I-9'S : COMPLYING WITH REGULATIONS

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1 -Background & Purpose of the I-9 Form -Employer Responsibilities -Penalties under IRCA -Preparing the I-9, verifying documents -Amendments and Re-verification I-9'S : COMPLYING WITH REGULATIONS

2 Background & Purpose of the I-9 Form The Immigration Reform and Control Act of 1986 (IRCA) for the first time in US history imposed penalties on employers for knowingly hiring or continuing to employ individuals who are not authorized to work in the US. IRCA, as modified by the Immigration Act of 1990 (IMMACT90), also prohibits employers from engaging in Unfair Immigration Related Employment Practices. National Origin Discrimination Document Abuse Citizenship-Status Discrimination

3 Employer Responsibilities Hire Authorized workers Complete I-9 for ALL new hires Ensure that employees fully complete Section 1 of I-9 at time employment begins Allow employees to present any document/combination accepted by law & verify that all documents are unexpired Fully complete Section 2 of the I-9, sign & date within 3 days of hire Monitor work authorizations Retain for proper record retention times Make I-9 s available for inspection

4 Penalties under IRCA Unlawful Employment Civil Penalties A. Hiring or continuing to employ unauthorized aliens 1. First Offense: Not less than $275 and not more than $2,200 for each unauthorized alien; 2. Second offense: Not less than $2,200 and not more than $5,500 for each unauthorized alien; or 3. Subsequent Offenses: Not less than $3,300 and not more than $11,000 for each unauthorized alien. B. Failing to comply with the Form I-9 requirements amount of not less than $110 and not more than $1,100 for each individual with respect to whom such violation occurred C. Enjoining pattern or practice violations The Attorney General may bring civil action in the appropriate U.S. District Court requesting relief, including a permanent or temporary injunction, restraining order or other order against the person or entity D. Requiring indemnification Civil money penalty of $1,000

5 Penalties under IRCA, cont d Unlawful Employment Criminal Penalties A. Engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens may face fines of up to $3,000 per employee and/or six months imprisonment. B. Engaging in fraud or false statements, or otherwise misusing visas, immigration permits and identity documents May be fined, or imprisoned for up to five years, or both. Unlawful Discrimination Civil Penalties same as continuing to employ unauthorized aliens Civil Document Fraud Civil Penalties 1st offense: Not less than $275 & not more than $2,200 for each fraud document Subsequent offenses: Not less than $2,200 & not more than $5,500 for each fraud document

6 When do we need an I-9? All new employees hired after November 6, 1986 Employees who have terminated employment & are rehired in either the same or a different position. Within 3 years of last appointment end, I-9 can be updated. If the employee s I-9 is a version revised before 2/2/09, a new I-9 is needed. Employees who transfer from another UW location or state government Rehired annuitants Form retained on file for updating or reverification is dated prior to the newest form issued 2/2/09

7 Preparing the I-9 Section 1- Employee Information to be completed by the employee Section 2- Employee Documents to be completed by Employer Section 3- Re-verification To be completed by the employer if need arises

8 Section 1 Employee Information This area is very commonly overlooked. Employee must fill in one box Legal Name Address Date of Birth Social Security # Must be completed and signed no later than the first day employee reports for work This section to be completed if form is prepared by anyone other than the employee

9 Section 1 Problem Areas The last two of three boxes A = this is the number on the Alien Registration Card or EAD card Alien Authorized to work until (Alien # or Admission # ) = expiration date of work permissions and the number either on the EAD card or on the I-94 card Make sure the employee signs and dates the form. If not, the employer assumes liability for false statements in section 1 Employer s role in Section 1 is to review it for completeness

10 Section 2 Employer Review and Certification Form must be completed NO LATER than 3 business days after first day of employment One document in List A OR One document in List B AND One document in List C This box is commonly overlooked. It is the Employers Role to : Establish the identity of the employee Verify employment eligibility

11 List A Documents (Establish both identity & work permission) ** PLEASE NOTE: A recent change in Federal Guidelines requires ALL documents to be UNEXPIRED ** An UNEXPIRED US Passport 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 (Form I-766) A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.

12 List B Documents on the I-9 (Establish ONLY identity) ** PLEASE NOTE: ALL DOCUMENTS MUST BE UNEXPIRED ** Drivers License issued by State or outlying territory of the US Federal/State I.D. card School I.D. card Voters registration card U.S. Military card/draft record Military Dependent ID

13 List B Documents on the I-9, cont d (Establish ONLY identity) ** PLEASE NOTE: ALL DOCUMENTS MUST BE UNEXPIRED ** Coast Guard Merchant mariner Card Native American Tribal Document Canadian driver s license If Under 18: School record/report card Clinic, hospital, doctor record Day-care or nursery school record

14 List C Documents on the I-9 (Establish employment authorization ONLY) ** PLEASE NOTE: ALL DOCUMENTS MUST BE UNEXPIRED ** U.S. Social Security card (other than one stating I 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 state, county, municipal authority or outlying possession of the United States bearing an official seal Native American Tribal Document U.S. Citizen I.D. card (DHS Form I-197) I.D. card for use of a Resident Citizen of the United States (DHS Form 1-179) Unexpired employment authorization document issued by the DHS (other than those listed under List A)

15 Reviewing the Documents All Documents need to be unexpired If Documents appear to be genuine, you must accept them, unless you have knowledge to the contrary However, if you have knowledge that they are not right, you must explore further

16 Section 3 of the I-9 Maintain tickler file of employees with time limited Work Authorizations Remind employees at least 120 days prior to expiration- can file up to 180 days prior to expiration It is required to re-verify if employment authorization document (List A or C) expires Do not re-verify identity (List B) documents Do not re-verify permanent resident cards

17 List A Documents Need to be re-verified Must NOT be re-verified Foreign passport with I-551 stamp or Form I-94 indicating unexpired employment authorization Temporary Resident Card (Form I-688) Employment Authorization Card (Form I-688A, I-688B, or I-766) US Passport Alien Registration Receipt Card (Form I-151 or i- 551)(a.k.a. Permanent Resident Card or Green Card)

18 List C Documents Need to be re-verified Must NOT be re-verified Employment Authorization Document Issued by DHS/BCIS (time limited & other than a list A document) US Social Security Card Certification of Birth Abroad (Form FS-545 or DS-1350) Birth Certificate Native American Tribal Document U.S. Citizen ID Card ID Card for resident citizen in US( Form I-179)

19 Other I-9 Verification Issues at UWGB I-9 s not verified until after PA form is prepared for payment (months later for lump sum payments for example) I-9 s not completed within 3 days of start date Verifying with copies and not viewing original documents Telling employees what documents to bring in for verification Photocopies of documentation not maintained for all employees

20 Other I-9 Verification Issues at UWGB, cont. I-9 forms not completed completely and/or correctly i.e. 2 forms of identification for identity, and none for work eligibility Over Documentation 3 forms of ID submitted New permanent staff complete I-9 form and mail back to HR instead of department I-9s not collected at all- Call HR to determine if the employee needs a new I-9 Otherwise, HR has to follow up and then I-9 is generally not verified within 3 days of employment OTHER NOTABLE CHANGES: A NEW I-9 DOES NOT need to be completed for an employee who is notified in writing prior to the end of their current appointment period that he/she will be returning for employment. UPDATED I-9. Make sure proper I-9 is being used (new form dated February 2, 2009).

21 Questions? If you have any questions concerning an I-9 or completing an I-9 feel free to contact the Human Resources/Payroll staff at any time. You can also use the federal I-9 manual for assistance, located at pdf Sources: Microsoft Power Point, Created by : Jorge R Lopez, Esq.