I-9 Employment Verification REFRESHER Training Presented by Human Resources April 2017

Course Objectives Quick review of the Form I-9 and acceptable documents used for I-9 processing Consider ways to prevent mistakes Review of the severe penalties that can be assessed for incomplete or inaccurate I-9 forms or “document abuse”

Form I-9 Reporting tool for all US employers to use for employment verification Revised form must be used as of Jan. 21, 2017

Form I-9 – New Form New Form I-9 as of November 14, 2016 Form I-9 11/14/16 N (in lower left hand corner) Expires 08/31/2019 (in upper right hand corner) Completing the Form Section One: Employee Information and Attestation Section Two: Employer Review and Verification Section Three: Re-Verification and Re-Hires Mail ALL completed original forms to HR – employees and students…..do not retain copies!

Section One – Employee Information and Attestation It is the Employee’s responsibility to complete Section 1 no later than the close of business on their first day of employment May be completed before the first day of hire but after the job is offered and accepted It is the Employer’s responsibility to make the Lists of Acceptable Documents available to the employee when he or she is completing the form It is the Employer’s responsibility to verify Section 1 is COMPLETE Note: Section 1 includes a Preparer and/or Translator component with two check boxes that requires completion

Info on the Su website… http://www.salisbury.edu/ Form I9 Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. I-9 Form (Paper Version) I-9 Form (Electronic Version) - open with Internet Explorer ** print electronic Form I-9 after completing, sign and forward to Human Resources http://www.salisbury.edu/

Section One – Common Mistakes Employee does not enter complete basic info Other Last Names Used (such as maiden name) If two last names, include both If the last name is hyphenated, include the hyphen Date of Birth N/A must be indicated on each line on Section 1 when appropriate (which is most of the time!) Employee does not complete Section 1 by the first day of employment Employee does not check a box pertaining to Citizenship or….. Employee selects ‘A Lawful Permanent Resident’ but does not enter an Alien Registration Number/USCIS Number Employee selects ‘An Alien Authorized to Work until…’ but does not complete the remainder of the form

Section One – More Common Mistakes Employee does not sign or date the attestation Employee dates the form with their birth date Employee does not check a box in Preparer/Translator portion ************************ Preparer/Translator Mistakes include: Not checking the appropriate box If more than one preparer/translator is used, not completing separate certification areas Not entering complete information Not signing and/or dating the form

How to Avoid Mistakes? REVIEW THE FORM IMMEDIATELY AFTER COMPLETION!!

Section Two – Employer Certification of Document Review It is the Employer’s responsibility to complete Section 2 no later than 3 business days after the employee begins work (the employee’s fourth day of employment) It is the Employer’s responsibility to examine the documents to ensure they are: ORIGINALS UNEXPIRED WHEN REVIEWING THE FORM FOR COMPLETION, INSPECT THE DOCUMENTS!

DOCUMENT REVIEW – what to look for 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 must be an original* - - photocopies are NOT acceptable * Exception: Certified copy of a birth certificate Laminated social security cards are not acceptable if it states ‘not valid if laminated’

The receipt must be issued by the originating agency RECEIPT RULE What if the employee has a “receipt” for a document?? If a document was lost, stolen or damaged and the employee has a receipt showing that they have applied for a replacement, you may accept that receipt in lieu of the document BUT the employee must present the replacement document within 90 days of their hire date The receipt must be issued by the originating agency Notes: 1) receipts are never acceptable if employment lasts less than 3 days 2) keep a recertification log to remind yourself to follow-up

COPYING DOCUMENTS Salisbury University does NOT allow copying of documents. This prevents inadvertently violating anti-discrimination laws……where you must do so for ALL employees, regardless of actual or perceived national origin, immigration or citizenship status.

Section Two – Common Mistakes Employer does not enter the employee’s name and citizenship status in the ‘Employee Info from Section 1’ area at the top of Section 2 Employer does not complete Section 2 by the third business day after the date employment began Employer does not complete the form in its entirety Failure to sign, date, or enter authorized signer name or title on the certification Failure to enter the date employment began (hire date) Failure to enter business name and/or address Failure to enter the complete document info

Section Three – Reverification You MUST reverify an employee (using Section 3) if his or her temporary employment authorization has expired You should not reverify: U.S. Citizens and noncitizen nationals Lawful permanent residents List B documents

Section Three – Rehires You MAY complete Section 3 if you: Rehire the employee within 3 years of the date of the initial Form I-9 Although, USCIS recommends completing a new Form I-9 for rehires Update a legal name change for an employee If you choose to complete Section 3, you must: Confirm the original Form I-9 relates to the employee Makes sure all documents are still valid – update as necessary Then enter the Date of Rehire

GENERAL TIPS ON COMPLETING Form I-9 Be certain the current version of the Form I-9 is used Make sure the information on the form is clear and can be read Confirm the date entered in Section 2 as the first day of employment matches the date in the Human Resources/Payroll file Validate that all applicable sections of the form are completed and signed/dated

CORRECTING Form I-9 If you discover an error in Section 1, you must ask the employee to correct the error Note: Employers may only correct errors made in Sections 2 & 3 If you discover a mistake in Sections 2 or 3, you may: Correct the existing form by… Drawing a line through the incorrect information Entering the correct information Initialing and dating by the correction DO NOT USE WHITE OUT Prepare a new Form I-9

Missing an I-9? If you discover that you are missing the Form I- 9 for an employee…. Immediately provide the employee with a Form I-9 Allow the employee 3 business days to provide acceptable documents DO NOT back date the Form

Employers Must Not…. Discriminate against individuals on the basis of national origin, citizenship, or immigration status Request more or different documents than are on the List of Acceptable Documents or reject reasonably genuine-looking documents Hire or continue to employ individuals who are not authorized to work Fail to complete, retain or make I-9 forms available for inspection Note: Do NOT keep copies of I-9’s in the department. Forward to Human Resources for safekeeping.

Civil Fines and Criminal Penalties for I-9 Violations Hiring or continuing to employ individuals who are not authorized to work First offense: $539-$4,313 per individual Second offense: $4,313-$10,781 per individual Subsequent offenses: $6,469-$21,563 per individual

Civil Fines and Criminal Penalties for I-9 Violations Failure to complete, retain or make I-9 forms available for inspection: $216-$2,156 per violation - - EACH mistake! Civil penalties can be imposed for knowingly using, accepting or creating a fraudulent document (up to 5 years imprisonment)

Civil Fines and Criminal Penalties for I-9 Violations Another potential loss is federal government funding Compliance to the I-9 regulations are essential for the continuation of government funded research for SU

Civil Fines and Criminal Penalties for I-9 Violations If a federal audit occurs and fines are assessed, the department that committed the violations will be responsible for the fines.