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Form I-9 Training for New Managers: Understanding and Completing the Form I-9 Reviewed August 2011
©SHRM 20082 Introduction This training is recommended for all hiring managers or hiring representatives of the HR department who are responsible for assisting new hires with their new-hire paperwork, including Form I-9, which is a requirement of federal law. Note to Presenter: This sample presentation is intended for presentation to hiring managers, hiring representatives and human resource representatives who have limited knowledge of the Form I-9 process.
©SHRM 20083 Agenda Review the purpose of Form I-9. How to complete Form I-9. o Section 1. o Section 2. o Section 3. Frequently asked questions on completing Form I-9.
©SHRM 20084 Purpose of Form I-9 In compliance with the Immigration Reform and Control Act of 1986, all U.S. employers must verify the identity and employment eligibility of all new employees (both citizen and noncitizen) hired after November 6, 1986. This requirement is satisfied by having the new employees complete Form I-9. Form I-9 also is used to reverify work authorization information for rehires and employees who renew their work authorization documentation.
©SHRM 20085 Section 1 Completed by the new employee. Section 2 Completed by the hiring department. Section 3 Used to update and reverify eligibility of employment. Sample Form I-9
©SHRM 20086 Introduction to Form I-9 Form I-9 consists of three sections: Section 1 – Employee Information and Verification Must be completed by the new employee on the date the employee begins employment and can also be completed prior to the beginning of employment, after an employment offer has been made to the individual. Section 2 – Employer Review and Verification Must be completed by the company’s representative before or within three business days of beginning employment. Section 3 – Updating and reverification This section is used only to update or reverify Form I-9.
©SHRM 2008 Section 1 Employee Information and Verification Section Section 1 of the form must be completed and signed by the new employee on the date employment begins (or prior to that date). A translator or preparer may be used by the employee to complete Section 1 of the form. However, the form must be signed by the employee, and the translator or preparer must complete the last portion of Section 1. Social Security numbers are not required from new employees (unless E-verify is used by the employer). When an employees enters an employment authorization expiration date in Section 1, the employer is required to reverify employment authorization for the employee in Section 3 on or before the expiration date provided by the employee.
©SHRM 2008 Introduction to Form I-9 Section 2 Employer Review and Verification Section The new employee must present original and unexpired document(s) that prove his or her identity and employment authorization. Certified copies of birth certificates are acceptable. o Documents from List A show both identity and employment authorization. o Documents from List B show identity only (employers participating in E-verify can only accept List B documents with a photograph). o Documents from List C show employment authorization only. You must accept any document(s) from the Lists of Acceptable Documents presented by the new employee that reasonably appear on their face to be genuine and relate to the person. You cannot specify which document(s) an employee should present. Examine the documents presented and fully complete Section 2 by recording the title, issuing authority, number and expiration date (if any) of the document(s).
©SHRM 2008 Introduction to Form I-9 Section 2 Acceptable Documents: List A List A consists of documents that establish both identity and employment eligibility. 1.U.S. passport or passport card.3.Employment Authorization Document that contains a photograph (Form I-766). 2.Permanent Resident Card or Alien Registration Receipt Card (Form I-551). 4.Foreign Passport that contains a temporary I-551 stamp or temporary I- 551 printed notation on a machine- readable immigrant visa. 3.In the Commonwealth of the Northern Mariana Islands (CNMI) only, a foreign passport along with special documents issued by the CNMI. 6.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. 7.In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.
©SHRM 2008 Introduction to Form I-9 Section 2 Acceptable Documents: List B List B consists of documents that establish identity. For persons over the age of 18:7.U.S. Coast Guard Merchant Mariner Card. 1Driver’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 address. 8.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. 2School ID card with a photograph.9.Native American tribal document. 3Voter’s registration card.For persons under age 18 who are unable to present a document listed above: 4U.S. military card or draft record.10.School record or report card. 5Military dependent’s ID card.11.Clinic, doctor, or hospital record. 6Driver’s license issued by a Canadian government authority. 12.Daycare or nursery school record.
©SHRM 2008 Introduction to Form I-9 Section 2 Acceptable Documents: List C List C consists of documents that establish employment authorization. 1.U.S. Social Security account number card other than one that specifies on the face that the issuance of the card does not authorize employment in the United States. NOTE: A copy (such as a metal or plastic reproduction) is not acceptable. 5. Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal. 2. Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545). 6. Native American tribal document. 3. Certification of Report of Birth issued by the U.S. Department of State (Form DS-1350). 7. U.S. Citizen Identification Card (Form I- 197). 4. Identification Card for Use of Resident Citizen in the United States (Form I-179). 8. Employment authorization document issued by DHS.
©SHRM 2008 Section 2 Receipt Rule An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 or Section 3. The receipt is valid for a temporary period. There are three different documents that qualify as receipts under the rule: 1. For a replacement document when the document has been lost, stolen or damaged: the receipt is valid for 90 days, after which the employee must present the replacement document to complete Form I-9. 2. The arrival portion of Form I-94/I-94A containing a temporary I-551 stamp and photograph. This is valid until the expiration date of the temporary I-551 stamp or one year from the date of issue if no expiration date. 3. The departure portion of Form I-94/I-94A with an unexpired refugee admission stamp. This is valid 90 days from the date employment begins or on the date employment authorization expires.
©SHRM 2008 Section 2 Receipt Rule (continued) Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable. When an acceptable receipt is presented, record the document’s title in Section 2 and write down the word “receipt” and its document number. When the employee later presents the actual document, cross out the word “receipt” and any accompanying document number, insert the number from the actual document presented, and initial and date the change.
©SHRM 2008 Section 2 Photocopying Retaining Copies of Form I-9 Documentation (Note to presenter: Choose one or more of the following statements for your presentation, based on company policy or legal requirements) Make and retain copies of all documentation provided and attach to Form I-9. Do not make copies of documentation provided. We participate in E-Verify and use Photo Matching. When the employee presents a document used as part of Photo Matching (currently the U.S. passport and passport card, Permanent Resident Card (Form I-551) and the Employment Authorization Document (Form I-766)), you must retain a photocopy of the document the employee presents and attach it to the I-9.
©SHRM 2008 Section 3 Purpose Section 3 is applicable to employees who indicated a work authorization expiration date in Section 1, rehires and/or employees with a name change. Completing this section will update the employee’s information and/or reverify his or her work authorization. Updating employee information: (Employers are permitted to update the I-9 for name changes, but are not required to do so.) o If an employee’s name has changed at the time this form is being updated, complete Block A. o The company’s representative then completes the last line of Section 3. o The employee is not required to present documentation to show his or her new name.
©SHRM 2008 Section 3 Reverification Reverifying means updating the employee’s work authorization; this is only done when an expiration date is entered in Section 1. This must be done on or before the expiration date recorded in Section 1. Steps for reverification: o The employee must present a document that shows either an extension of the initial employment authorization or new employment authorization. This can be any document from List A or C. o Record the new document title, document number and expiration date (if any), then sign and date Section 3. o If Section 3 has already been used for a previous reverification or update, use a new Form I-9. If you use a new Form I-9, write the employee’s name in Section 1, complete Section 3 and retain the new Form I-9 with the original.
©SHRM 2008 Section 3 Reverification (continued) U.S. citizens and noncitizen nationals never need reverification. Do not reverify an expired U.S. passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card (Form I-551) or a List B document that has expired. Employees cannot work beyond the date their employment authorization expires without reverifying.
©SHRM 2008 Section 3 Rehire If the employee is rehired within three (3) years of the date the Form I-9 was originally completed, you have a choice of reverifying the rehire with the use of Section 3 or by completing a new Form I-9 for the rehire. (Employer should choose the method and be consistent) If the employee’s previously completed Form I-9 indicates that the individual is still eligible to work, you must complete Block A (if applicable), Block B and the signature block to update the original form. If the employee’s previously completed Form I-9 indicates that the work authorization has expired, complete Block B, Block C and the signature block.
©SHRM 2008 Section 3 Rehire (continued) Update or complete a new Form I-9 on the date re-employment begins. You must complete a new Form I-9 if the original Form I-9 has been replaced by a newer version.
©SHRM 2008 Frequently Asked Questions Do I need to fill out Forms I-9 for independent contractors or their employees? No. For example, if you contract with a construction company to perform renovations on your building, you do not have to complete Forms I-9 for that company’s employees. The construction company is responsible for completing Forms I-9 for its own employees. However, you may not use a contract, subcontract or exchange to obtain the labor or services of an employee if you know that the employee is unauthorized to work.
©SHRM 2008 Frequently Asked Questions Must I complete an I-9 form for interns and unpaid employees? You may only complete Form I-9 for an employee who will receive payment or compensation. Unpaid interns are not employees and do not complete Form I-9. Check with your human resources department when making the determination of who completes Form I-9.
©SHRM 200822 Frequently Asked Questions May I accept a photocopy of a document presented by a new hire? No. All new employees must present the original documents when verifying authorization for employment. The only exception is accepting a certified copy of a birth certificate.
©SHRM 2008 Frequently Asked Questions Can I accept an expired document (passport, driver's license, etc.) to establish a new hire's identity for I-9 purposes? No. All documents MUST be unexpired at the time the I-9 form is completed.
©SHRM 2008 Frequently Asked Questions Can I refuse to hire a person who shows an employment authorization card that will expire in three months? No. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an individual is qualified for a particular job may be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the Immigration and Nationality Act.
©SHRM 2008 Frequently Asked Questions May I terminate an employee who fails to produce the required documents within three business days of his or her start date? Yes. You may terminate an employee who fails to produce the required document or documents, or an acceptable receipt for a document, within three business days of the date employment begins. This does not include the actual day of hire. [If employer policy differs, insert here.]
©SHRM 200826 Frequently Asked Questions My employee’s Employment Authorization Document (Form I-766) expired, and the employee now wants to show me a Social Security card. Do I need to see a current DHS document? No. During reverification, an employee must be allowed to choose which documentation to present from either List A or List C. If an employee presents an unrestricted Social Security card upon reverification, the employee does not need to present a current DHS document. However, if an employee presents a restricted Social Security card upon reverification, you must reject the restricted Social Security card as an unacceptable Form I-9 document and ask the employee to choose different documentation from List A or List C of Form I-9.
©SHRM 200827 Frequently Asked Questions Do I need to complete a new Form I-9 when one of my employees is promoted within my company or transfers to another company office at a different location? No. You do not need to complete a new Form I-9 for employees who have been promoted or transferred.
©SHRM 2008 Frequently Asked Questions What should I do if an employee presents a Social Security card marked “NOT VALID FOR EMPLOYMENT,” but states that he or she is now authorized to work? You should ask the employee to provide another document to establish his or her employment authorization, since such Social Security cards do not establish this and are not acceptable documents for Form I-9. Such an employee should go to the local Social Security Administration (SSA) office with proof of his or her lawful employment status to be issued a Social Security card without employment restrictions.
©SHRM 200829 Frequently Asked Questions The name on the document my employee presented to me is spelled slightly differently than the name she entered in Section 1 of Form I-9. Can I accept this document? If the document contains a slight spelling variation and the employee has a reasonable explanation for the variation, the document is acceptable as long as you are satisfied that the document otherwise reasonably appears to be genuine and to relate to him or her.
©SHRM 200830 Questions? Comments?
©SHRM 200831 Questions? Comments? Further questions or comments can be directed to the Human Resources Department
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