Presentation on theme: "Employment Eligibility Verification I-9 Form PURPOSE All U.S. employers must verify employment eligibility* Identity of all employees hired to work after."— Presentation transcript:
Employment Eligibility Verification I-9 Form PURPOSE All U.S. employers must verify employment eligibility* Identity of all employees hired to work after November 6, 1986 Implement law by completing Employment Eligibility Verification (I-9 Form) for all employees, including U.S. citizens * Source information - Immigration Reform and Control Act
Employment Eligibility Verification Frequently Asked Questions Do citizens and nationals of the U. S. need to prove to their employers that they are eligible to work? Yes Citizens and nationals of the U.S. are automatically eligible for employment Still must present proof of employment eligibility and identity Must complete I-9 Form (Employment Eligibility Verification) Is completion of the I-9 Form required for everyone who applies for a job at Miami Dade College? No Complete I-9 Form only for people you actually hire
Employment Eligibility Verification Frequently Asked Questions When must the I-9 Form be completed? Within three (3) business days of the start of employment Can an employee be terminated if he/she fails to produce the required document(s) within three (3) business days of the date employment begins? Yes If he/she fails to produce the required document(s) or a receipt for a replacement document(s) in the case of lost, stolen or destroyed documents
Who Must Complete an I-9 Form? Every U.S. employer must have an I-9 Form on file for each new employee Exceptions: o Employees hired before November 6, 1986, and continuously employed by the same employer o Workers provided to employers by individuals or entities providing contract services o If there is a break in service (e.g. retiree), an I-9 Form is required upon rehire Employers may re-verify information of an employee rehired within 3 years of the date of the initial execution of the I-9 Form, as an alternative to completing a new I-9 Form
Employee’s Responsibility Regarding I-9 Form New employee must complete Section 1 (Employee Information and Verification) of the I-9 Form no later than close of business on his/her first day of paid work They must attest to their status by checking the applicable box: o Citizen/national of the United States o Lawful permanent resident with a “green card” o Alien authorized to work in the United States until a specified date Note – Certain aliens, such as asylees and refugees, are work authorized incident to their status and may not have an expiration date to fill-in for the bottom box of the attestation block in Section 1
Employee’s Responsibility Regarding I-9 Form Employee’s signature holds him/her responsible for the accuracy of the information provided He/she must provide proof of employment eligibility documentation Employee is entitled to submit a document or combination of documents of his/her choice If refuse to provide signature or attestation, do not proceed nor employ individual
Responsibility of Translator or Preparer I-9 Form is available in English only Employee may have assistance Translator/preparer must also sign, date and provide requested information (Section 1)
Employer’s Responsibility Regarding I-9 Form Employer ensures completion of the entire form Must be completed no later than close of business on the employee’s third day of employment upon date of hire Employer is responsible for ensuring that the employee completes Section 1 in full Employer must complete Section 2 (Employer Review and Verification)
Original Documents Only Employer must personally review original document(s) that demonstrate an employee’s identity and eligibility to work in the United States Photocopies, or numbers representing original documents, are not acceptable o Exception: a certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the U.S. bearing an official seal is acceptable All identifying information, including the document title, the issuing authority, the document number, and/or the expiration date (if applicable) must be provided in full
Questions About Genuineness of Documents Employers are not required to be document experts Employers are held to a reasonableness standard when reviewing documents presented Employers are not permitted to request more or different documents than are required or to refuse to honor documents tendered that on their face reasonably appear to be the genuine and to relate to the individual presenting the document Only original documents must be presented for review Single exception - certified photocopy of a birth certificate
Receipt Rule Receipts may be used in lieu of original documents in the I-9 process if: An individual’s document has been lost, stolen or damaged, then he/she can present a receipt for the application for a replacement document o The replacement document needs to be presented to the employer within 90 days of hire or, in the case of re- verification, the date employment authorization expires The Form I-94 with a refugee admission stamp is acceptable as a receipt for 90 days, within which time the employee must present an unrestricted Social Security card together with a List B identity document
Copying of Documentation Employer may copy a document (front and back) presented by an individual solely for the purpose of complying with the I-9 verification requirements All copies must be retained with the I-9 Form Copying of any such document does not relieve the employer from the requirement to fully complete Section 2
Restricted Social Security Accounts (SSA) and Other Cards SSA “Valid only with INS (or DHS) Authorization” card – issued to aliens who present proof of temporary work authorization; these cards do not satisfy the I-9 Form requirements Internal Revenue Service (IRS) Individual Taxpayer Identification Numbers (ITINs) – issued to aliens dealing with tax issues. An Individual Taxpayer Identification Number card is NOT employment eligibility verification
Where Reverification is NOT Required Permanent Residence Cards (also known as Alien Registration Receipt cards, Form I-551, Resident Alien Cards, Permanent Resident Cards, or “Green Cards”) are issued to lawful permanent residents and conditional resident and should not be re-verified when the cards expire
Discrimination The law protects certain individuals from unfair immigration- related employment practices of a U.S. employer, including refusal to employ based on a future expiration date of a current employment authorization document
Missing I-9 Forms An employer who discovers that an I-9 Form is not on file for a given employee must request the employee to complete Section 1 of an I-9 Form immediately and submit documentation as required The new form should be dated when completed – never post -dated When an employee does not provide acceptable documentation, the employer must terminate employment or risk being subject to penalties for “knowingly” continuing to employ an unauthorized worker if the individual is not in fact authorized to work
Discovering an Unauthorized Employee An employer who discovers that an employee has been working without authorization should re-verify work authorization by allowing such an employee another opportunity to present acceptable documentation and complete a new I-9 Form If employers know or should have known that an employee is unauthorized to work in the U.S., they may be subject to serious penalties for “knowingly continuing to employ” an unauthorized worker
Completing the Form – Section 1 This information must be completed by the Employee
Completing the Form – Section 2 This information must be completed by the Employer
Completing the Form – Section 3 This information must be completed by the Employer
Sample Document from List A United States Passport Issued by the Department of State to U.S. citizens and nationals.
Sample Document from List A Unexpired Foreign Passport with I-551 Stamp or attached INS Form I-94 indicating unexpired employment authorization
Sample Document from List A Permanent Resident Card or Alien Registration Receipt Card (Resident Alien Card) I-551 Issued by DHS after March 1977, to lawful permanent resident aliens. Although this card is no longer issued, it is valid indefinitely. This card is commonly referred to as a “green card” and is the replacement for the Form I-151. This version is white with a blue logo.
Sample Document from List A Employment Authorization Document (Form I-766) Issued to aliens authorized to work temporarily in the U.S. Contains a photograph.
Sample Document from List A I-94 Arrival/Departure Record Arrival-departure record issued by DHS to nonimmigrant aliens. An individual in possession of the departure portion of this document may only be employed if the document bears an “employment authorization” stamp or employment incident to the nonimmigrant classification is authorized with a specific employer.
I-20 ID Card Accompanied by a Form I-94 The Form I-94 for F-1 nonimmigrant students must be accompanied by an I-20 Student ID endorsed with employment authorization by the Designated School Official for off-campus employment or curriculum practical training. DHS will issue Form I-688B to all students authorized for a post-completion practical training period.
Sample Document from List B Sample Driver’s License A driver’s license issued by any state or outlying possession of the U.S. (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Mariana Island, and American Samoa) or by a Canadian government authority is acceptable is it contains a photograph or other identifying information such as name, date of birth, sex, height, color of eyes and address.
Sample Document from List C Social Security Card There are many versions of this card. (other than one stating “NOT VALID FOR EMPLOYMENT,” metal or plastic reproductions, or certain laminated cards.)