Presentation on theme: "Form I-9 and E-Verify Employment Eligibility Verification."— Presentation transcript:
Form I-9 and E-Verify Employment Eligibility Verification
I-9 Requirements Completed/retained for every employee hired after 11/06/86 Penalties for employers who fail to comply Employer may be fined for each I-9 that: –lists invalid information, –is not fully completed or is incorrectly completed, –is completed after employee has been working Must use revised two-page form (Rev. 03/08/2013) with an expiration date of 03/31/2016 and updated list of acceptable documents I-9 form must have List of Acceptable Documents attached to it Entire I-9 form with instructions is 9 pages but only pages needs to be sent to HR
E-Verify Requirements Beginning June 1, 2011, Radford University began using E-Verify for all new hires. E-Verify is an internet-based system operated by the U. S. Department of Homeland Security (USCIS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify employment eligibility. Information from the I-9 form is keyed into the E-Verify data base. In addition to fines for incorrect or incomplete I-9s, employers can also be fined for incorrect or late processing in the E-Verify system.
What’s New on the I-9 The new I-9 form is 9 pages long. Pages 1 – 6 are instructions that provide more detail and are formatted in a more reader-friendly manner Pages 1 – 6 should be available to all employees completing an I-9 but don’t have to be included when sent to HR Pages 7 – 9 (the actual 2-page form and List of Acceptable Documents) must be completed and sent to HR. The 2-page form may be copied front to back with the List of Acceptable Documents attached to it. All sections of the form where a name must be indicated is designated with the last name (family name), and the first name (given name).
What’s New on the I-9 There is a new section for other names used in Section 1 All places on the form where an address is indicated now designates street number and name There are two optional boxes for completion – address and telephone number in Section 1 There are more instructions for an alien authorized to work with choices of an Alien Registration Number/USCIS Number or I-94 Admission Number to be indicated on the form in Section 1 There is also an area for a Foreign Passport Number and Country of Issuance space for aliens who obtained their admission from CBP upon arrival in the US in Section 1
What’s New on the I-9 Under the introduction of Section 2 on page 2 is a new box where the employee’s Last Name, First Name and Middle Initial from Section 1 should be indicated The employee’s first day of employment is now indicated in a line underneath the Certification The address of the Employer’s Business or Organization Name is now the main RU address (801 East Main Street) and has been pre-populated if the form is downloaded from the HR website The instructions on the List of Acceptable Documents (page 9) provide more detail and are formatted in a more reader- friendly manner
I-9 Process - Hiring Department completes PR-40 or Hiring Proposal in PeopleAdmin (depending on type of position) when decision to hire an individual is made Department obtains all signatures before sending to Human Resources (HR) When HR receives PR-40, hiring department is notified that a formal offer may be extended to the candidate
I-9 Process - Hiring Department sends prospective employee an offer letter and a blank I-9 Employee is instructed to complete Section 1 of the I-9 and return on or before their first day of employment Failure to do so before the first day of employment will result in adjustment of hire date
I-9 Process - Hiring New employee also instructed Section 2 of the I-9 must be completed within 3 business days of the employee’s first day of employment or else they will be terminated (if hired on a Monday, Section 2 must be completed no later than Thursday) –Employee must provide original document(s) that establish identity and employment eligibility New employee will not be approved to start work until HR receives I-9 with at least Section 1 completed Department may not start anyone until approval to begin work is given by HR
I-9 Process – Best Practices The best scenario for all employees is to fully complete (Sections 1 and 2) of the I-9 with all signatures and return to HR on or before the employee’s first day of work –Please remember that until the completed I-9 is received in HR, the PR-40 will not be processed and the employee will not be placed on the university’s payroll
I-9 Process – Best Practices If an employee’s first day (10 th or 25 th of the month) actually falls on a weekend, Section 1 of the I-9 must be completed the following Monday (actual first work day) –In Section 2 where date employment began is entered, put 10 th or 25 th but make a note on the form actual first day worked was that Monday; signature sections will be dated the actual date the form was completed
Completion of the I-9 Form Section 1 Hiring department responsible for ensuring Section 1 is properly completed, signed and dated on or before employee’s start date. The employee must complete all blanks in Section 1 and attest to a status –Citizen of United States –Noncitizen National of the U.S. –Lawful permanent resident –Alien authorized to work
Completion of the I-9 Form Section 1 Employee must sign and date Section 1 If employee needs assistance in completing Section 1, you may help but you will need to fill out the Preparer/Translator Certification If anything is left blank in Section 1 or it is not signed and dated, the form will be returned to the department
Completion of the I-9 Form Section 2 – Non US Citizen If the employee indicates in Section 1 that they are not a US Citizen, they must be immediately referred to RU’s Tax Compliance Manager to complete Section 2 of the I-9 The Tax Compliance Manager will look at the employee’s original document(s) and if they are in order, will complete Section 2 and fax a copy to HR
Completion of the I-9 Form Section 2 – Non US Citizen Once HR receives faxed I-9 from the Tax Compliance Manager, approval will be given to the department that the employee may begin work and the PR-40 will be processed adding the employee to the university’s payroll
Completion of the I-9 Form Section 2 – US Citizen The hiring department may complete Section 2 if the employee is a US Citizen Section 2 must be completed and delivered to HR within three business days of the employee’s first day of employment (if employee starts work on Monday, Section 2 must be completed by Thursday) –Employees hired for less than 3 days must have their I-9 completed (Sections 1 and 2) by the end of their first day of employment –If the hiring department completes Section 2, copies of the acceptable documents presented by the employee must be attached to the I-9 (required because of participation in E-Verify).
Completion of the I-9 Form Section 2 – US Citizen The hiring department also has the option to send the employee to HR for completion of Section 2 –Please remember that until the completed I-9 is received in HR, the PR-40 will not be processed and the employee will not be added to the university payroll The employee must present the required documentation that establishes identity and employment eligibility at the time Section 2 of the I-9 is completed A List of Acceptable Documents must be attached to the I-9 form
Completion of the I-9 Form Section 2 – US Citizen The employee may choose which document(s) s/he wishes to present from this list The employer must accept any document or combination of documents which reasonably appear to be genuine and relate to the person presenting them –You cannot specify which documents you will accept If employee presents documentation from List A, do not ask for additional documentation If employee presents documentation under Lists B and C, ensure there is only one document examined from each list If the employee presents a List B document that shows identity, the document must contain a photo (E-Verify regulation)
Completion of the I-9 Form Section 2 – US Citizen All documents presented must be unexpired In order for you to complete Section 2, you must examine the original documents –Do not accept copies or faxes of these documents
Completion of the I-9 Form Section 2 – US Citizen When you sign in Section 2 you are “attesting, under penalty of perjury, that the above-listed document(s) appear to be genuine and to relate to the employee named” –Only the person who actually saw the original document(s) may sign Section 2 –Make copies of the documents and attach to the I-9
Terminating for Failure to Complete Form I-9 If an employee fails to complete Section 2 of the I-9 or provide proof of having applied for the documentation within 3 business days of the employee’s first day of employment, they will be terminated Department will be notified by HR that the employee will be unable to return to work the next day Department will be required to complete a new PR-40 reporting the numbers of hours worked and the total amount due for the hours worked (original PR-40 will be voided) HR will notify the hiring department and the employee of the employee’s termination verbally and in writing with a copy also being sent to the appropriate VP
Alternate Documentation An employee unable to produce an employment eligibility document may present a receipt for application of a replacement document. The receipt authorizes employment for 90 days Receipt must be presented within 3 days of the employee’s first day of employment
Alternate Documentation If a new employee produces evidence that they have applied for a replacement document, send them immediately to HR along with the I-9 and the receipt (HR will handle these situations) If the employee provides the replacement document within 90 days to HR, they will be allowed to continue working If the employee does not provide the replacement document within 90 days to HR, they will be terminated
Facsimiles/Copies HR will not accept copies or faxes of completed I-9 forms from departments Original I-9 forms must be delivered to HR by the end of the employee’s third work day
Reverifying Employment Authorization An employee authorized to work for a specific time period must have their employment eligibility reverified by HR or the Tax Compliance Manager before their employment eligibility has expired HR or the Tax Compliance Manager will handle all I-9s for employees in this situation
Rehired Employees If an employee is rehired, HR must ensure they are still authorized to work If the employee is rehired within 3 years of the date the I-9 was originally completed, they are still eligible to be employed on the same basis as previously indicated on the I-9 All I-9 authorizations for rehires will be handled through HR Once the I-9 is completed, HR will contact the department that the PR-40 will be processed and the employee placed on payroll The employee may not begin work until HR has contacted the department
Duplicate I-9s I-9s submitted by students to the Financial Aid Office under the work study/work scholarship program and/or the Graduate College through a graduate assistantship may now be used by HR if the student is later hired by Hiring Proposal or PR-40. If you hire a student in another position and you are aware that they have an I-9 on file in either Financial Aid or the Graduate College, please inform HR so that we can obtain a copy of that I-9. If it is still valid, and the student has had no break in service, we can use that I-9.
Retention of I-9s All I-9s with the exception of those for students working through the Financial Aid Office, the Graduate College, and Internationals will be maintained in HR according to the record and retention schedule of the Library of Virginia –I-9s must be retained for three years from the date of hire or for one year from the date employment ends Departments should not keep copies of I-9s in their files