Form I-9 Employment Eligibility Verification

1. Form I-9Employment Eligibility Verification www.uscis.gov/I-9Central

2. Agenda • Background • Completing Form I-9 • Resources

3. Background In 1986, Congress passed the Immigration Reform and Control Act (IRCA). IRCAforbids employers from knowingly hiring individuals who do not have work authorization in the United States.

4. Working in the U.S. Individuals who may legally work in the United States are: • Citizens of the United States • Noncitizen nationals of the United States • Lawful Permanent Residents • Aliens authorized to work

5. Employment Verification To comply with the employment eligibility verification provisions of the INA an employer must: • Verify the identityand employment authorization documents of employees hired after November 6, 1986 • Complete and retain a Form I-9 for each employee hired after November 6, 1986 • Refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status

6. EMPLOYERS WHO VIOLATE THE LAW MAY BE SUBJECT TO: • Civil fines • Criminal penalties (when there is a pattern or practice of violations) • Debarment from government contracts • A court order requiring the payment of back pay to the individual discriminated against • A court order requiring the employer to hire the individual discriminated against Form I-9, Employment Eligibility Form

7. Penalties Form I-9, Employment Eligibility Form

8. Preventing Discrimination The anti-discrimination provisions of the Immigration and Nationality Act (INA) prohibit four types of unlawful conduct: • Citizenship or immigration status discrimination* • National origin discrimination* • Document abuse during Form I-9 process • Retaliation * Actual or perceived

9. Form I-9 Requirements/Exceptions All U.S. employers must have a Form I-9 on file for all current employees. • Exception: Employers are not required to have Forms I-9 for employees hired on or before November 6, 1986. You are NOT required to complete Form I-9 for: • Independent contractors for whom you do not set work hours, or provide tools to do the job. • Employees working outside the United States.* * 50 States, District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands

10. Form I-9 (rev 11/14/2016) • Smart Form (Recommended) • Downloads best with Internet Explorer • Those completing it on the computer will see helper text for each field. (Built in instruction) • Drop-down lists are available for several fields (acceptable documents, calendars, states and countries.) • Once completed by both parties, all entries are reviewed for the correct format, including entries in blocks that require an N/A. If errors are found, the form will signal what needs to be fixed. • Paper Form • Can be helpful if you are having difficulties downloading the Smart Form. • 15 pages of instructions Form I-9, Employment Eligibility Form

11. Smart Form – Q & A • Does the employer and employee need to sit together at the same computer? • A: No, you can complete any or all sections using the smart form. Any section of the form can be completed at a different computer. • Can the form be signed electronically? • A: No, the form must be printed and signed by both the employee and employer. Form I-9, Employment Eligibility Form

12. Lists of Acceptable Documents • You must make the Lists of Acceptable Documents available to your EMPLOYEE when he or she is completing the Form I-9 The EMPLOYEE MUST provide: • One document from List A OR • One document from List B AND one document from List C

13. Form I-9 – Section 1 • Your newly hired employee must complete and sign Section 1 of Form I-9 no later than their first day of employment. • Employees can complete the I-9 before their first day of hire, if you have offered the individual a job and if they have accepted the offer.

14. Section 1: Employee Information • To be completed by EMPLOYEE. • Employer MUST verify Section 1 is COMPLETE.

15. Section 1: Employee Attestation • The EMPLOYEE MUSTselect one of the four categories and sign and date Section 1 of Form I-9.

16. Section 1: Preparer/Translator (P/T) Certification This certification is required when Section 1 is prepared by someone other than the employee. • Employees must check the first box if they don’t use a preparer or translator. • If the employee uses a P/T, the P/T must check the second box in this section, then choose from the drop-down menu the number of preparers and translators used.

17. Smart Form • Click to Finish – when clicked, the form will check to make sure each field is completed. Form I-9, Employment Eligibility Form

18. Smart Form • Areas highlighted in red are either incomplete or incorrect. You must complete or correct these areas. Form I-9, Employment Eligibility Form

19. Smart Form – Instructions • If you need help, click on the question mark in the highlighted area for instruction. Form I-9, Employment Eligibility Form

20. Section 2: Employer Certification of Document Review Completing Section 2 • Completed by EMPLOYER. • MUST be completed no later than 3businessdaysafter the employee begins work for pay. • EMPLOYER MUST examine originaldocuments. • Documents MUST be UNEXPIRED.

21. Section 2: Examining Documents Genuineness and Photocopies • You are not required to be a document expert • You MUST accept a document presented by an employee if it reasonably appears to be: • Genuine; AND, • Relates to the individual presenting it • The document MUSTbe original* – photocopies are NOT acceptable *Exception: Certified copy of a birth certificate

22. Section 2: Receipt Rule A receipt showing that your employee has applied to replace a document that was lost, stolen or damaged. • Employee must present a replacement document within 90 days of the hire date. • The receipt must be issued by the originating agency. • Receipts are never acceptable if employment will last less than 3 business days.

23. Section 2: Copying Documents • Copies of the documents the employee provided (one from list A or one from list B and one from list C) is required to be attached to the I-9.

24. Section 3: Rehire/ Reverification • Reverification is completed at the HR Service Center. Please make sure that you don’t complete this portion of the form.

25. Section 3: Rehire/ Reverification cont. • Employment Services sends out reminders to the employees periodically starting at approximately 90 days prior to expiration date. • Employees receive instructions to bring a List A or List C document (or acceptable receipt) showing continued employment authorization on or before the date that their employment authorization or documentation expires. • If no response is received, Dean/VP/CC Pres are notified.

26. Correcting Form I-9 Employers may only correct errors made in Section 2 or Section 3 of Form I-9. If you discover an error in Section 1 of an employee’s Form I-9, you should ask your employee to correct the error. CorrectingMistakes If you discover you made a mistake in section 2 on Form I-9, correct the existing form • If you choose to correct the existing Form I-9, line out the incorrect portions, enter the correct information, and initial and date the correction. OR prepare a new Form I-9: • If you do a new Form I-9, retain the old form. You should also attach a short memo to both the new and old Forms I-9 stating the reason for your action.

27. Missing Form I-9 Employment Service Notifications Employment Services send out periodic reminders to Dean/VP/CC President. MissingForms If you discover you are missing the Form I-9 for an employee: • Immediately provide the employee with a Form I-9. • Allow employee 3 business days to provide acceptable documents. • DO NOT backdate the Form I-9.

28. Storage and Retention- Central HR

29. Form I-9 Resources Human Resources – Employment Services • Hadley Hall Room 17 • 646-8000 • teamhrs@nmsu.edu I-9 Central • www.uscis.gov/I-9Central Additional Training Resources - • Webinars - The webinars are live Internet-based seminars that you can attend without leaving your office. • Form I-9 Webinar On-Demand (Update Coming Soon)

30. Disclaimer Immigration law can be complex and it is not possible to describe every aspect of the process. This presentation provides basic information to help you become generally familiar with rules and procedures. For more information on the law and regulations please see our Web site: www.dhs.gov/E-Verify.

31. Questions?