Presentation on theme: "Form I-9. What is the Purpose of this form? Employers must complete Form I-9 to document verification of the identity and employment authorization of."— Presentation transcript:
What is the Purpose of this form? Employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986, to work in the United States. Form I-9 is made up of three sections. Employers may be fined if the form is not complete.
Form I-9 has changed It is now 2 pages address and telephone number are both listed on the form but are optional Additional information is required for aliens authorized to work The new form is formatted differently, with a clear employee signature area A space for a 3-D barcode has been added to both pages
Form I-9 Basics Form I-9 with instructions and List of Acceptable Documents must be provided to the employee Section 1 must be completed by the employee no later than the end of his/her first day of work Section 2 must be completed by the employer within three (3) business days of the employees first day of work Employee begins work on Monday, employer must complete Section 2 by Thursday
Completing Section 1 Only the employee may complete Section 1 of Form I-9. The employer is responsible for reviewing and ensuring that Section 1 is completed correctly. If the employee cannot complete Section 1 without assistance or if he/she needs Form I-9 translated, someone may assist him/her Please refer to page 3 of the M-274 for instructions
Completing Section 2 Employer must allow the employee to select which original documentation he/she will provide to demonstrate that he/she is authorized to work in the U.S. One document from List A or a document from List B and one from List C Employers cannot specify which document(s) employees may present from the Lists of Acceptable Documents.
Section 2 Contd Employers or authorized representative must: Physically examine each original document(s), the person who examines the document(s) must be the same person who signs Section 2 Record document title shown on the Lists of Acceptable Documents, issuing authority, document number and expiration date (if any) Under Certification, enter the employees first day of employment Provide the name and title of the person completing Section 2 in the Signature of Employer or Authorized Representative field Sign and date the attestation on the date Section 2 is completed
Abbreviations for Document Title List B Drivers License NMDL ID Card NMID Student ID SJC Student ID List A Try to spell out the exact title List C Social Security Card SSC Certification of Birth Abroad Birth Certificate Abroad Birth Certificate
Abbreviations for Issuing Authority List B Drivers License MVD/DMV/State of _ _ ID Card State of _ _ Student ID Name of School List A US Passport/US Passport Card US Dept. of State Permanent Resident Card Green Card USCIS Resident Alien Card US Dept. of Justice Employment Authorization Document (EAD) USCIS List C Social Security Card SSA or Dept. of HHS Certification of Birth Abroad US Dept. of State Certification of Report of Birth US Dept. of State Birth Certificate State of _ _/County/Municipal Authority
To Copy or Not to Copy? As of May 7, 2013 we will start keeping copies of documents (front & back) and retain these copies with the Form I-9
Avoiding Discrimination in the Form I-9 Process You should NOT: Require different documents to be presented by employees because of their citizenship or national origin Request to see employment eligibility verification documents before hire and completion of Form I-9 because someone looks or sounds foreign or because they state that he/she are not a U.S. citizen Refuse to accept a document because it has a future expiration date Over-documentation – requiring more documents than necessary (i.e. completing List A, B, and C document section)
Audits Immigration and Customs Enforcement (ICE) Office of Investigations (OI)(Worksite Enforcement (WSE) Unit) Special Agents, Forensic Auditors and/or Criminal Research Specialists Office of Chief Counsel (OCC) Office of the Chief Administrative Hearing Officer (OCAHO) U.S. Attorney (criminal prosecution)
Types of Form I-9 Violations Paperwork violations – monetary penalty Technical/Procedural Substantive Knowing violations – more serious Constructive and Actual Knowledge Knowing hire Continuing to employ Discrimination Violations Citizenship or Immigration Status Discrimination National Origin Unfair Documentary Practices during Form I-9 process Retaliation
Penalties Fines may be increased or decreased by up to 25% depending on mitigating or aggravating factors Business Size Good Faith Seriousness Unauthorized Workers History Criminal Prosecution Up to 6 months imprisonment for knowingly hiring or continuing to employ unauthorized worker Up to 5 years imprisonment for making false statements or attestations for purposes of satisfying the employment eligibility verification requirements Attorneys fees for discrimination violations Barred from government contracts
Knowing Hire/Continuing to Employ Fine Schedule % of violations based on total number of I-9s 1 st Tier $375 - $3,200 2 nd Tier $3,200 - $6,500 3 rd Tier $4,300 - $16,000 0% - 9%$375$3,200$4,300 10% - 19%$845$3,750$6,250 20% - 29%$1,315$4,300$8,200 30% - 39%$1,785$4,850$10,150 40% - 49%$2,255$5,400$12,100 50% +$2,725$5,590$14,050
Substantive Violation Fine Schedule % of violations based on total number of I-9s 1 st Offense $110 - $1,100 2 nd Offense $110 - $1,100 3 rd Offense + $110 – $1,100 0% - 9%$110$550$1,100 10% - 19%$275$650$1,100 20% - 29%$440$750$1,100 30% - 39%$605$850$1,100 40% - 49%$770$950$1,100 50% +$935$1,100
In a nut shell Employee completes Section 1 by no later than their first day of employment We cannot have someone complete the Form I-9 unless they have accepted a job offer Employer completes Section 2 by no later than the fourth day from the employees first day of employment Employee must provide documentation from the Lists of Acceptable Documents If the employee cannot provide the necessary documentation by that fourth day, they can no longer work Make a copy (front & back) of the documentation used and staple it to the employees I-9 and send it to HR The person who completes Section 2 must be the same person who completes the Certification
Questions? Please refer to the USCIS link below for additional information or to download the new Form I-9 or the M-274 Handbook for Employers.