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Form I-9 Training for New Managers: Understanding and Completing the Form I-9 Reviewed March 2013
©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. Sample Form I-9 Instructions for Employment Eligibility Verification Department of Homeland SecurityU.S. Citizenship and Immigration ServicesUSCISForm I-9 OMB No. 1615-0047Expires 03/31/2016Read all instructions carefully before completing this form. Anti-Discrimination Notice.It is illegal to discriminate against any work-authorized individual in hiring, discharge,recruitment or referral for a fee, or in the employment eligibility verification (Form I-9 and E-Verify) process based onthat individual's citizenship status, immigration status or national origin. EmployersCANNOTspecify whichdocument(s) they will accept from an employee. The refusal to hire an individual because the documentation presentedhas a future expiration date may also constitute illegal discrimination. For more information, call the Office of SpecialCounsel for Immigration-Related Unfair Employment Practices (OSC) at 1-800-255-7688 (employees), 1-800-255-8155(employers), or 1-800-237-2515 (TDD), or visitwww.justice.gov/crt/about/osc. Form I-9 Instructions 03/08/13 NPage 1 of 9EMPLOYERS MUST RETAIN COMPLETED FORM I-9DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS What Is the Purpose of This Form? Form I-9 is made up of three sections. Employers may be fined if the form is not complete. Employers are responsible forretaining completed forms. Do not mail completed forms to U.S. Citizenship and Immigration Services (USCIS) orImmigration and Customs Enforcement (ICE).Employers are responsible for completing and retaining Form I-9. For the purpose of completing this form, the term"employer" means all employers, including those recruiters and referrers for a fee who are agricultural associations,agricultural employers, or farm labor contractors. General InstructionsSection 1. Employee Information and Attestation Newly hired employees must complete and sign Section 1 of Form I-9no later than the first day of employment.Section 1 should never be completed before the employee has accepted a job offer.Provide the following information to complete Section 1:Name:Provide your full legal last name, first name, and middle initial. Your last name is your family name orsurname. If you have two last names or a hyphenated last name, include both names in the last name field. Your firstname is your given name. Your middle initial is the first letter of your second given name, or the first letter of yourmiddle name, if any.Other names used:Provide all other names used, if any (including maiden name). If you have had no other legalnames, write "N/A."Address:Provide the address where you currently live, including Street Number and Name, Apartment Number (ifapplicable), City, State, and Zip Code. Do not provide a post office box address (P.O. Box). Only border commutersfrom Canada or Mexico may use an international address in this field.Date of Birth:Provide your date of birth in the mm/dd/yyyy format. For example, January 23, 1950, should bewritten as 01/23/1950.Employers must complete Form I-9 to document verification of the identity and employment authorization of each newemployee (both citizen and noncitizen) hired after November 6, 1986, to work in the United States. In the Commonwealthof the Northern Mariana Islands (CNMI), employers must complete Form I-9 to document verification of the identity andemployment authorization of each new employee (both citizen and noncitizen) hired after November 27, 2011. Employersshould have used Form I-9 CNMI between November 28, 2009 and November 27, 2011.E-mail Address and Telephone Number (Optional):You may provide your e-mail address and telephonenumber. Department of Homeland Security(DHS) may contact you if DHS learns of a potential mismatch betweenthe information provided and the information in DHS or Social Security Administration (SSA) records. You may write"N/A" if you choose not to provide this information.U.S. Social Security Number:Provide your 9-digit Social Security number. Providing your Social Security numberis voluntary. However, if your employer participates in E-Verify, you must provide your Social Security number. Form I-9 Instructions 03/08/13 NPage 2 of 9 3. A lawful permanent resident:A lawful permanent resident is any person who is not a U.S. citizen and who residesin the United States under legally recognized and lawfully recorded permanent residence as an immigrant. The term"lawful permanent resident" includes conditional residents. If you check this box, write either your Alien RegistrationNumber (A-Number) or USCIS Number in the field next to your selection. At this time, the USCIS Number is thesame as the A-Number without the "A" prefix.4. An alien authorized to work:If you are not a citizen or national of the United States or a lawful permanent resident,but are authorized to work in the United States, check this box.a.Record the date that your employment authorization expires, if any. Aliens whose employment authorization doesnot expire, such as refugees, asylees, and certain citizens of the Federated States of Micronesia, the Republic of theMarshall Islands, or Palau, may write "N/A" on this line.b.Next, enter your Alien Registration Number (A-Number)/USCIS Number. At this time, the USCIS Number is thesame as your A-Number without the "A" prefix. If you have not received an A-Number/USCIS Number, recordyour Admission Number. You can find your Admission Number on Form I-94, "Arrival-Departure Record," or asdirected by USCIS or U.S.Customs and Border Protection (CBP).(1)If you obtained your admission number from CBP in connection with your arrival in the United States, thenalso record information about the foreign passport you used to enter the United States (number and country ofissuance).(2)If you obtained your admission number from USCISwithin the United States, or you entered the United Stateswithout a foreign passport, you must write "N/A" in the Foreign Passport Number and Country of Issuancefields.Sign your name in the "Signature of Employee" block and record the date you completed and signed Section 1. By signingand dating this form, you attest that the citizenship or immigration status you selected is correct and that you are awarethat you may be imprisoned and/or fined for making false statements or using false documentation when completing thisform. To fully complete this form, you must present to your employer documentation that establishes your identity andemployment authorization. Choose which documents to present from the Lists of Acceptable Documents, found on thelast page of this form. You must present this documentation no later than the third day after beginning employment,although you may present the required documentation before this date.The Preparer and/or Translator Certification must be completed if the employee requires assistance to complete Section 1(e.g., the employee needs the instructions or responses translated, someone other than the employee fills out theinformation blocks, or someone with disabilities needs additional assistance). The employee must still sign Section 1.Minors and Certain Employees with Disabilities (Special Placement)Parents or legal guardians assisting minors (individuals under 18) and certain employees with disabilities should reviewthe guidelines in theHandbook for Employers: Instructions for Completing Form I-9 (M-274)onwww.uscis.gov/I-9Centralbefore completing Section 1. These individuals have special procedures for establishing identity if they cannotpresent an identity document for Form I-9. The special procedures include(1)the parent or legal guardian filling outSection 1 and writing "minor under age 18" or "special placement," whichever applies, in the employee signature block;and(2)the employer writing "minor under age 18" or "special placement" under List B in Section 2.Preparer and/or Translator CertificationIf you check this box:1. A citizen of the United States2. A noncitizen national of the United States:Noncitizen nationals of the United States are persons born in AmericanSamoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizennationals born abroad.All employees must attest in Section 1, under penalty of perjury, to their citizenship or immigration status by checkingone of the following four boxes provided on the form: Form I-9 Instructions 03/08/13 NPage 3 of 9 2.Record the document title shown on the Lists of Acceptable Documents, issuing authority, document number andexpiration date (if any) from the original document(s) the employee presents. You may write "N/A" in any unusedfields.3.Under Certification, enter the employee's first day of employment. Temporary staffing agencies may enter the first daythe employee was placed in a job pool. Recruiters and recruiters for a fee do not enter the employee's first day ofemployment.4.Provide the name and title of the person completing Section 2 in the Signature of Employer or AuthorizedRepresentative field.5.Sign and date the attestation on the date Section 2 is completed.6.Record the employer's business name and address.7.Return the employee's documentation.If the employee is a student or exchange visitor who presented a foreign passport with a Form I-94, the employershould also enter in Section 2:a.The student's Form I-20 or DS-2019 number (Student and Exchange Visitor Information System-SEVIS Number);andthe program end date from Form I-20 or DS-2019.Employers or their authorized representative must:1.Physically examine each original document the employee presents to determine if it reasonably appears to be genuineand to relate to the person presenting it. The person who examines the documents must be the same person who signsSection 2. The examiner of the documents and the employee must both be physically present during the examinationof the employee's documents.Employers cannot specify which document(s) employees may present from the Lists of Acceptable Documents, found onthe last page of Form I-9, to establish identity and employment authorization. Employees must present one selection fromList AORa combination of one selection from List B and one selection from List C. List A contains documents thatshow both identity and employment authorization. Some List A documents are combination documents. The employeemust present combination documents together to be considered a List A document. For example, a foreign passport and aForm I-94 containing an endorsement of the alien's nonimmigrant status must be presented together to be considered aList A document. List B contains documents that show identity only, and List C contains documents that showemployment authorization only. If an employee presents a List A document, he or she shouldnotpresent a List B and ListC document, and vice versa. If an employer participates in E-Verify, the List B document must include a photograph.Employers or their authorized representative must complete Section 2by examining evidence of identity and employmentauthorization within 3 business days of the employee's first day of employment. For example, if an employee beginsemployment on Monday, the employer must complete Section 2 by Thursday of that week. However, if an employer hiresan individual for less than 3 business days, Section 2 must be completed no later than the first day of employment. Anemployer may complete Form I-9 before the first day of employment if the employer has offered the individual a job andthe individual has accepted.In the field below the Section 2 introduction, employers must enter the last name, first name and middle initial, if any, thatthe employee entered in Section 1. This will help to identify the pages of the form should they get separated.Employers may, but are not required to, photocopy the document(s) presented. If photocopies are made, they should bemade forALLnew hires or reverifications. Photocopies must be retained and presented with Form I-9 in case of aninspection by DHS or other federal government agency. Employers must always complete Section 2 even if theyphotocopy an employee's document(s). Making photocopies of an employee's document(s) cannot take the place ofcompleting Form I-9. Employers are still responsible for completing and retaining Form I-9.Before completing Section 2, employers must ensure that Section 1 is completed properly and on time. Employers maynot ask an individual to complete Section 1 before he or she has accepted a job offer. Section 2. Employer or Authorized Representative Review and Verification Form I-9 Instructions 03/08/13 NPage 4 of 9 2.Write the word "receipt" and its document number in the "Document Number" field. Record the last day that thereceipt is valid in the "Expiration Date" field.1.Record the document title in Section 2 under the sections titled List A, List B, or List C, as applicable.When the employee provides an acceptable receipt, the employer should:2.Record the number and other required document information from the actual document presented.3.Initial and date the change.1.Cross out the word "receipt" and any accompanying document number and expiration date.By the end of the receipt validity period, the employer should:See theHandbook for Employers: Instructions for Completing Form I-9(M-274)atwww.uscis.gov/I-9Centralfor moreinformation on receipts.Employers or their authorized representatives should complete Section 3 when reverifying that an employee is authorizedto work. When rehiring an employee within 3 years of the date Form I-9 was originally completed, employers have theoption to complete a new Form I-9 or complete Section 3. When completing Section 3 in either a reverification or rehiresituation, if the employee's name has changed, record the name change in Block A.3.Thedeparture portion of Form I-94/I-94A with a refugee admission stamp. The employee must present an unexpiredEmployment Authorization Document (Form I-766) or a combination of a List B document and an unrestricted SocialSecurity card within 90 days. Section 3. Reverification and Rehires 1.A receipt showing that the employee has applied to replace a document that was lost, stolen or damaged. Theemployee must present the actual document within 90 days from the date of hire.There are three types of acceptable receipts:2.The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual. Theemployee must present the actual Permanent Resident Card (Form I-551) by the expiration date of the temporaryI-551 stamp, or, if there is no expiration date, within 1 year from the date of issue.Employees must present receipts within 3 business days of their first day of employment, or in the case of reverification,by the date that reverification is required, and must present valid replacement documents within the time frames describedbelow.If an employee is unable to present a required document (or documents), the employee can present an acceptable receipt inlieu of a document from the Lists of Acceptable Documents on the last page of this form. Receipts showing that a personhas applied for an initial grant of employment authorization, or for renewal of employment authorization, are notacceptable. Employers cannot accept receipts if employment will last less than 3 days. Receipts are acceptable whencompleting Form I-9 for a new hire or when reverification is required.ReceiptsGenerally, only unexpired, original documentation is acceptable. The only exception is that an employee may present acertified copy of a birth certificate. Additionally, in some instances, a document that appears to be expired may beacceptable if the expiration date shown on the face of the document has been extended, such as for individuals withtemporary protected status. Refer to theHandbook for Employers: Instructions for Completing Form I-9 (M-274)or I-9Central (www.uscis.gov/I-9Central) for examples.Unexpired DocumentsFor employees who provide an employment authorization expiration date in Section 1, employers must reverifyemployment authorization on or before the date provided. Form I-9 Instructions 03/08/13 NPage 5 of 9 b.Record the document title, document number, and expiration date (if any).3.Complete Block C if:a.The employment authorization or employment authorization document of a current employee is about to expire andrequires reverification; orb.You rehire an employee within 3 years of the date this form was originally completed and his or her employmentauthorization or employment authorization document has expired. (Complete Block B for this employee as well.)To complete Block C:a.Examine either a List A or List C document the employee presents that shows that the employee is currentlyauthorized to work in the United States; and2.Complete Block B with the date of rehire if you rehire an employee within 3 years of the date this form was originallycompleted, and the employee is still authorized to be employed on the same basis as previously indicated on this form.Also complete the "Signature of Employer or Authorized Representative" block.1.Complete Block A if an employee's name has changed at the time you complete Section 3.To complete Section 3, employers should follow these instructions:For reverification, an employee must present unexpired documentation from either List A or List C showing he or she isstill authorized to work. Employers CANNOT require the employee to present a particular document from List A or ListC. The employee may choose which document to present.If both Section 1 and Section 2 indicate expiration dates triggering the reverification requirement, the employer shouldreverify by the earlier date.Reverification applies if evidence of employment authorization (List A or List C document) presented in Section 2expires. However, employers should not reverify:1.U.S. citizens and noncitizen nationals; or2.Lawful permanent residents who presented a Permanent Resident Card (Form I-551) for Section 2.Reverification does not apply to List B documents.Some employees may write "N/A" in the space provided for the expiration date in Section 1 if they are aliens whoseemployment authorization does not expire (e.g., asylees, refugees, certain citizens of the Federated States of Micronesia,the Republic of the Marshall Islands, or Palau). Reverification does not apply for such employees unless they chose topresent evidence of employment authorization in Section 2 that contains an expiration date and requires reverification,such as Form I-766, Employment Authorization Document.There is no fee for completing Form I-9. This form is not filed with USCIS or any government agency. Form I-9 must beretained by the employer and made available for inspection by U.S. Government officials as specified in the"USCISPrivacy Act Statement"below. What Is the Filing Fee?USCIS Forms and Information For more detailed information about completing Form I-9, employers and employees should refer to theHandbook forEmployers: Instructions for Completing Form I-9(M-274).4.After completing block A, B or C, complete the "Signature of Employer or Authorized Representative" block,including the date.For reverification purposes, employers may either complete Section 3 of a new Form I-9 or Section 3 of the previouslycompleted Form I-9. Any new pages of Form I-9 completed during reverification must be attached to the employee'soriginal Form I-9. If you choose to complete Section 3 of a new Form I-9, you may attach just the page containingSection 3, with the employee's name entered at the top of the page, to the employee's original Form I-9. If there is amore current version of Form I-9 at the time of reverification, you must complete Section 3 of that version of the form. Form I-9 Instructions 03/08/13 NPage 6 of 9 ROUTINE USES:This information will be used by employers as a record of their basis for determining eligibility of anemployee to work in the United States. The employer will keep this form and make it available for inspection byauthorized officials of the Department of Homeland Security, Department of Labor, and Office of Special Counsel forImmigration-Related Unfair Employment Practices. Paperwork Reduction Act An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection ofinformation unless it displays a currently valid OMB control number. The public reporting burden for this collection ofinformation is estimated at 35 minutes per response, including the time for reviewing instructions and completing andretaining the form. Send comments regarding this burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory CoordinationDivision, Office of Policy and Strategy, 20 Massachusetts Avenue NW, Washington, DC 20529-2140; OMB No.1615-0047.Do not mail your completed Form I-9 to this address. USCIS Privacy Act Statement AUTHORITIES:The authority for collecting this information is the Immigration Reform and Control Act of 1986,Public Law 99-603 (8 USC 1324a).PURPOSE:This information is collected by employers to comply with the requirements of the Immigration Reform andControl Act of 1986. This law requires that employers verify the identity and employment authorization of individualsthey hire for employment to preclude the unlawful hiring, or recruiting or referring for a fee, of aliens who are notauthorized to work in the United States.DISCLOSURE:Submission of the information required in this form is voluntary. However, failure of the employer toensure proper completion of this form for each employee may result in the imposition of civil or criminal penalties. Inaddition, employing individuals knowing that they are unauthorized to work in the United States may subject theemployer to civil and/or criminal penalties.A blank Form I-9 may be reproduced, provided all sides are copied. The instructions and Lists of Acceptable Documentsmust be available to all employees completing this form. Employers must retain each employee's completed Form I-9 foras long as the individual works for the employer. Employers are required to retain the pages of the form on which theemployee and employer enter data. If copies of documentation presented by the employee are made, those copies mustalso be kept with the form. Once the individual's employment ends, the employer must retain this form for either 3 yearsafter the date of hire or 1 year after the date employment ended, whichever is later. Photocopying and Retaining Form I-9 Form I-9 may be signed and retained electronically, in compliance with Department of Homeland Security regulations at8 CFR 274a.2.Employees with questions about Form I-9 and/or E-Verify can reach the USCIS employee hotline by calling1-888-897-7781. For TDD (hearing impaired), call1-877-875-6028.Information about E-Verify, a free and voluntary program that allows participating employers to electronically verify theemployment eligibility of their newly hired employees, can be obtained from the USCIS Web site atwww.dhs.gov/E-Verify, by e-mailing USCIS atE-Verify@dhs.govor by calling1-888-464-4218. For TDD (hearing impaired), call1-877-875-6028.You can also obtain information about Form I-9 from the USCIS Web site atwww.uscis.gov/I-9Central, by e-mailingUSCIS atI-9Central@dhs.gov, or by calling1-888-464-4218. For TDD (hearing impaired), call1-877-875-6028.To obtain USCIS forms or theHandbook for Employers, you can download them from the USCIS Web site atwww.uscis.gov/forms. You may order USCIS forms by calling our toll-free number at1-800-870-3676. You may also obtain formsand information by contacting the USCIS National Customer Service Center at1-800-375-5283. For TDD (hearingimpaired), call1-800-767-1833. Employment Eligibility Verification Department of Homeland SecurityU.S. Citizenship and Immigration ServicesUSCISForm I-9 OMB No. 1615-0047Expires 03/31/2016 START HERE. Read instructions carefully before completing this form. The instructions must be available during completion of this form. ANTI-DISCRIMINATION NOTICE:It is illegal to discriminate against work-authorized individuals. EmployersCANNOTspecify whichdocument(s) they will accept from an employee. The refusal to hire an individual because the documentation presented has a futureexpiration date may also constitute illegal discrimination. Section 1. Employee Information and Attestation (Employees must complete and sign Section 1 of Form I-9 no laterthan thefirst day of employment, but not before accepting a job offer.) Address (Street Number and Name)E-mail AddressTelephone NumberDate of Birth(mm/dd/yyyy)Other Names Used(if any)U.S. Social Security Number ► Middle InitialApt. NumberCity or TownStateZip Code I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents inconnection with the completion of this form.I attest, under penalty of perjury, that I am (check one of the following):An alien authorized to work until (expiration date, if applicable, mm/dd/yyyy) Signature of Employee:Date(mm/dd/yyyy):Date(mm/dd/yyyy):Signature of Preparer or Translator:Address(Street Number and Name)City or TownZip CodeState A lawful permanent resident (Alien Registration Number/USCIS Number):A citizen of the United StatesA noncitizen national of the United States(See instructions)1.Alien Registration Number/USCIS Number:For aliens authorized to work, provide your Alien Registration Number/USCIS NumberORForm I-94 Admission Number:If you obtained your admission number from CBP in connection with your arrival in the UnitedStates, include the following:2.Form I-94 Admission Number:Country of Issuance:Foreign Passport Number:(See instructions)Some aliens may write "N/A" on the Foreign Passport Number and Country of Issuance fields. (See instructions) First Name(Given Name)Last Name (Family Name) --. Some aliens may write "N/A" in this field. Page 7 of 9Form I-9 03/08/13 N Employer Completes Next Page I attest, under penalty of perjury, that I have assisted in the completion of this form and that to the best of my knowledge theinformation is true and correct.Preparer and/or Translator Certification(To be completed and signed if Section 1 is prepared by a person other than theemployee.) OR First Name(Given Name)Last Name(Family Name)3-D BarcodeDo Not Write in This Space Page 8 of 9Form I-9 03/08/13 N Employee Last Name, First Name and Middle Initial from Section 1: Section 2. Employer or Authorized Representative Review and Verification (Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee's first day of employment. Youmust physically examine one document from List A OR examine a combination of one document from List B and one document from List C as listed onthe "Lists of Acceptable Documents" on the next page of this form. For each document you review, record the following information: document title,issuing authority, document number, and expiration date, if any.) Certification I attest, under penalty of perjury, that (1) I have examined the document(s) presented by the above-named employee, (2) theabove-listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge theemployee is authorized to work in the United States.The employee's first day of employment(mm/dd/yyyy):(See instructions for exemptions.) Date(mm/dd/yyyy)Signature of Employer or Authorized RepresentativeTitle of Employer or Authorized RepresentativeEmployer's Business or Organization Address(Street Number and Name)Last Name(Family Name)Employer's Business or Organization NameFirst Name(Given Name)City or TownZip CodeState Section 3. Reverification and Rehires (To be completed and signed by employer or authorized representative.) A.New Name(if applicable)C.If employee's previous grant of employment authorization has expired, provide the information for the document from List A or List C the employeepresented that establishes current employment authorization in the space provided below.B.Date of Rehire(if applicable)(mm/dd/yyyy):Document Title:Document Number:Expiration Date(if any)(mm/dd/yyyy):Signature of Employer or Authorized Representative:Date(mm/dd/yyyy): I attest, under penalty of perjury, that to the best of my knowledge, this employee is authorized to work in the United States, and ifthe employee presented document(s), the document(s) I have examined appear to be genuine and to relate to the individual. Middle InitialFirst Name(Given Name)Last Name(Family Name)Issuing Authority: Document Number:Document Title: Document Number:Issuing Authority: List AORANDList BList C Document Number:Document Title:Expiration Date(if any)(mm/dd/yyyy):Document Title:Issuing Authority:Expiration Date(if any)(mm/dd/yyyy):Document Title:Issuing Authority:Expiration Date(if any)(mm/dd/yyyy):Expiration Date(if any)(mm/dd/yyyy):Expiration Date(if any)(mm/dd/yyyy):Identity and Employment AuthorizationIdentityEmployment AuthorizationDocument Number: Print Name of Employer or Authorized Representative:3-D BarcodeDo Not Write in This Space
©SHRM 20086 Section 2 Completed by the hiring department. Sample Form I-9 Section 3 Used to update and reverify eligibility of employment.
©SHRM 20087 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 U.S. Passport Card 2.Permanent Resident Card or Alien Registration Receipt Card (Form I-551) 3.Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine readable immigrant visa 4.Employment Authorization Document that contains a photograph (Form I- 766) 5.For a nonimmigrant alien authorized to work for a specific employer because of his or her status: a.Foreign passport; and b.Form I-94 or Form I-94A that has the following: (1)The same name as the passport; and (2) AN endorsement of the alien’s nonimmigrant status as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form. 6. Passport from the Federated Stats 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
©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: 1. Driver’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. 2. School ID card with a photograph. 3. Voter’s registration card. 4. U.S. military card or draft record. 5. Military dependent’s ID card. 6. Driver’s license issued by a Canadian government authority.
©SHRM 2008 Section 2 Acceptable Documents: List B, con’t. For persons under age 18 who are unable to present a document listed above: 7. U.S. Coast Guard Merchant Mariner Card. 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. 9. Native American tribal document. 10. School record or report card. 11. Clinic, doctor, or hospital record. 12. Daycare or nursery school record. If a person under age 18 cannot provide a List B document, their parent or legal guardian can complete section 1 for them, and enter “Under age 18” in the signature block. Parent also completes the Preparer/Translator block. 12
©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. 2. Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545). 3. Certification of Report of Birth issued by the U.S. Department of State (Form DS-1350). 4. Identification Card for Use of Resident Citizen in the United States (Form I-179). 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. 6. Native American tribal document. 7. U.S. Citizen Identification Card (Form I-197). 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. Enter the last day the receipt is valid in the Expiration Date field. 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 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 their authorization to work in the U.S.
©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 200824 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 200828 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 200829 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 200831 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 200832 Questions? Comments?
©SHRM 200833 Questions? Comments? Further questions or comments can be directed to the Human Resources Department
©SHRM 200834 Sources Form I-9 Employers’ Handbook http://www.uscis.gov/USCIS/Verification/E-Verify/E- Verify_Native_Documents/E- Verify%20Manuals%20and%20Guides/M-274-Handbook- for-Employers.pdf Form I-9 http://www.uscis.gov/files/form/i-9.pdf
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