Unwrapping the I-9 Process and DHS Programs January 24, 2012

LEARNING OBJECTIVES Unwrapping the I-9 Process and DHS Programs

My Learning Objectives Requirements of Form I-9 Goals of Department of Homeland Security Programs of DHS

Your Learning Objectives Please provide your information in the questions panel – Your learning objective – Your familiarity with Form I-9 and DHS programs – Your role within your organization

Kari Rosand Scanlon, PHR Client-focused HR Consultant – Focus on customized HR solutions for small & mid-size organizations – Focus on HR & industry specific best practices – Focus on compliance matters

AGENDA Unwrapping the I-9 Process and DHS Programs

Agenda Part One - DHS Strategic Focus Inspections Programs – E-Verify System – IMAGE Program – Self Check Service SSA Social Security Number Verification Service Part Two – Form I-9 Requirements Documentation Recordkeeping Internal Audits Best Practices

FORM I-9 Unwrapping the I-9 Process and DHS Programs

SECTION ONE Unwrapping the I-9 Process and DHS Programs

Form I-9: Section One

Employee provides: – Full legal name, including maiden name – Current physical address (no PO Boxes) – Date of Birth – Social Security Number (not required) – “Citizenship” status, including applicable number – Signature – Date

Form I-9: Section One Preparer and/or Translator Certification Spanish Version –

Question: When must Section One be completed? A.Contingent with the offer B.After his offer but before his start date C.His start date D.Within 3 business days of his start date

Question: When must Section One be completed? A.Contingent with the offer B.After his offer but before his start date C.His start date D.Within 3 business days of his start date

SECTION TWO Unwrapping the I-9 Process and DHS Programs

Form I-9: Section Two

Employee provides: – Original and unexpired documents from List A or from List B and List C

Form I-9: Section Two Employer responsibilities: – Physically examine documents and confirm documents are acceptable – Record document title, issuing authority, number and expiration date – Record employee’s start date – Provide name and title of employer – Provide business name and address – Signature – Date

Question: When must Section Two be completed? A.Contingent with the offer B.After his offer but before his start date C.His start date D.Within 3 business days of his start date

Question: When must Section Two be completed? A.Contingent with the offer B.After his offer but before his start date C.His start date D.Within 3 business days of his start date

SECTION THREE Unwrapping the I-9 Process and DHS Programs

Form I-9: Section Three

Includes: – Employment authorization (Section One date) or documentation (Section Two date) has expired – Rehire within 3 years of original Form I-9 – Name change (optional) Excludes: – United States citizens – Lawful permanent residents (Form I-551) – List B documents

Form I-9: Section Three Employer responsibilities for expired information: – Physically examine documents and confirm documents are acceptable – Record document title, issuing authority, number and expiration date – Signature – Date

Form I-9: Section Three Employer responsibilities for re-hired employees: – If authorized to work, record new start date – If not authorized to work, follow expired information process and record new start date – Signature – Date

DOCUMENTATION Unwrapping the I-9 Process and DHS Programs

Form I-9: Documentation List A: Identity and Eligibility List B: Identity List C: Eligibility “reasonably appear to be genuine and to relate to the person presenting them”

Form I-9: Documentation List C: Social Security Card – Okay: Laminated card unless marked “Not valid if laminated” – Not Okay: Card marked “Not valid for employment” “Valid for work only with INS authorization” “Valid for work only with DHS authorization”

Receipts Employee has applied to replace a lost, stolen or damaged document Valid for 90 days Employer writes “receipt,” document information, and expiration date Employer crosses out old information, records new information, initials and dates change

Form I-9: Documentation Not reasonable or related Reject Multiple last names Request reason Document Last names spelled differently Request reason Update Form

Form I-9: Documentation Different names Request reason Document Multiple last names Request reason Document No documents Terminate

RECORDKEEPING Unwrapping the I-9 Process and DHS Programs

Form I-9: Recordkeeping Step One Employee accepts job offer Step Two Employee completes Section One no later than start date Step Three Employer completes Section Two no later than third business day after start date

Form I-9: Recordkeeping Copies of documents are optional Maintain Form I-9 separate from employee file

Question: True or False: Form I-9 is valid based on the expiration date published by OMB. A.True B.False

Question: True or False: Form I-9 is valid based on the expiration date published by OMB. A.True B.False Form I-9 is valid based on the revision date. – Rev. 08/07/09 Y – Rev. 02/02/09 N

Form I-9: Recordkeeping An employer must retain the Form I-9 for each employee either for three (3) years after the date of hire or for one (1) year after employment is terminated, whichever is later.

Form I-9: Recordkeeping 1. Date the employee began work for pay1. ______ A. Add three years to the date on line 1. A. ____ 2. The date employment was terminated2. ______ B. Add one year to the date on line 2. B. ___ 3. Which date is later; A or B?3. ______ C. Enter the later date. C. ____

INTERNAL AUDITS Unwrapping the I-9 Process and DHS Programs

Form I-9: Internal Audits Employee corrects Section One Employer corrects Section Two and Section Three

Form I-9: Internal Audits Basic Correction 1.Draw a line through incorrect information 2.Enter correct information 3.Initial correction 4.Date correction 5.Document if applicable 6.Note date of internal audit in business records

Form I-9: Internal Audits Advanced Correction 1.Complete Section Two or Section Three on new Form I-9 2.Attach to original Form I-9

DEPARTMENT OF HOMELAND SECURITY Unwrapping the I-9 Process and DHS Programs

STRATEGIC PLANS Unwrapping the I-9 Process and DHS Programs

DHS Worksite Enforcement Program of the U.S. Immigration and Customs Enforcement (ICE) – Focus is criminal prosecution of employers who knowingly hire illegal workers – FY2008 included 1,100 criminal arrests, including 135 owners, managers, supervisors or HR employees

INSPECTIONS Unwrapping the I-9 Process and DHS Programs

Inspections Inspectors – Department of Homeland Security – Department of Justice – Department of Labor

Inspections Process – At least 3-day notice – In person, inspector selects location – US certified mail, return receipt request Requirements – Provide Forms I-9 and other documents – Provide hardware and software for electronic files – Provide summaries

E-VERIFY Unwrapping the I-9 Process and DHS Programs

E-Verify Employers electronically verify employment status through DHS & SSA online system – Allows employers to verify employees are authorized to work in the United States – Provides extensive resources – Is free of charge

E-Verify Additional Form I-9 Requirements: – Social Security number must be provided – List B documents must contain a photo Status Options: – Employment Authorized – 98.3% FY10 – Tentative Nonconfirmation – 1.7% FY10 – Final Nonconfirmation – 1.43% FY10

SELF CHECK Unwrapping the I-9 Process and DHS Programs

Shelf Check Individuals electronically verify employment status through DHS & SSA online system – Enter ID Data – Take a Quiz – Enter Document Data – Get Results

Shelf Check Arizona California Colorado District of Columbia Idaho Louisiana Maine Maryland Massachusetts Minnesota Mississippi Missouri Nebraska Nevada New Jersey New York Ohio South Carolina Texas Utah Virginia Washington

IMAGE Unwrapping the I-9 Process and DHS Programs

IMAGE ICE Mutual Agreement between Government and Employers forum/forum.asp forum/forum.asp

IMAGE Employers: – Implement 12 hiring “best practices,” E-Verify – Submit to Form I-9 inspection ICE: – Waive fines if less than 50%, mitigate if more – Wait at least 2 years for next inspection – Provide information and training

SOCIAL SECURITY NUMBER VERIFICATION SERVICE Unwrapping the I-9 Process and DHS Programs

Verification Service Verify Social Security numbers match Social Security records for Form W-2 purposes only Telephone Number Employer Verification /TNEV.pdf /TNEV.pdf

SUMMARY Unwrapping the I-9 Process and DHS Programs

My Learning Objectives Requirements of Form I-9 Goals of Department of Homeland Security Programs of DHS

For More Information tem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?v gnextoid=413628ac1dc0c210VgnVCM ca60aRCRD&vgnextchannel=413628ac1dc0 c210VgnVCM ca60aRCRD tem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?v gnextoid=413628ac1dc0c210VgnVCM ca60aRCRD&vgnextchannel=413628ac1dc0 c210VgnVCM ca60aRCRD

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