Frequently Asked Questions About I-9 Compliance

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1 Frequently Asked Questins Abut I-9 Cmpliance What is required t verify wrk authrizatin? The basic requirement t verify wrk authrizatin is the Frm I-9. This frm is available n the HR website: The back f the frm lists the types f dcuments that a new hire must prvide t verify his r her identity and that he r she is authrized t wrk in the United States. The purpse f the I-9 frm is t verify identity and authrizatin t wrk in the United States. What are the current civil penalties? Vilatins f I-9 requirements: fines range frm $110 - $1,100 per I-9. Knwingly hiring r cntinuing t emply: fines range frm $375 - $3,200 per alien Pattern r practice: $3,300 - $11,000 Debarment frm gvernment cntracts fr knwingly emplying an unauthrized wrker Criminal penalties: fines and/r imprisnment What are the basic Frm I-9 requirements? Emplyers must cmplete fr every new hire after Nvember 6, Emplyers may nt knwingly hire r cntinue t emply a persn wh is nt authrized t wrk in the United States. Knwingly means actual knwledge r cnstructive knwledge. Physical presence f the emplyee is required. Must see riginal dcuments, nt cpies. Hwever will accept a certified cpy f birth certificate. Attach phtcpies f dcuments t I-9. N exceptin fr temprary r part-time emplyment. Wh shuld fill ut Frm I-9? Frm I-9 must be cmpleted fr all new hires, including temprary r part-time emplyment Frm I-9 must be cmpleted fr all emplyees wrking in the U.S., even if n payrll abrad Frm I-9 is nt required fr independent cntractrs Frm I-9 is nt required fr pre-11/07/86 hires (grandfathered emplyees) Frm I-9 is nt required fr emplyees wrking utside the U.S. r utside its territries Hw shuld Frm I-9 be cmpleted? Physical presence f emplyee is required (Smene has t see persn and his/her dcuments) Must see riginal dcuments, nt cpies. Hwever, will accept a certified cpy f birth certificate. Attach phtcpies f dcuments N exceptin fr temprary r part-time emplyment

2 When must the Frm I-9 be cmpleted? The Frm I-9 must be cmpleted within three business days f the date emplyment begins. If the new hire claims that the necessary dcuments were lst, stlen r destryed, the persn must prvide a receipt fr replacement dcuments within the three days. May nt accept receipt fr extensin f emplyee authrizatin dcument. If an emplyee has presented a receipt fr a replacement dcument, he r she must prduce the actual dcument within 90 days f the date emplyment begins. Is cmpletin f an I-9 required fr a persn wh is being rehired? N I-9 is needed if an emplyee is cntinuing t be emplyed. Fr example: Leave f absence, disability, vacatin, etc. Prmtin r demtin Strike, temprarily laid ff Disciplinary suspensin Transfer between ne distinct unit f emplyer t anther I-9s may be reused if cmpleted within 3 years f date f rehire (new I-9 recmmended) Is an I-9 needed fr cntractrs and temprary agencies? N I-9 frm is needed fr true independent cntractrs If yu cntract with a temprary agency fr persnnel, fllw the fllwing guidelines: Clearly identify the agency as the emplyer Indicate the agency will cmply with State and Federal requirements including, but nt limited t, prper I-9 cmpletin and maintenance Include an indemnificatin clause Entering int a cntract with knwledge f unlawful status can remve the independent cntractr prtectin Re-verificatin will be cnducted by the Office f Human Resurces. What are an emplyer s retentin bligatins? Emplyer must have a Frm I-9 fr every current emplyee (unless they were hired prir t Nvember 7, 1986) Emplyer cannt destry I-9 fr current emplyee Fllwing emplyee s terminatin, emplyer must retain I-9 fr the later f: 3 years after the persn began wrk: OR 1 year after the persn departs the cmpany Ideally centralize I-9 strage in ne lcatin Keep separate frm immigratin (including PAFs) and persnnel files What are basic Frm I-9 discriminatin vilatins? Dcument Abuse

3 Occurs when certain emplyees r applicants are subject t mre stringent verificatin measures than necessary t verify that they are eligible t wrk in the United States Citizenship Status Discriminatin Occurs when individuals are nt hired r are fired because f their real r perceived immigratin r citizenship status, r because f their type f wrk authrizatin Natinal Origin Discriminatin Emplyer treats an emplyee r applicant differently during the hiring and firing prcess because f his r her place f birth, cuntry f rigin, ancestry, native language, accent r because the individual is perceived as lking r sunding freign Retaliatin Example: emplyee terminated fr filing cmplaint What is dcument abuse? May nt ask fr mre r different dcuments May nt refuse t accept valid dcuments presented Shuld nt specify which dcuments will be acceptable Wh is in the I-9 prtected class? U.S. citizens r natinals Permanent residents Refugees Asylees Temprary residents under the legalizatin prgram (Special agricultural wrker r amnesty applicant under 1986 law) Wh is nt in the I-9 Prtected Class? Nn-immigrants such as: F-1 J-1 H-1 Asylum applicants Illegal aliens Hw shuld an I-9 be cmpleted? SECTION 1 must be cmpleted by emplyee n, r befre, the first day f hire. Ensure that emplyee checks bx, signs and dates the frm. SECTION 2 must be cmpleted within three business days f the date emplyment begins. SECTION 3 must be cmpleted n, r befre, temprary emplyment authrizatin expires. TIPS fr SECTION 1: SECTION 1 must be cmpleted by emplyee n r befre first day f hire. Ensure that emplyee checks bx, and signs and dates the frm. If emplyee checks Bx 2 (new frm Bx 3), A # must be entered. If emplyee checks Bx 3 (new frm Bx 4), expiratin date and A # r I-94 must be entered.

4 Mst cmmn errrs in SECTION 1: 1. Name in wrng rder 2. Address incmplete 3. Scial security number field blank (required fr emplyees wrking n cntract with FAR E- Verify clause.) 4. Attestatin bx nt checked r is incmplete 5. Signature missing 6. Date missing 7. Date f birth instead f current date TIPS fr SECTION 2: SECTION 2 must be cmpleted by cmpany representative within 3 business days f hire Verificatin f IDENTITY and WORK AUTHORIZATION Cmpany representative must review ORIGINAL DOCUMENTS Attach cpies f presented dcuments t the I-9 Mst cmmn errrs in SECTION 2: 1. Clumns A, B, r C left blank with cpies attached 2. Clumn B & C dcuments reversed 3. Dcument number missing 4. Dcument expiratin date missing 5. Date f hire missing 6. Certificatin nt signed Mst cmmn errrs in SECTION 3: 1. Re-verificatin nt cmpleted in a timely manner 2. Dcument prvided was nt acceptable r inadequately described 3. Over-dcumentatin (d nt re-verify identity) 4. Emplyer signature r date missing Dcument TIPS U.S. passprt CANNOT be expired (effective April 3, 2009 all dcuments must be valid at time f presentatin) Freign passprt must be unexpired ID card must be issued by a federal/state/lcal gvernment agency. (Schl IDs acceptable fr students/minrs) Vter s registratin card need nt have pht t cnfirm identity. Fr E-Verify candidates, a pht ID is required. Scial security card nt acceptable fr wrk authrizatin if it cntains ntatins Nt Valid fr Emplyment. Scial security card will NEVER say Valid fr Emplyment. Birth certificate must be issued by state r lcal gvernment authrity. (Nt church, nt hspital.)

5 Why must United States citizens fill ut the Frm I-9? The Frm I-9 is designed t determine wh is authrized t wrk in the United States. Its purpse is nt t determine wh is and wh is nt a citizen. While all citizens are authrized t wrk here, it is nt always easy t recgnize wh is and is nt a citizen because f the diverse heritage f ur cuntry. Emplyers must d an I-9 frm fr every emplyee, nt just thse wh appear t be nn-citizens. D I need t cmplete a Frm I-9 fr everyne wh applies fr a jb with my cmpany? N. Yu need t cmplete Frm I-9 nly fr peple yu actually hire. Fr purpses f the I-9 rules, a persn is hired when he r she begins t wrk fr yu fr wages r ther cmpensatin. Can I terminate an emplyee wh fails t prduce the required dcuments within three business days? Yes. Yu may terminate an emplyee wh fails t prduce the required dcuments, r a receipt fr replacement dcuments (in the case f lst, stlen r destryed dcuments), within three business days f the date emplyment begins. Hwever, yu must apply these practices unifrmly t all emplyees and nt just t thse wh d nt appear t be citizens. What are the legally acceptable dcuments that a new hire can shw fr I-9 purpses? The emplyer is required t verify bth identity and authrizatin t wrk in the United States. The back f the I-9 Frm describes which dcuments establish a new hire s identity and wrk authrizatin. Dcuments listed in List A establish bth identity and authrizatin t wrk in the United States List B dcuments nly establish identity List C dcuments nly establish emplyment eligibility, meaning the persn is authrized t wrk in the United States. Can I refuse t hire a persn wh des nt have a U.S. birth certificate r a Green Card but has ther papers? The emplyer must lk at the ther dcument papers t determine whether they prve identity and wrk authrizatin. An emplyer cannt require that the new hire prvide specific dcuments, such as a U.S. birth certificate r a Green Card. A new hire may shw any f the dcuments listed n the I-9 frm. The dcuments shwn in List A n the back f the I-9 Frm prve bth identity and authrizatin t wrk. If a new hire prvides a dcument in List A, nly ne dcument is needed. If the dcument prvided is nt in List A, the emplyee must prvide a dcument frm List B and a dcument frm List C. If I believe a new hire is an alien, can I ask the persn t prduce a Green Card when filling ut the I-9 Frm? N. Emplyers cannt specify which dcument r dcuments are acceptable frm an emplyee. If the persn prvides a dcument frm List A, r a dcument frm List B and a dcument frm List C, the emplyer may nt request any ther dcument t verify emplyment eligibility. When filling ut the I-9 Frm, can I accept a scial security card frm an alien as prf f wrk authrizatin? Yes, s lng as the scial security card des nt state NOT VALID FOR EMPLOYMENT r VALID FOR WORK ONLY WITH INS AUTHORIZATION. NO ONE WORKS UNTIL THE I-9 and W-4 FORMS ARE COMPLETED!!!

6 Frm I-9 Checklist SECTION 1. Emplyee Infrmatin and Verificatin: T be cmpleted n the first day f wrk. Earlier is acceptable, but the frm cannt be cmpleted befre the emplyee has been hired. Give the emplyee a Frm I-9 (all pages including instructins). Ask him/her t cmplete Sectin 1 and bring an acceptable cmbinatin f dcuments t yu n later than their third wrk day. NOTE: Let the emplyee chse the dcuments! Never request specific dcuments. Check that the emplyee has cmpleted all fields: Name: The emplyee must use his/her legal name in crrect rder Address, date f birth, scial security number Citizenship Attestatin a. A lawful permanent resident must prvide an 8- r 9- digit Alien Number b. An Alien Authrized t wrk must prvide the date wrk authrizatin expires and an Alien number r an 11-digit admissin number frm the frm I-94. Sign and Date: The frm is nt valid withut a signature Preparer and/r Translatr Certificatin: If smene ther than the emplyee cmpleted Sectin 1. SECTION 2. Emplyer Review and Verificatin: T be cmpleted n later than the emplyee s third day f wrk by an authrized representative f the hiring department. (Cntact yur supervisr r HR cntact in yur department t find ut if yu are authrized t sign this sectin.) Accept the first valid dcument r cmbinatin f dcuments presented. Accept nly riginals and d nt ask fr r accept mre than is required. Valid dcumentatin is ne f the fllwing: Once dcument frm List A, OR ne frm List B AND ne frm List C. Be sure the emplyee has signed the dcuments Nte that Freign Passprt with an I-94 Arrival/Departure Recrd requires an additinal wrk authrizatin dcument, such as I-20 r DS Make a readable cpy f each dcument. Recrd each dcument title, issuing authrity, dcument number, and expiratin date (if applicable). Use the crrect lines accrding t the key at the far left f the page. Be sure t use the crrect clumn fr List A, B, r C. Enter the emplyment begin date (mnth/day/year). Use the current date, if yu are cmpleting the frm befre the actual first day f wrk. D nt leave this space blank! SECTION 3. Updating and Re-verificatin: Only use this sectin when the emplyee s wrk authrizatin has changed r has a new expiratin date. Handling the Cmpleted I-9: Frward the riginal I-9 with all supprting dcuments t the Office f Human Resurces.

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