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I-9 TRAINING PROGRAM Note from Tracker Corp: These slides are also available within the Tracker I-9 software. You are welcome to use this document within your company without any copyright concerns. Please do not distribute it outside your company without first requesting our permission. Copyright © 2009 Tracker Corp VERSION
Copyright © 2009 Tracker Corp Table of Contents What is Form I-9 and When Is It Needed? Employers Role in Completing Form I-9 Acceptable Documents for Form I-9 (Section 2) Compliance and Penalties for Errors 2
Copyright © 2009 Tracker Corp What is the Form I-9? Its the form used to verify an employees authorization to work in the U.S., required by law since 1986 for all employees providing services in the U.S. The Dept. of Homeland Security (DHS), Dept. of Labor (DOL) or Immigration and Customs Enforcement (ICE) conduct audits of U.S. employers to enforce this program. 3
Copyright © 2009 Tracker Corp Three Sections of the Form I-9 Section 1: Employee Information and Verification Section 2: Employer Review and Verification Section 3: Updating and Reverification
Copyright © 2009 Tracker Corp Who Completes the I-9 and When? Section 1: Section 1 on Day 1, when employment begins Employee Information and Verification Employee must complete or before. Employee must provide original identity and work authorization documents (for Section 2) within three business days of starting work. Because of E-Verify the USU HR office must have the completed I-9 form by the morning of the 3 rd business day. Section 2: Employer Review and Verification Employer must complete within three business days of the employee starting work (or by the 1 st day of employment if the individual will work for three or fewer days). Because of E-Verify the USU HR office must have the completed I-9 form by the morning of the 3 rd business day. Section 3: Updating and Reverification done by HR- Most Common Reason: Employee is a foreign national whose work permission has an expiration; employer must reverify before permission expires. 5
Copyright © 2009 Tracker Corp Employers Role: Section 1 Blank Form I-9 may be reproduced provided both sides (Form and List of Acceptable Documents) are copied. Ensure that the employee signs and dates the Form I-9. If not, employer assumes liability for false statements in Section 1. If employer types or translates Section 1 for employee, employer must sign Preparer/Translator section. 6 Note: It is the employers responsibility to ensure Section 1 is complete and accurate to the best of your knowledge.
Copyright © 2009 Tracker Corp Employers Role: Section 2 Establish the employees identity and verify work authorization. Review the documentation presented by the employee and record the document title, issuing authority, document number and expiration date. *Do NOT over document. 7
Copyright © 2009 Tracker Corp Employers Role: Section 2 Continued Acceptable documents for I-9 purposes are broken down into different lists, according to what they help the employer establish: List A documents establish both identity and work authorization List B documents establish only identity List C documents establish only work authorization Note: Always allow the employee to choose which documents to present. Telling them which documents to present for Section 2 or using more documents than required (over documentation) is considered Document Abuse and will result in a fine. 8
Copyright © 2009 Tracker Corp Acceptable Documents for Form I-9 Dont ask for more documents than you need: One from List A - OR - One from List B (containing photo) + One from List C List A OR B AND C Current Version: 08/07/09 9 Examples: SS Card
Copyright © 2009 Tracker Corp List A Documents Establish Both Identity & Work Authorization U.S. Passport or U.S. Passport Card Permanent Resident Card or Alien Registration Receipt Card (Form I-551) Foreign passport with a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa Employment Authorization Document with a photograph (Form I-766 only.) Foreign passport with an unexpired Arrival-Departure Record, Form I-94 or Form I-94A, bearing the same name as the passport and containing an endorsement of the aliens nonimmigrant status, if that status authorizes the alien to work for the employer Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI * As of April 3, 2009, employers can no longer accept any expired documents 10 Example
Copyright © 2009 Tracker Corp List B Documents Establish Identity Drivers license or ID card issued by a state or outlying possession of the U.S. provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address School ID card with a photograph Voters registration card U.S. Military card or draft record Military dependents ID card U.S. Coast Guard Merchant Mariner Card Native American tribal document Drivers license issued by a Canadian government authority For persons under age 18 who are unable to present a document listed above: School record or report card Clinic, doctor or hospital record Day-care or nursery school record * As of April 3, 2009, all identity documents must be unexpired 11
Copyright © 2009 Tracker Corp List C Documents Establish Work Authorization U.S. Social Security Card (referred to as Social Security Account Number Card), other than one that specifies on the face of the document that it does not authorize employment in the United States. Certification of Birth Abroad issued by the Department of State (Form FS-545) Certification of Report of Birth issued by the Department of State (Form DS- 1350) Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the U.S. bearing an official seal Native American tribal document U.S. Citizen ID Card (Form I-197) ID card for use of Resident Citizen in the U.S. (Form I-179) Employment Authorization Document issued by DHS (other than those listed under List A) 12 Example
Copyright © 2009 Tracker Corp Section 1 Common Errors Employee Information and Verification Employee did not: 1. Sign the document 2. Enter the date signed (not DOB) 3. Attest by choosing of the four boxes and provide applicable number and expiration date (if required) 4. Enter date of birth and Social Security Number* (if available)
Copyright © 2009 Tracker Corp The last two of the four boxes: Section 1 Common Errors (continued) Alien # (A#): ________________This is the number on the Permanent Resident Card or Employment Authorization Document Card (EAD). 2. Admission # : This is the number on the I Alien authorized to work (Alien # from EAD or Admission # from I-94 card) until ____/____/_____ expiration date of work authorization. Make sure the employee signs and dates the Form I-9. If not signed, employer assumes liability for false statements in Section 1.
Copyright © 2009 Tracker Corp Section 2 Common Errors Employer Review and Verification California Drivers License State of California C /22/08 Goofball Systems, Inc Snooze Lane, Menlo Park, CA Elmer Fuzz Electrical Engineer List A OR Lists B and C not completed (or completed incorrectly – unacceptable documents or over documentation) 15 2.Employer did not sign 3.Employer did not enter the employees start date 4.Employer did not enter the date the form was completed
Copyright © 2009 Tracker Corp Section 2 Common Errors (continued) California Drivers License State of California A /22/10 Social Security card Social Security Admin The information in Section 2 was entered in the wrong columns. It should be either: One document from List A OR One document each from List B AND List C. Most common errors: Documents provided by the employee are not original and/or unexpired Missing or incomplete employer information Form I-9 was not completed within three days of hire 16
Copyright © 2009 Tracker Corp Penalties for Violations Technical Errors (information recorded incorrectly or missing but available) – 10 days to correct before fined Substantive Errors - $700-$900 per error depending on error and number of offenses Penalties for record keeping violations range from up to $1,100 each for the first offense to $3,200 each person for a pattern or practice of violations. There could be criminal fines and imprisonment for knowingly hiring unauthorized workers. Utah State University is in jeopardy of losing federal contracts if out of compliance with Department of Homeland Security regulations. Random audits are being performed by Department of Homeland Security (DHS), Department of Labor (DOL) or Immigration and Customs Enforcement (ICE). 17
Copyright © 2009 Tracker Corp Understanding E-Verify E-Verify is the federal governments Internet-based system for US employers to verify the employment eligibility of new hires against DHS and SSA databases. Employers (HR) electronically submit the same information entered on the I-9 Form. The E-Verify system sends online confirmation or non- confirmation information to employers in response to queries submitted electronically. 18 End of Presentation
Copyright © 2009 Tracker Corp U.S. Passport and U.S. Passport Card A U.S. Passport is a document issued by the State Department to persons who have established citizenship in the U.S. by birth, naturalization or derivation. Passports are very reliable documents that may be used within the U.S. to establish citizenship, identity and work authorization. NOTE: There are several different versions of the U.S. passport that are currently valid and vary from the version illustrated at left. 19 A U.S. Passport Card is a is a wallet-size card similar to the U.S. Passport, except that it can only be used for land and sea travel between the U.S. and Canada, Mexico, the Caribbean and Bermuda. The U.S. Department of State began producing the passport card in July Back to List
Copyright © 2009 Tracker Corp Permanent Resident Card The Permanent Resident Card, Form I-551, was introduced in January 1977 and phased in over a period of time. In addition to the photograph, the I-551 contains the bearer's signature and finger print. As with the older I-151 cards, this version I-551 generally does not contain an expiration date. 20 Alien # - 9 digits Document Expiration Date Document # - 3 Letters, 10 digits Back to List
Copyright © 2009 Tracker Corp Unexpired Foreign Passport With Temporary I-551 Stamp 21 Visa Number Upon endorsement serves as temporary I-551 evidencing residence for 1 year Note: Not all VISAs serve as temporary I-551 documents. Must have annotation. Back to List
Copyright © 2009 Tracker Corp Employment Authorization Document 22 Alien # - 9 digits Document Expiration Date Document # - 3 Letters, 10 digits Back to List
Copyright © 2009 Tracker Corp Unexpired Foreign Passport, Form I-94, and Work Authorization (cont. on next slide) 23 Or Admission Number Type of VISA and expiration date (we typically see D/S = Duration of Status) I-94 # - 11 digits Next Slide
Copyright © 2009 Tracker Corp 24 Unexpired Foreign Passport, Form I-94, and Work Authorization (cont. from prev. slide) Form Type (I-20 or DS-2019) Expiration Date SEVIS/ Document Number Issuing Authority Form I-20 for F-1 VISA holders (students) Form DS-2019 for J-1 VISA holders (non-students) Note: This information can be listed in List C area Back to List
Copyright © 2009 Tracker Corp Passport from the Federated States of Micronesia or the Republic of Marshall Islands 25 Back to List
Copyright © 2009 Tracker Corp Social Security Card 26 Acceptable for List C document – Unrestricted Unacceptable for List C document – Restricted Issuing Authority (watermark) Back to List
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