Form I-9 Training Human Resources
Table of Contents • What is Form I-9 • Three Sections of the Form I-9 • Section 1 • Section 2 • Section 3 • Acceptable Documents • Commonly Used Document Examples • Penalties
What is Form I-9? • Employment Eligibility Verification • Must be completed by all employees (in the U.S.) hired after November 6, 1986. • Department of Homeland Security (DHS), Department of Labor (DOL), and Immigration and Customs Enforcement (ICE) conduct audits of U.S. employers to enforce this program.
Three Sections of the Form I-9 Section 2: To be completed by employer within three business days of employee’s first day of employment. 2 1 3 Section 3:Reverification and Rehires (Completed by HR when needed). Section 1: To be completed by employee no later than the first day of employment, but not before accepting a job offer. Note: Preparer/Translator Certification only to be filled out if employee needed Section 1 translated or prepared for them.
Section 1 • Must be completed on or before first day of employment. • Last name, First Name, Middle Initial, and Other Names (if any) • Address – current dwelling place • E-mail Address & Telephone Number are helpful, but optional • If employee has no Middle Initial, Other Name, Apt Number, E-mail Address, or Telephone Number, he/she must write N/A • Dates must be MM/DD/YYYY • SSN is required for E-Verify users • Preparer/Translator Section should only be completed if employee needs Section 1 translated or completed for them (employee must still sign Section 1)
Section 2 • Must be completed and sent to HR by noon of the third business day after first day of employment (or before). • Employer must write name as it appears in Section 1. • Employer records information from provided documents (one List A document OR a combination of List B & List C). Take copies and include with Form I-9. • List B document must contain a photograph. • If no expiration date or document number, write N/A. • All dates must be MM/DD/YYYY. • Do not overdocument (accept more documents than necessary). • Do not dictate which documents employee can provide. • Must provide employee’s first day of employment. • Fill in Employer information.
Section 3 • Only complete if instructed to by HR!
Acceptable Documents • DO NOT tell employee which documents they must present. • DO NOT accept more documents than necessary. • Documents must be unexpired and original. • One List A OR a combination of one List B and one List C. • Some List A options are “combinations” (#3 & #5). • Because we use E-Verify, List B must contain a photograph. • Note clarification on “restricted” SS card. • Receipts are only accepted for replacements of lost, stolen, or damaged documents and must be replaced by original document within 90 days. 1 2 3 4 5 6
Penalties • Random audits are performed by Department of Homeland Security (DHS), Department of Labor (DOL), or Immigration and Customs Enforcement (ICE). • Failing to comply with Form I-9 requirements: $110-$1100 for each violation. (Based on size of employer and frequency of offences.) • Hiring or continuing to employ unauthorized aliens: $375-$16,000 depending on number of offenses. • Utah State is in jeopardy of losing federal contracts if out of compliance with Department of Homeland Security regulations.
Document Examples – US Passport/Card Note: There are several different versions of the U.S. passport that are currently valid and vary from the version illustrated at left.
Document Examples – Permanent Resident Card (Form I-551) Document Expiration Date Alien #/USCIS # - 9 digits Document # - 3 Letters, 10 digits Note: Some older versions of PR card will appear different and do not contain an expiration date (may say “Resident Alien”). These are still valid.
Document Examples –Unexpired Foreign Passport with Temporary I-551 Stamp Option 1 Visa Number Upon endorsement serves as temporary I-551 evidencing residence for 1 year Option 2
Document Example –Employment Authorization Document Alien #/USCIS # - 9 digits Document Expiration Date Document # - 3 Letters, 10 digits
Document Example –Foreign Passport, I-94, & Endorsement Type of VISA and expiration date (we typically see D/S = Duration of Status) Or Admission Number I-94 # - 11 digits Slide 1 of 2(see next slide) GO
Document Example –Foreign Passport, I-94, & Endorsement Form DS-2019 for J-1 VISA holders (exchange visitors) Form I-20 for F-1 VISA holders (students) Issuing Authority SEVIS/ Document Number Expiration Date Form Type (I-20 or DS-2019) Slide 2 of 2
Document Example -Passport from Federated States of Micronesia or Republic of the Marshall Islands accompanied with I-94
Document Example - Social Security CardUnrestricedvs Restricted Unacceptable for List C document – Restricted Acceptable for List C document – Unrestricted Issuing Authority (watermark) Note: The SSA has undergone several name changes over the years. Do not assume that all SS cards are issued by the Social Security Administration. Pay attention to the seal/watermark.