Presentation on theme: "Employment Eligibility Verification for New Hires (Form I-9)"— Presentation transcript:
1Employment Eligibility Verification for New Hires (Form I-9) Office of Human ResourcesTexas Woman’s University
2Objectives of I-9 Training Be able to complete a Form I-9Be aware of common mistakes when completing Form I-9Be aware of acceptable and unacceptable documentation
3An I-9 OverviewSince November 7, 1986, employers are required to verify the identity and employment authorization of each person they hire to perform labor or services in the United States in return for wages or other remunerationEmployers participating in the Everify system to verify an employee’s authorization to work in the U.S. must complete new I-9’s upon an employee’s hire or rehireEmployers must retain the Form I-9 and make it available to the government for inspection upon request
4Who Must Complete a Form I-9? ALL employees paid through TWU’s payroll.This includes:Regular staff employeesRegular faculty membersAdjunct faculty membersTemporary staff employeesStudent employeesGraduate Assistants
5Employers Must Verify Employment Authorization and Identity of New Employees verify the identity and employment authorization of each person hired,complete and retain a Form I-9, Employment Eligibility Verification, for each employee,and refrain from discriminating against individuals on the basis of national origin or citizenship,have a Form I-9 for every employee hired after November 6, 1986.
7When a Form I-9 Must Be Completed? Section 1Section 2Have the employee complete Section 1 anytime after accepting the job offer and his or her first day of work for pay by filling in the correct information and signing and dating the form. We are responsible for reviewing and ensuring that our employee fully and properly completes Section 1.The employee must present an original* document or documents that show his or her identity and employment authorization within three business days of the date employment begins. *one exception to original document is a certified birth certificate Section 2 Must be fully completed within 3 business days of the hire. Note: if the employee is hired for less than three days, then the verification must take place on day 1.
8Failure to Complete the Form I-9 We cannot continue to employ 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.Reminder: if the employee is hired for less than three days, then the verification must take place on day 1.
9When Completing the I-9… Use typewriter or print in inkDo not use white-outCross out any errors, insert the correctinformation, and initial and date the correction
10Who Must Complete a Form I-9? Section 1Employee InformationSection 2Employer Reviewand VerificationCompleted by the employee, but HR or a designated University representative must verify that information is accurate and correct.Completed by the employer (or notary).
11Section 1: Employee Information and Verification Employee enters full name and maiden or other name, if applicable.Employee enters current physical address and date of birth.Employee enters his/her city, state, zip code, and social security number. Entering the social security number is not optional as TWU participates in EVerify.address and telephone number are optional.Employee reads warning and attests to his/her citizenship or immigration status by checking the appropriate box. If alien box is marked, include alien or admission number and expiration date, as applicable.Employee signs and dates the form.
12Common Errors Seen in Section 1: Employee used PO Box, rather than a physical address.Employee address on incorrect line.Employee failed to include date of birth.Employee wrote social security number incorrectly, or failed to include.Employee failed to mark status, or marked status incorrectly.Employee not including alien number or expiration date.Employer retaining copy of Permanent Resident Card, Social Security card, etc. when not used as documentation in Section 2.Employee did not sign / date on correct line.Employee used date of birth for signature date.
13Preparer/Translator Certification Section 1 Only complete if Section 1 is prepared by a person other than the employee. A preparer/translator may be used only when the employee is unable to complete Section 1 on his or her own.The translator must complete section with personal information (no PO Box).The employee must still sign Section 1 personally.
14Who Should Complete the Form I-9? Section 2 Section 2: Only designated University representatives should complete Section 2 on behalf the University.
15Section 2: Employer Review and Verification 1. Records document title(s), issuing authority, document number, and the expiration date from original documents supplied by employee. See the List of Acceptable Documents. NOTE: You may use abbreviations for commonly used documents, e.g., DL for driver’s license and SS for Social Security.2. Employer enters date employment began.3. Employer attests to examining the documents provided by completing the signature block. If a designated agent or notary public completes this section, he or she must provide TWU’s name and address under his or her signature.
16Common Errors When Completing Section 2: Correct documentation not entered in correct column (list A document listed in List B area, etc.)Correct info not listed on correct line.Issuing authority not listed correctly. (For example, the social security card may be listed by three different agencies: SSA, Dept. of Health and Human Services, and Dept. of Health, Education and Welfare). A Passport may be issued by different authorities, such as Houston Passport Agency, US Department of State, etc.).Correct documentation not provided. (For example, a VISA recorded as a foreign passport, or a social security card that states “not valid without DHS authorization.”)The Employer did not print name, or include TWU’s name or street address.
17Employees Working Remotely Occasionally, an employee will work from a remote location. Please remember that all employees who will be working from out-of-state must have Payroll approval to be hired.If the employee is unable to come to HR to complete the I-9, an Authorized Agent may assist the employee in completing the form.An approved agent may be a Notary, Accountant, HR personnel, Attorney, Foreman, Etc.
18Instructions for Authorized Agent Completing Form I-9 Employee completes Section 1.Employee provides Agent with documentation from either List A or List B and C.Agent makes a copy of front and back of documentation provided.Agent completes Section 2.Agent completes Authorized Representative section. The Agent should sign the area, print name, and list title. TWU’s information should be included in company name and address section, then agent should date the form.Agent completes Agent Authorization form below, and attaches to I-9, along with copies of documentation.Employee returns ORIGINAL I-9 to HR Department.AGENT AUTHORIZATIONTexas Woman’s University hereby appoints ______________________________ ("Agent") solely for the purpose of examining the original documentation required on the Employment Eligibility Verification I-9 Form, accurately recording such information thereon and executing such I-9 Form on behalf of TWU for the benefit of ________________________________.(TWU Employee-Print Name)Agent hereby accepts such appointment: ______________________________ _____________________Agent’s signature DateThis form must accompany the I‐9 with the Agent’s signature and date.
19Acceptable Documents for Form I-9 The employee must present an ORIGINAL document to establish both his/her identity and employment eligibility. Some documents establish both identity and employment eligibility. Do not accept a photocopy of a document other than a certified copy of a birth certificate. These are found in List A on the back of the Form I-9. Any ONE document from List A will satisfy both requirements. However, if the employee does not produce one of the documents from List A, he or she must produce two documents: one from List B and one from List C. List B establishes identify and List C establishes an employee’s employment eligibility (List C).
20Acceptable Documentation The following slides show the most recent versions and representative images of some of the various acceptable documents. These images can assist in the review of the acceptable documents. These examples are not comprehensive of all acceptable documentation. For any questions regarding documents, contact Susan Ferbend or Lisa Taylor in Human Resources atKeep in mind that USCIS does not expect us to be document experts. We are expected to accept documents that reasonably appear to be genuine and to relate to the person presenting them. If the document does not appear genuine, it can be rejected and the employee may be asked to provide another document.
21Deciding If Documents are Real Employers are not required to be document expertsEmployers should accept a document if it appears to be:GenuineIf it relates to the person who presented itCopies are unacceptable, with the single exception of a certified photocopy of a birth certificate
22Documentation: Things to Remember Our policy is to photocopy the front and back of the documents presented and attach them to the Form I-9.ALL DOCUMENTS must be UNEXPIRED. This includes U.S. Passports and List B documents with an expiration date.Do not specify which documents an employee must produce.You may suggest what others have presented in the past, but it is important that you refer the employee to the Form I-9 to review which documents are acceptable. You must make them aware that any document or combination of documents that meets the minimum requirement will suffice.Do not accept additional documentation. For example, if an employee presents a social security card and a U.S. passport- we will accept only the U.S. passport because this meets the requirement for the I-9. However, we will require the social security number for E-Verify.Collecting additional documentation from some employees and not others could be viewed as a discriminatory practice and should be avoided.
23LIST AU.S. Passport or U.S. Passport CardPermanent Resident Card or Alien Registration Receipt Card (Form I-551)Foreign passport that contains a temporary I-551 stamp or temporary I- 551 printed notation on a machine- readable immigrant visaEmployment Authorization Document that contains a photograph (Form I-766)Passport from the Federated States of Micronesia (FSM) or the Rep0ublic 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 RMIFor a nonimmigrant alien authorized to work for a specific employer because of his or her status:Foreign passport; andForm I-94 or Form I-94A that has the following:1 The same name as the passport; and2 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 limitation identified on the form
24U.S. Passport LIST A U.S. Passport Card The U.S. Department of State issues the U.S. passport to U.S. citizens and noncitizen nationals. There are a small number of versions still in circulation that may differ from the main versions shown here.U.S. Passport CardThe U.S. Department of State began producing the passport card in July It is a wallet sized card that can only be used for land and sea travel between the United States and Canada, Mexico, the Caribbean, and Bermuda.LIST A
25Other examples of the card. Permanent Resident Card (Form I-551)On May 11, 2010, USCIS began issuing the newly redesigned Permanent Resident Card, also known as the Green Card, which is now green in keeping with its long-standing nickname. The card is personalized with the bearer’s photo, name, USCIS number, alien registration number, date of birth, and laser-engraved fingerprint, as well as the card expiration date.*Current Permanent Resident Card (Form I-551) front and backOther examples of the card.* Note that on the new card, shown above, the lawful permanent resident’s alien registration number, commonly known as the A number, is found under the USCIS # heading. The A number is also located on the back of the card.LIST A
26Older version Permanent Resident Card (Form I-551) front and back This most recent older version of the Permanent Resident Card shows the DHS seal and contains a detailed hologram on the front of the card. Each card is personalized with an etching showing the bearer’s photo, name, fingerprint, date of birth, alien registration number, card expiration date, and card number.Also in circulation are older Resident Alien cards, issued by the U.S. Department of Justice, Immigration and Naturalization Service, which do not have expiration dates and are valid indefinitely. These cards are peach in color and contain the bearer’s fingerprint and photograph.LIST A
27Alternate List A Documents The preceding are the most commonly presented of the List A documents. However, other Lisa A documents are acceptable. Please contact HR for instructions on viewing and documenting List A documents such as foreign passport, I-94 and I-20 for F1 Visa student employees.
29State-issued Driver’s License A driver’s license can be issued by any state or territory of the United States (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) or by a Canadian government authority, and is acceptable if it contains a photograph or other identifying information such as name, date of birth, gender, height, eye color, and address.Some states may place notations on their drivers’ licenses that state the card does not confirm employment authorization. For Form I-9 purposes, these drivers’ licenses, along with every other state’s, establish the identity of an employee.When presenting any driver’s license, the employee must also present a List C document that establishes employment authorization.LIST B
30State-issued ID CardAn ID card can be issued by any state (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) or by a local government, and is acceptable if it contains a photograph or other identifying information such as name, date of birth, gender, height, eye color, and address.Some states may place notations on their ID cards that state the card does not confirm employment authorization. For Form I-9 purposes, these cards, along with every other state’s, establish the identity of an employee. When presenting any state-issued ID card, the employee must also present a List C document that establishes employment authorization.LIST B
31Alternate List B Documents The preceding are the most commonly presented of the List B documents. However, other Lisa B documents are acceptable. Please contact HR for instructions on viewing and documenting other List B documents.
32LIST CA Social Security Account Number card, unless the card include one of the following restrictions:1 NOT VALID FOR EMPLOYMENT2 VALID FOR WORK ONLY WITH INS AUTHORIZATION3 VALID FOR WORK ONLY WITH DHS AUTHORIZATIONCertification of Birth Abroad issued by the Department of State (Form FS- 545)Certification of Report of Birth issued by the Department of State (Form DS- 1350)Native American tribal documentOriginal or certified copy of birth certificate issued by a State, county, municipal authority, or territory of the United States bearing an official sealU. S. Citizen ID Card (Form I-197)Identification Card for Use of Resident Citizen in the United States (Form (- 179)Employment authorization document issued by the Department of Homeland Security
33U.S. Social Security Account Number Card The U.S. Social Security account number card is issued by the Social Security Administration (older versions were issued by the U.S. Department of Health and Human Services or the Department of Health, Education and Welfare), and can be presented as a List C document unless the card specifies that it does not authorize employment in the United States. Metal or plastic reproductions are not acceptable.Example 1: UNRESTRICTED social security cards are valid for Work Authorization. These are issued to U.S. citizens and people lawfully admitted to the Unites States on a permanent basis.Example 2: RESTRICTED social security cards are NOT valid for Work Authorization. “Valid for Work Only with INS Authorization” OR “Valid for Work Only with DHS Authorization” show restrictions.LIST C
34Certifications of Birth Issued by the U.S. Department of State These documents may vary in color and paper used.All will include a raised seal of the office that issued the document, and may contain a watermark and raised printing.Certification of Birth Abroad Issued by the U.S. Department of State (FS-545)LIST C
35Birth CertificateOnly an original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States that bears an official seal is acceptable. Versions will vary by state and year of birth.Note: Beginning October 31, 2010, only Puerto Rico birth certificates issued on or after July 1, 2010 are valid. Refer tofor guidance on the validity of Puerto Rico birth certificates for Form I-9 purposes.Samples ofBirth CertificatesLIST C
36Alternate List C Documents The preceding are the most commonly presented of the List C documents. However, other Lisa C documents are acceptable. Please contact HR for instructions on viewing and documenting other List C documents.
37Unacceptable Documentation Remember: Do not accept documents that are not on theList of Acceptable Documents.
38no longer resembles person so is not acceptable Examples of Unacceptable DocumentationDocument cannot be altered.Outdated green card:no longer resembles person so is not acceptableUnacceptable documentNot Acceptable
39Acceptable Receipts for Documentation If the employee provides an acceptable receipt for documentation, record the document title in Section 2 of Form I-9 and write the word “receipt” and its document number in the “Document #” space.
40Receipts That Are Not Acceptable A receipt indicating that an individual has applied for an initial Employment Authorization Document (Form I-766) or for an extension of an expiring Employment Authorization Document (Form I-766) is NOT acceptable proof of employment authorization on Form I-9.Receipts are never acceptable if employment lasts fewer than three business days.
41Don’t Ask! Don’t Ask for More Documents Than Required Don’t Ask for “Immigration” DocumentsDon’t Ask for Documents Before Hiring DecisionDon’t Ask, “Are You A Citizen?”
42Important!If the new employee cannot produce ALL the proper documents, DO NOT sign the I-9 form.Ask the person to return with the correct documents promptly because . . .an employer is NOT to authorize a person to begin work if the person started more than 3 days prior to the date you are viewing the documents.
43For Further Information Or Questions Susan Ferbend, Sr. HR Generalist, RecordsLisa Taylor, HR Assistant to the Associate VP Human Resources