If employee cannot establish employment eligibility, employment should be discontinued. c. Contact Labor Relations before taking any action. 101

102 Out of Compliance Notice 102

103 PENALTIES FOR PROHIBITED PRACTICES Civil Penalties Hiring or continuing to employ unauthorized aliens UNLAWFUL EMPLOYMENT UNLAWFUL DISCRIMINATION CIVIL DOCUMENT FRAUD First Offense Fines will range: $375 - $3200 for each unauthorized alien Range: $375 - $3200 for each unauthorized alien Range: $375 - $3200 for each unauthorized alien Second Offense Subsequent Offense Fines will range: $ $6500 for each unauthorized alien Fines will range: $ $16,000 for each unauthorized alien Range: $ $6500 for each unauthorized alien Range: $ $16,000 for each unauthorized alien Range: $ $6500 for each unauthorized alien Failing to Comply with the Form I-9 requirements: I-9 was not properly completed, retained, and/or made available for inspection. Fines will range: $110 - $1100 for employee for whom the I-9 was not properly completed, retained, and/or made available Criminal Penalties Engaging in a pattern or practice of knowingly hiring unauthorized aliens Engaging in fraud or false statements, or otherwise misusing visa, immigration permits, and identity documents. Fines up to $3000 per employee and/or 6 months of imprisonment Fines, imprisonment up to 5 years, or both 103

104 WHAT TO DO WHEN YOU DISCOVER: UNAUTHORIZED EMPLOYEES (DHS Description) It occasionally happens that an employer learns that an employee whose documentation appeared to be in order for Form I-9 purposes is not actually authorized to work. In such case, the employer should question the employee and provide another opportunity for review of Form I-9 documentation. If the employee is unable under such circumstances to provide satisfactory documentation, employment should be discontinued (alien employees who question the employer s determination may be referred to an DHS field office for assistance.) UCSF Process Contact the Employee Relations Office for guidance. 104

105 WHAT TO DO WHEN YOU DISCOVER: FALSE DOCUMENTATION (DHS Description) False documentation includes documents that are counterfeit or those that belong to someone other than the employee who presented them. It occasionally happens that an employee who initially presented false documentation to gain employment subsequently obtains proper work authorization and presents documentation of this work authorization. In such a case, U.S. Immigration law does not require the employer to terminate the employee s services. However, an employer s personnel policies regarding provision of false documentation to the employer may apply. The employer should correct the relevant information on the Form I-9. UCSF Process Contact the Employee Relations Office for guidance. 105

106 DOCUMENT ABUSE Employers commit document abuse when: * they request more or different documents than are required to establish a worker s identity and eligibility to work in the US. Employers also commit document abuse when * they reject documents that appear to be reasonably genuine upon their face. 106

107 Examples of Document Abuse Examples: o Requesting specific documents to establish employment eligibility (i.e. requesting new hires to bring in a Drivers License and Social Security Card). o Refusing to accept a document(s) that reasonably appears to be genuine and relate to the employee presenting it. o Requiring an employee to present more documents than are minimally necessary in order to establish identity and eligibility to work. o Listing documents in all three lists. 107

108 Additional Tips Never use whiteout or arrows to correct an I-9 form. Line out the incorrect data, insert the correct data, and initial. Never back date an I-9 form. Only use black or blue ink when completing New Hire Forms. To ensure faster processing of the I-9 form, please print the employee s ID number on top of the I-9 form. Send to Payroll Services the following documents: I-9 Oath & Patent Form UC W-4/DE4 If foreign national, either Tax Treaties documents (UC W-4/DE4, UC W-8BEN, 8233, Tax Treaty Article) or Non-Treaties documents (UC W4 NR/DE 4, UC W-8BEN, UC W-4/DE4) 108

109 The Oath 1. All employees must complete this section in full. 2. Only U.S. citizens (includes naturalized citizens) complete this section of the Oath form. 3. Departmental personnel must witness employee s signature. 4. Departmental personnel must sign the Authorized Official section of the 109 form.

110 The Patent 1. All employees complete the Patent form, regardless of their citizenship status. 2. Departmental Personnel must witness the employee s signature. 3. Departmental Personnel must sign the Witness section of the form. Note: Contact the Payroll Services if any employee refuses to complete the Patent form. 110

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