Presentation on theme: "Employment Eligibility Verification I-9 Form"— Presentation transcript:
1 Employment Eligibility Verification I-9 Form PURPOSEAll U.S. employers must verify employment eligibility*Identity of all employees hired to work after November 6, 1986Implement law by completing Employment Eligibility Verification (I-9 Form) for all employees, including U.S. citizens* Source information - Immigration Reform and Control Act
2 Employment Eligibility Verification Frequently Asked Questions Do citizens and nationals of the U. S. need to prove to their employers that they are eligible to work? YesCitizens and nationals of the U.S. are automatically eligible for employmentStill must present proof of employment eligibility and identityMust complete I-9 Form (Employment Eligibility Verification)Is completion of the I-9 Form required for everyone who applies for a job at Miami Dade College? NoComplete I-9 Form only for people you actually hire
3 Employment Eligibility Verification Frequently Asked Questions When must the I-9 Form be completed?Within three (3) business days of the start of employmentCan an employee be terminated if he/she fails to produce the required document(s) within three (3) business days of the date employment begins? YesIf he/she fails to produce the required document(s) or a receipt for a replacement document(s) in the case of lost, stolen or destroyed documents
4 Who Must Complete an I-9 Form? Every U.S. employer must have an I-9 Form on file for each new employeeExceptions:Employees hired before November 6, 1986, and continuously employed by the same employerWorkers provided to employers by individuals or entities providing contract servicesIf there is a break in service (e.g. retiree), an I-9 Form is required upon rehireEmployers may reverify information of an employee rehired within 3 years of the date of the initial execution of the I-9 Form, as an alternative to completing a new I-9 Form
5 Employee’s Responsibility Regarding I-9 Form New employee must complete Section 1 (Employee Information and Verification) of the I-9 Form no later than close of business on his/her first day of paid workThey must attest to their status by checking the applicable box:Citizen/national of the United StatesLawful permanent resident with a “green card”Alien authorized to work in the United States until a specified dateNote – Certain aliens, such as asylees and refugees, are work authorized incident to their status and may not have an expiration date to fill-in for the bottom box of the attestation block in Section 1
6 Employee’s Responsibility Regarding I-9 Form Employee’s signature holds him/her responsible for the accuracy of the information providedHe/she must provide proof of employment eligibility documentationEmployee is entitled to submit a document or combination of documents of his/her choiceIf refuse to provide signature or attestation, do not proceed nor employ individual
7 Responsibility of Translator or Preparer I-9 Form is available in English onlyEmployee may have assistanceTranslator/preparer must also sign, date and provide requested information (Section 1)
8 Acceptable Documents OR AND LIST A Documents that Establish Both Identity and Employment EligibilityU.S. Passport (unexpired or expired)Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorizationPermanent Resident Card or Alien Registration Receipt Card with photograph (INS form I- 551)Unexpired Temporary Card (INS Form I-688)Unexpired Employment Authorization Card (INS Form I--688A)Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form 1-688B) or Employment Authorization Document (INS Form I-766)ORANDLIST BDocuments that Establish IdentityDriver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color and addressNative American tribal documentDriver's license issued by a Canadian government authorityLIST CDocuments that EstablishEmployment EligibilityU.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for employment)Native American tribal documentUnexpired employment authorization document issued by the INS (other then those listed under List A)
9 Employer’s Responsibility Regarding I-9 Form Employer ensures completion of the entire formMust be completed no later than close of business on the employee’s third day of employment upon date of hireEmployer is responsible for ensuring that the employee completes Section 1 in fullEmployer must complete Section 2 (Employer Review and Verification)
10 Original Documents Only Employer must personally review original document(s) that demonstrate an employee’s identity and eligibility to work in the United StatesPhotocopies, or numbers representing original documents, are not acceptableException: a certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the U.S. bearing an official seal is acceptableAll identifying information, including the document title, the issuing authority, the document number, and/or the expiration date (if applicable) must be provided in full
11 Questions About Genuineness of Documents Employers are not required to be document expertsEmployers are held to a reasonableness standard when reviewing documents presentedEmployers are not permitted to request more or different documents than are required or to refuse to honor documents tendered that on their face reasonably appear to be the genuine and to relate to the individual presenting the documentOnly original documents must be presented for reviewSingle exception - certified photocopy of a birth certificate
12 Receipt RuleReceipts may be used in lieu of original documents in the I-9 process if:An individual’s document has been lost, stolen or damaged, then he/she can present a receipt for the application for a replacement documentThe replacement document needs to be presented to the employer within 90 days of hire or, in the case of reverification, the date employment authorization expiresThe Form I-94 with a refugee admission stamp is acceptable as a receipt for 90 days, within which time the employee must present an unrestricted Social Security card together with a List B identity document
13 Copying of Documentation Employer may copy a document (front and back) presented by an individual solely for the purpose of complying with the I-9 verification requirementsAll copies must be retained with the I-9 FormCopying of any such document does not relieve the employer from the requirement to fully complete Section 2
14 Restricted SSA and Other Cards SSA “Valid only with INS (or DHS) Authorization” card – issued to aliens who present proof of temporary work authorization; these cards do not satisfy the I-9 Form requirementsInternal Revenue Service (IRS) Individual Taxpayer Identification Numbers (ITINs) – issued to aliens dealing with tax issues. An Individual Taxpayer Identification Number card is NOT employment eligibility verification
15 Where Reverification is NOT Required Permanent Residence Cards (also known as Alien Registration Receipt cards, Form I-551, Resident Alien Cards, Permanent Resident Cards, or “Green Cards”) are issued to lawful permanent residents and conditional resident and should not be reverified when the cards expire
16 DiscriminationThe law protects certain individuals from unfair immigration-related employment practices of a U.S. employer, including refusal to employ based on a future expiration date of a current employment authorization document
17 Missing I-9 FormsAn employer who discovers that an I-9 Form is not on file for a given employee must request the employee to complete Section 1 of an I-9 Form immediately and submit documentation as requiredThe new form should be dated when completed – never post-datedWhen an employee does not provide acceptable documentation, the employer must terminate employment or risk being subject to penalties for “knowingly” continuing to employ an unauthorized worker if the individual is not in fact authorized to work
18 Discovering an Unauthorized Employee An employer who discovers that an employee has been working without authorization should reverify work authorization by allowing such an employee another opportunity to present acceptable documentation and complete a new I-9 FormIf employers know or should have known that an employee is unauthorized to work in the U.S., they may be subject to serious penalties for “knowingly continuing to employ” an unauthorized worker
19 Completing the Form – Section 1 This information must be completed by the Employee
20 Completing the Form – Section 2 This information must be completed by the Employer
21 Completing the Form – Section 3 This information must be completed by the Employer
22 Sample Document from List A United States Passport (unexpired or expired)Issued by the Department of State to U.S. citizens and nationals.
23 Sample Document from List A Unexpired Foreign Passport with I-551 Stamp or attached INS Form I-94 indicating unexpired employment authorization
24 Sample Document from List A Alien Registration Receipt Card (Resident Alien Card) I-551Issued by INS after March 1977, to lawful permanent resident aliens. Although this card is no longer issued, it is valid indefinitely. This card is commonly referred to as a “green card” and is the replacement for the Form I This version is white with a blue logo.
25 Sample Document from List A Employment Authorization Card I-688AIssued by INS to applicants for temporary resident status after their interview for Legalization or Special Agricultural Worker status. It is valid until the expiration date stated on the face of the card or on the sticker(s) place on the back of the card.
26 Sample Document from List A Employment Authorization Card I-766 or previous Form I-688BThe new I-766 card is being phased in. Issued to aliens authorized to work temporarily in the U.S. Some work-authorized aliens will continue to receive the I-688B card. Both cards will remain in circulation. The I-688B will continue to be issued and remain valid until the expiration date on the individual card.
27 Sample Document from List A I-94 Arrival/Departure RecordArrival-departure record issued by INS to nonimmigrant aliens. An individual in possession of the departure portion of this document may only be employed if the document bears an “employment authorization” stamp or employment incident to the nonimmigrant classification is authorized with a specific employer.
28 I-20 ID Card Accompanied by a Form I-94 The Form I-94 for F-1 nonimmigrant students must be accompanied by an I-20 Student ID endorsed with employment authorization by the Designated School Official for off-campus employment or curriculum practical training. INS will issue Form I-688B to all students authorized for a post-completion practical training period.
29 Sample Document from List B Sample Driver’s LicenseA driver’s license issued by any state or outlying possession of the U.S. (including the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Mariana Island, and American Samoa) or by a Canadian government authority is acceptable is it contains a photograph or other identifying information such as name, date of birth, sex, height, color of eyes and address.
30 Sample Document from List C Social Security CardThere are many versions of this card.(other than one stating “NOT VALID FOR EMPLOYMENT,” metal or plastic reproductions, or certain laminated cards.)