Nonprofits and Form I-9 Compliance June 17, :00pm-1:00pm (EST) Webinar

Transcription

1 Nonprofits and Form I-9 Compliance June 17, :00pm-1:00pm (EST) Webinar Regina Hopkins direct Dawn Lurie direct Catherine Risoleo direct

2 Form I-9 Training Overview The Law The I-9 Process Section 1 - Employee Section 2 Employer The Reasonable Person Standard Section 3 Reverification and Updates Form I-9 Retention 2

3 The Immigration Reform & Control Act of 1986 Established an employment eligibility verification requirement utilizing the Form I-9 to collect data on new hires Established an anti-discrimination provision designed to keep employers from: Discriminating against people because of their citizenship, immigration status or national origin (having a foreign accent, not looking American ) Committing document abuse by requiring more or different documents to prove work eligibility 3

4 Who Must Complete an I-9? All employees hired after November 6, 1986 Re-hired employees, if the original I-9 is beyond the retention date or otherwise unavailable Simple, yet the devil IS in the details: The I-9 process is designed to assure that we do not knowingly hire workers who are ineligible to work in the United States Clearly document that the employer does everything required in a responsible and conscientious manner to verify: That EVERY employee is who he/she says he/she is AND That EVERY employee is eligible to work in the United States 4

5 When Must the Form I-9 Be Completed? Section 1 is to be completed by the employee at the time employment begins (Day 1) Section 2 must be completed by the employer by the 3 rd day of employment (Thursday Rule) Section 3 must be completed before an employee s employment authorization document (EAD) expires or at the time an update becomes necessary There is no consensus as to whether it the expiration date entered when the employee marks attestation box 4 ( alien authorized to work ) governs or the actual document Whichever expiration is earlier 5

6 Basic Rules Employees should always be given the choice of what documentation to present You cannot ask to see specific immigration documentation Do not over-document: One List A document OR One List B document AND One List C document Must be completed after the employee is hired No prescreening 6

7 The Form I-9 7

8 Overview: Completing the Form I-9 Recommendations & Requirements First: The employee will complete and sign section 1 of the Form I-9 on or before his date of hire Second: You will enter the information from the documents presented in Section 2 and complete the employer certification fields (on or within 3 days after the employee begins work) Third: You will make copies of the front & back of the employee s documents (depending on your company s policy) Fourth: Place the I-9 and supporting documents in the appropriate binder for storage 8

9 General Form I-9 Rules I-9 Forms should only be filled out using Blue or Black pen White-out should never be used on a Form I-9 If a mistake is made, it should be crossed out with one line, corrected, and initialed and dated. D. Lurie 6/17/2013 You cannot tell an employee what type of documentation to provide Give employees the List of Acceptable Documents Employees are not required to provide address or phone number in Section 1 Social Security Numbers may be required if your company uses E-Verify! The Spanish version of the Form I-9 cannot be used as a substitute for the English version it is for translation purposes only Never back-date signatures 9

10 Section 1 of the Form I-9 10

11 Section 1 Timing Reminder Employee must complete Section 1 on or before Date of Hire No Pre-Screening Maiden Name is now Other Names Used Social Security Number MANDATORY Insight is a government contractor Address NOT MANDATORY Telephone Number NOT MANDATORY 11

12 Section 1 - Example Note: If the employee doesn t wish to complete a field for the address or phone number, it is a best practice to write N/A into the boxes 12

13 Section 1 Penalty of Perjury Statement in Bold Alien Registration Number/USCIS Number Aliens Authorized to Work: A#/USCIS# OR I-94 Number If using an I-94 Number then: 3-D Barcode issued by CBP, must complete Foreign Passport Number & Country of Issuance issued by USCIS must write N/A in the FPP/COI fields 13

14 Key Term: What is an Alien Registration Number/USCIS Number? A unique 7, 8, or 9-digit number assigned to a noncitizen at the time his or her A-file is created The 9-digit U.S. Citizenship and Immigration Services number listed on the front of Permanent Resident Cards (Form I-551) issued after May 10, 2010, is the same as the Alien Registration Number. The A-number can also be found on the back of these Permanent Resident Cards Remember - No need to see the document 14

15 Example: Alien Number Completion of Section 1 15

16 Preparer/Translator Section Penalty of Perjury Statement in Bold Separated Address Information STOP Signs! Clear delineation 16

17 Section 2 17

18 Section 2 Timing reminders for completion of Section 2 DO NOT FORGET: Employee Name Must be Written on Page 2 18

19 Section 2 List A: Recording additional information, including: More Room for F-1, M-1, and J Visa Employee Information Labeling of Document Functions Visa Information can now be recorded for E-Verify purposes 19

20 List of Acceptable Documents 20

21 Recording Document Information List A OR Lists B AND C Verify Each Document s Document Title Issuing Authority Document Number Expiration Date (if applicable) Ensure you fill out information on the correct line Ensure you name the documents correctly Only accept unexpired documents 21

22 Section 2 Documents Section A Verifies both Identity And Authorization to Work in the United States. OR Section B Verifies Identity AND Section C Verifies authorization to work in the United States *You cannot request that the Employee provide certain documents

23 The Name Game Employees must enter full legal names Pay attention to name discrepancies between the document(s) presented and Section 1 If you are an E-Verify user: Name discrepancies may result in E-Verify Tentative Nonconfirmations (TNCs) - which means more work for you, and more work for the employee If name discrepancies exist, advise the employee they may wish to voluntarily visit SSA/DHS/DMV to update documents 23

24 List A Documents on the I-9 (Establish both Identity & work authorization) U.S. Passport (unexpired) Unexpired foreign passport with I-551 stamp or I-94 card attached indicating unexpired employment authorization Alien Registration Receipt Card with photo (Form I-551) Unexpired Temporary Resident Card (I-688) Unexpired Employment Authorization Card (I-688A) Unexpired Employment Authorization Document (Form I-688B) Unexpired Employment Authorization Document (Form I-766) Expired EAD for Optional Practical Training (OPT), H-1B receipt, endorsed I-20 (H-1B cap gap) Expired EAD with STEM extension receipt, endorsed I-20 (STEM extension) Form I-94/I-94A with unexpired refugee admission stamp Receipt for replacement of lost, stolen, or damaged List A document 24

25 Lawful Permanent Resident Newest Version - Acceptable 25

26 New Lawful Permanent Resident Card Features 26

27 Lawful Permanent Resident Both Acceptable must be unexpired DHS Version INS Version 27

28 Resident Alien and Permanent Resident Cards: The Green Card Salmon cards have no expiration date and are still valid Document Number is Alien number (note: if using E-Verify: AAA is document number) January 1977 Version 28

29 Resident Alien and Permanent Resident Cards: The Green Card Pink resident alien cards containing expiration dates are no longer valid All have expired 29

30 Common List A Example: US Passport Document title Issuing authority Document Number Expiration Date 30

31 Common List A Example: Employment Authorization Document Document title Issuing authority Document Number Expiration Date 31

32 Common List A Example: Foreign Passport & I-94 Stamp Foreign Passport Information I-94 Information Information can come from Stamp, I-94 Card, or I-94 printout Visa Information Not required, but a Best Practice 32

33 List A: Common Error On an EAD or a Permanent Resident Card the Card # should now be used as Document Number rather than the A#. 33

34 List B Documents Verify Identity Spend some time identifying Look at the ID, then look at the person Look at the information written on the ID 34

35 List B Documents on the I-9 (Establish only Identity) Driver s license issued by State or outlying territory of the U.S. Federal/State I.D. card School I.D. card Voter s registration card U.S. Military card/draft record Military Dependent ID Coast Guard Merchant Mariner Card Native American Tribal Document Canadian driver s license Receipt for replacement of lost, stolen or damaged List B document If under 18: School record/report card Clinic, hospital, doctor record Day-care or nursery school record If your company uses E-Verify: all List B documents must contain a photograph! 35

36 List C Documents (Establish employment authorization only) U.S. Social Security card (other than one 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 possession of the United States bearing an official seal Native American Tribal Document U.S. Citizen I.D. Card (Form I-197) I.D. card for use of a Resident Citizen of the United States ( Form I-179) Unexpired employment authorization document issued by the USCIS (other than those listed under List A) Expired permanent resident card and I-797 Notice of Action stating card has been extended for one year I-94/I-94 with asylee approval stamp Receipt for replacement of a lost, stolen or damaged List C document 36

37 List of Acceptable Documents & List C List C: Clear guidance for employers regarding restricted/annotated Social Security Cards 37

38 Common Lists B & C Example: Driver License & SS Card 38

39 Completing Receipt Information Document Name & Receipt Issuing Authority Document Number Expiration Date: 90 days from date of acceptance 39

40 Updating Receipts o o o Place the I-9 in the reverification binder and set a reminder to update the receipt. You must view the actual document before the expiration date of the receipt To update, cross out the word Receipt on the I-9, update the document number and expiration date (if necessary) and initial/date the change 40

41 Reasonable Person Standard If documents appear to be genuine, you must accept them, unless you have knowledge to the contrary If you have actual knowledge that they are not legitimate, you should not accept them YOU ARE NOT A DOCUMENT POLICEMAN, but you must employ the reasonable person standard Does the card look tampered with? Is something spelled wrong on the document? Does the document relate to the person presenting it? 41

42 Employer Certification Completion of Employee s First Day of Employment Need a uniform policy (payroll vs date of hire) 42

43 Review and Sign the I-9 Employee signs Section 1 (page 1) Employer signs Section 2 (page 2) 43

44 Section 3 of the I-9 Section 3 can be used for three purposes: Reverification of employees whose work authorization has expired (e.g., EAD) Name change of an active employee Rehires within 3 years of original date of hire This is based on company policy

45 Section 3 Reminder: only List A or List C documents can be used to reverify employee s work authorization (never List B documents) Employer representative must print his/her name 45

46 Reverification: Documents that Expire Reverification must be completed on or before the date of expiration Several types of documents can expire, including: EAD cards H-1B, L-1, and J-1 Receipts I-551 Stamps Track receipts for replacement documents: must be verified within 90 days 46

47 Reverifications Do Not Reverify: U.S. Passport or Passport Card Permanent Resident Card (Form I-551) List B documents Permanent Resident Reverification Exceptions: Reverify only if employee presents a Form I-94 with a temporary I-551 stamp, or A foreign passport with a temporary I-551 stamp (or a machine readable immigrant visa (MRIV)) Reverify: When employment authorization document (List A or C) has an expiration date (common example: EAD)

48 Section 3 of the I-9 Only Use Current version of the Form I-9 Monitor for Section 3 updates when an employee checks the attestation box in Section 1 that says: An Alien authorized to work until Section 3 will need to be completed on or before the expiration date listed in Section 1 attestation box You must obtain proof of the employee s continuing ability to work in the U.S. Only verify work eligibility information 48

49 Section 3 of the I-9 Document Title Document Number Expiration Date 49

50 Retention I-9 must be retained for all active employees I-9 must be kept for separated employees for: Three years from the date of hire or One year after the termination of the employee s employment WHICHEVER IS LATER! DOH: 01/01/2009 TERM DATE: 03/01/09 DISCARD DATE: 01/01/12 DOH: 01/01/2008 TERM DATE: 07/01/10 DISCARD DATE: 07/01/11 50

51 Questions? 51