1. Form I-9 Employment Eligibility Verification
March 2014
Form I-9 Employment Eligibility Verification
The I-9 Form has recently been revised. We thought his would be a good opportunity to revisit I-9 compliance and to talk about the new form.
The Employment Eligibility Verification (EEV) Program

2. Agenda
Background
Completing Form I-9
Resources

3. Background
In 1986, Congress passed the Immigration Reform and Control Act (IRCA). IRCA forbids 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
IRCA establishes 4 categories of individuals who may legally work in the US (for Form I-9 purposes, “United States” includes: the 50 continental states, DC, Guam, Virgin Islands, Puerto Rico, and the commonwealth of the Northern Marianna Islands (CNMI)). The 4 categories are:
1) Citizens of US (born, naturalized or derived)
2) Noncitizen nationals of US – typically born in American Samoa including Swains Island (owe allegiance to the US but do not have certain rts – voting)
3) Lawful Permanent Residents
4) Aliens (or noncitizens) authorized to work – (those on a student visa)

5. Employment Verification
To comply with the employment eligibility verification provisions of the INA an employer must:
Verify the identity and 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
We wouldn’t want to jeopardize our federal funding (including Financial Aid)
Form I-9, Employment Eligibility Form
November 2015

7. Third or Subsequent Offense
Penalties
Civil Violations
First Offense
Second Offense
Third or Subsequent Offense
Minimum
Maximum
Failing to comply with Form I-9 employment verification requirements
$216 for each form
$2,156 for each form
Committing document abuse
$178 per violation
$1,782 per violation
Some of the example on when we would face penalties are
Not timely or correctly completing the form
Requesting more documents than needed
Form I-9, Employment Eligibility Form
November 2015

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
The anti-discrimination provisions of the INA prohibit 4 types of unlawful conduct:
Citizenship or immigration status discrimination*
Ask to see employment authorization documents before an individual accepts a job offer
Refuse to accept a document, or refuse to hire an individual, because a document will expire in the future
Refuse to accept a receipt that is acceptable for Form I-9 purposes
Demand a specific document when reverifying that an employee is authorized to work
National origin discrimination*
Document abuse during Form I-9 process – requesting more documents than necessary…
Retaliation

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
Those exceptions are:
Independent contractors for whom you do not set work hours, or provide tools to do the job. Federal law prohibits individuals or businesses from contracting with an independent contractor knowing that the independent contractor is not authorized to work in the US
Employees working outside the United States.

10. Form I-9 (rev 11/14/2016) Smart Form (Recommended) Paper Form
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
Functionality to identify some potential errors.
The new Form I-9 may look like 3 pages long on the computer but when you print the form out, it is two pages long.
Revision date can be found in the lower left hand section.
Dispose of any old forms
Form I-9, Employment Eligibility Form
November 2015

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.
Can be completed at different workstations
Example – HR Service Center computers
I-9 is not actually an electronic form.
Form I-9, Employment Eligibility Form
November 2015

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
List of Acceptable Documents can be found on the last page of the I-9 form.
The employee must be physically present with the person (document examiner) certifying the form.
Examine one selection from List A or a combination of one selection from List B and one selection from List C. If an employee presents a List A document, do not ask or require the employee to present List B or List C documents. If an employee presents List B and List C documents, do not ask or require the employee to present a List A document.

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.
Monday
First Day of Work
Employee completes Section 1
Tuesday
Wednesday
Thursday
Form I-9 Due
Employer completes Section 2
Within three business days of the date employment begins, the employee must present to you an original document or documents that show their identity and employment authorization.
For can be sent to the new employee via a direct link or the PDF of the form.

14. Section 1: Employee Information
To be completed by EMPLOYEE.
Employer MUST verify Section 1 is COMPLETE.
Employer Responsibilities for Section 1
YOU MUST: Review the information your employee provided in Section 1.
1. Ensure that your employee provided information in all required fields.
2. Ensure your employee signed and dated the form.
3. Ensure the Preparer/Translator section has been completed, signed, and dated if your employee used a preparer/translator.

15. Section 1: Employee Attestation
The EMPLOYEE MUST select 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.
The section of the form is easy to miss as it is below the signature line.
One of the more common errors for it to be left blank.

17. Smart Form
Click to Finish – when clicked, the form will check to make sure each field is completed.
Click to finish is available for both Section 1 and Section 2
Missing or incomplete fields
Form I-9, Employment Eligibility Form
November 2015

18. Smart Form
Areas highlighted in red are either incomplete or incorrect. You must complete or correct these areas.
N/As are required
Form I-9, Employment Eligibility Form
November 2015

19. Smart Form – Instructions
If you need help, click on the question mark in the highlighted area for instruction.
A benefit to the smart for is the instructions are built in ….
Form I-9, Employment Eligibility Form
November 2015

20. Section 2: Employer Certification of Document Review
Completing Section 2
Completed by EMPLOYER.
MUST be completed no later than 3 business days after the employee begins work for pay.
EMPLOYER MUST examine original documents.
Documents MUST be UNEXPIRED.
If the employer and employee complete the form in the same sitting, the name entered in Section 1 and the number of the box next to the citizenship or immigration status the employee selected are automatically populated in the fields at the top of Section 2. The citizenship/immigration status activates the document entry dropdown selections.
For example, the employee checks box 1 in Section 1, and presents a U.S. passport. This automatically activates the dropdown in Section 2 to allow selection of documents related to U.S. citizens. When the employer clicks “Document Title” under List A, they can then select the U.S. passport from the drop-down menu.
If the employer and employee do not complete the form together, the employer can manually input the information – please note that Citizenship Immigration Status must be a number.
P,O. Boxes are not acceptable on the Employer Address field. Please provide your street address.

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 MUST be 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.
In the case where a receipt is provided in place of an actual document:
Receipts may be used as temporary proof of employment eligibility when a List A, B or C document has been lost, stolen or damaged (they must have had it in their possession at one time) and the employee has applied to REPLACE that document.
The receipt must be issued by the originating agency.
The employee must present a replacement document within 90 days of the hire date.
Employment Services sends out periodic reminders.

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.
Do not make copies of any additional documents as it would be considered over documentation.

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.
Section 3 of the Form I-9 is to be used for Reverification when an employee’s temporary employment authorization is expiring.

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.
Correcting Mistakes
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.
Section 2 Examples – P.O. Box
Section 1 Examples – Current date in DOB field or DOB in date signed field

27. Missing Form I-9 Employment Service Notifications
Employment Services send out periodic reminders to Dean/VP/CC President.
Missing Forms
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.
It’s a good idea to conduct internal audits. If you discover 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. And
DO NOT backdate the Form I-9 (ie signature date). However, the hire date will still be the actual hire date. You can also attach a memo. This will “document” your actions for proof of compliance. It also shows good faith

28. Storage and Retention- Central HR
HR stores and retains all I-9 forms.
Departments should not make copies of the form for their department files as it is considered over documentation.

29. Form I-9 Resources Human Resources – Employment Services
Hadley Hall Room 17
I-9 Central
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)
First stop would be to contact Employment Services
The I-9 central is a good resource and has a handbook for employers that walks you through the I-9 process. .

30. April 27, 2018
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:
The Employment Eligibility Verification (EEV) Program

31. July 2013
Questions?