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I-9’s and E-Verification: Information You Need to Know

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Presentation on theme: "I-9’s and E-Verification: Information You Need to Know"— Presentation transcript:

0 FastFacts Feature Presentation
April 12, 2012 We are using audio during this session, so please dial in to our conference line… Phone number: Participant code: © 2012 The Johns Hopkins University. All rights reserved.

1 I-9’s and E-Verification: Information You Need to Know
Today’s Topic We’ll be taking a look at… I-9’s and E-Verification: Information You Need to Know 1

2 Today’s Presenter Andrew B. Greenfield Partner in the Law Firm Fragomen, Del Rey, Bernsen & Loewy, LLP 2

3 Session Segments Presentation Q&A
Andrew will discuss important information related to I-9 processing and E-Verification. During Andrew’s presentation, your phone will be muted. Q&A After the presentation, we’ll hold a Q&A session. We’ll open up the phone lines, and you’ll be able to ask questions. Anne will answer as many of your questions as time allows. 3

4 Contact Us If you would like to submit a question during the presentation or if you’re having technical difficulties, you can us at: You can also send us an instant message! GoogleTalk – AOL Instant Messenger – HopkinsFastFacts MSN – As noted earlier, we will be watching out for your questions and concerns through our account: We will also be monitoring three instant message services during the presentation. So you can communicate with us on GoogleTalk, AOL Instant Messenger, and Microsoft’s MSN product. For GoogleTalk, the screen name is On AOL Instant Messenger, the screen name is HopkinsFastFacts On MSN, use Remember, you can use these services for your questions and to report any difficulties you might be having with the system. 4

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6 Survey At the end of this FastFacts session, we’ll ask you to complete a short survey. Your honest comments will help us to enhance and improve future FastFacts sessions. 6

7 Form I-9 Compliance Training for Johns Hopkins University
April 2012 Form I-9 Compliance Training for Johns Hopkins University

8 Your immigration legal team at Fragomen:
Andrew Greenfield (202) Dan Williamson (202)

9 Fragomen Immigration Support
Visa/work permit sponsorships H-1B, L-1, TN, O-1, others Global Mobility Local hires US Residency “green card” sponsorship Compliance I-9 E-Verify H-1B/LCA alerts

10 I-9 Compliance - History
1986 Amnesty I-9 requirement All employers must complete form properly Check identity and employment authorization Knowing hires prohibited Concerns about discrimination Antidiscrimination laws

11 Why Compliance Matters
It’s the law! Civil penalties Criminal penalties Negative PR E-Verify participation 3-part compliance strategy I-9 Training Ensure I-9’s for all employees Sample audit of I-9’s to ensure compliance

12 Current Civil Penalties
Violations of I-9 requirements (paperwork): $110 - $1,100 per I-9 Consideration given to history of compliance, size of business and good faith of the employer Knowingly hired or continuing to employ $375 - $3,200 per unauthorized employee (1st offense) $3,200 - $6,500 (2nd offense) $4,300 - $16,000 (subsequent offenses) Debarment from government contracts for “knowingly employing an unauthorized worker”

13 Form I-9 Completion Form I-9 must be completed for all new hires including temporary or part-time employment Form I-9 must be completed for all employees working in the U.S., even if on payroll abroad Form I-9 not required for independent contractors Form I-9 not required for pre-11/7/86 hires (“grandfathered” employees) Do not I-9 employees working outside the U.S. or outside its territories Be sure to use current version of I-9 form “08/07/09” at bottom right-hand corner of form

14 Form I-9 Completion Physical presence of employee required
Must provide employee with I-9, list of acceptable documents and instructions You must see original documents Documents must be Unexpired when presented Attach photocopies of documents (recommended) If using E-Verify, then must keep copies of documents reviewed for photo-matching tool

15 Discrimination Violations
Document Abuse occurs when certain employees or applicants are subject to more stringent verification measures than necessary to verify that they are eligible to work in the United States Citizenship Status Discrimination occurs when individuals are not hired or are fired because of their real or perceived immigration or citizenship status, or because of their type of work authorization National Origin Discrimination employer treats an employee or applicant differently during the hiring and firing process because of his or her place of birth, country of origin, ancestry, native language, accent or because the individual is perceived as looking or sounding foreign Retaliation ex.: employee terminated for filing complaint

16 “Protected Class” Includes:
U.S. Citizens or Nationals Permanent Residents Refugees Asylees Temporary Residents under the legalization program (Special Agricultural Worker or amnesty applicant)

17 Form I-9 Completion Section 1 must be completed by employee on, or before, the first day of work once the job offer has been accepted Section 2 must be completed within three business days from the date employment begins Section 3 reverification must be completed on, or before, temporary employment authorization expires

18 Form I-9 18

19 List of Acceptable Documents

20 Tips for Section 1 Section 1 must be completed by employees on or before first day of hire even if they don’t have their documents. Ensure that employee checks box, and signs and dates the form. If employee checks box 3 (A Lawful Permanent Resident), A # must be entered. If employee checks box 4 (An alien authorized to work), expiration date and A# or I-94 number must be entered. Asylees/refugees will not have an expiration date

21 Most Common Errors on Section 1
Name in wrong order Address incomplete Social Security # field blank (not required except for E-Verify employers) Attestation not checked or incomplete, data on wrong line Signature missing Date missing Date of birth instead of current date 1 2 3 4 5 6 & 7

22 Tips for Section 2 Section 2 must be completed by company representative within 3 business days from date of hire Same deadline for E-Verify query, if applicable May use agent for employees on-boarded remotely, but liability remains with employer Verification of IDENTITY and WORK AUTHORIZATION New hire must be physically present Company representative must review ORIGINAL DOCUMENTS UNEXPIRED documents only

23 Receipt Rule Employee must already have work authorization
May only accept receipt for replacement document that was lost, stolen, or damaged May not accept receipt for extension of EAD Must see original of replacement document within 90 days of hire (docket this date)

24 Requesting Extensions of Stay for NIV Categories “The 240-Day Rule”
Employees in certain NIV categories (i.e., H-1B, E-1, etc) may continue to work during a 240-day "grace period“ after filing extension of status request (on I-129) Employment authorization ends immediately if USCIS denies the extension of status request Reverification necessary at earlier of: approval of extension request, or end of 240-day period Best practices: Retain with existing Form I-9: A copy of the new Form I-129; Proof of payment for filing a new Form I-129; Evidence that you mailed the new Form I-129; and Receipt of filing of new Form I-129 issued by USCIS Write on the margin of the I-9 next to Section 2 “240-Day Ext.” and the date the Form I-129 was submitted to USCIS

25 Most Common Errors on Section 2
Columns A, B, or C left blank even with copies attached Column B & C documents reversed Document number missing Document expiration date missing Date of hire missing Certification not signed 1 2 3 4 5 6

26 Reverification Required for almost all “Box 4” employees (An alien authorized to work) and certain “Box 3” employees (A Lawful Permanent Resident) Establish tickler system of expiration dates Record expiration date shown in attestation section Should match expiration date recorded in Section 2 Ok to question employee if there is a discrepancy Send employee memo 120 days in advance Only need to see List “A” or List “C” document Record new expiration date in tickler system 90 day receipt rule applies

27 Special Reverification Issues
US passports and “green cards” (Form I-551: “Permanent Resident” or “Resident Alien”) Must be unexpired when presented, BUT should NEVER be re-verified Lawful Permanent Residents with alternate documents I-551 stamp with photo on I-94 card I-551 printed notation on a machine-readable immigrant visa Expired Form I-551 with DHS notice that status extended By expiration date or one year if no expiration date Always reverify by expiration date in Section 1, box 4 (An Alien authorized to work) Should match expiration date recorded in Section 2 Ok to question employee if there is a discrepancy Asylees/refugees may write “n/a”

28 Form I-9 – Section 3

29 Most Common Errors on Section 3
Reverification not completed in a timely manner Document provided was not acceptable or inadequately described Over-documentation (do not reverify identity) Employer signature or date missing NOTE: if the version of the I-9 form used initially has since expired, then you must re-verify using a current I-9 form, including a current list of acceptable documents.

30 Document Tips I-9 documents must be unexpired when presented
2 exceptions Expired Form I-766 with evidence of TPS (C-19) or OPT extension Expired Form I-551 with DHS notice that status extended ID card must be issued by a federal/state/local government agency Voter’s registration card need not have photo to confirm identity (unless you are using E-Verify) Social Security card not acceptable for work authorization if it contains notation “Not Valid for Employment” or “Valid with INS [or DHS] Authorization only” Social Security card not acceptable if laminated and reverse side indicates that not valid if laminated Birth certificate must be issued by state or local government authority (not hospital issued)

31 Special Rules for E-Verify
Employee must provide Social Security Number on I-9 in Section 1 If list B document presented, it must have a photo Must keep copies of documents if using E-Verify and photo-matching tool applies Currently US passport, Permanent Resident Card (Form I-551), EAD (Form I-766) Fragomen recommends keeping copies of all documents reviewed New employees only, unless obligated to use E-Verify as a federal contractor, in which case existing employees performing services under the contact must also be run through E-Verify

32 Retention Obligations
Employer must have a Form I-9 for every current employee (unless they were hired prior to November 7, 1986). Following employee’s termination, employer must retain I-9 for the later of: 3 years from the date of hire or 1 year after the date of termination

33 Correcting Forms I-9 Make corrections on original Form I-9
Initial and date all corrections Employees should make corrections to Section 1 HR can make corrections to A#, Admission # and expiration date in attestation if copies attached Do not back date Do not use correction fluid Cross-outs (but not black-outs) are OK

34 Correcting I-9s for Terminated Employees
A#s and Admission #s & expiration dates if copies attached Document information in Section 2 if copies attached Date of hire Company name and address Reverification if copies attached

35 Examples of Substantive Violations
Violations will incur fines Missing I-9 Late completion of I-9 (but better than no I-9!) Employee name missing Failure of employee to check a box in Section 1 Failure of an employee to sign Section 1 Improper document(s) accepted Section 2 not signed or completed Section 3 not completed or signed if applicable

36 Examples of Technical Violations
Maiden name, address or date of birth missing No A#, admission number or expiration date in attestation section of box 3 or 4 checked, if copies of documents attached Not dated or if date of hire missing Document information incomplete (if copies attached) No title, business name or address Employer signature not dated

37 Samples of Corrected I-9s




41 Sample I-9s and Documents

42 Sample I-9 for U.S. Citizen
1 2

43 US Passport Passport Number Expiration Date 1 2

44 Sample I-9 for a Permanent Resident
1 2

45 Permanent Resident Card
Document Number Expiration Date 1 2

46 Sample I-9 for Foreign National in Non Immigrant Status H, L, O, E
1 2

47 Unacceptable Document
I-94 Form Admission (Departure) Number Expiration Date 1 2 Acceptable Document Unacceptable Document

48 H-1B Portability An H-1B worker may start working for a new company while the H-1B change of employer petition is pending so long as the following criteria are met: Foreign national entered legally Foreign national hasn’t worked without authorization Foreign national is maintaining valid status (i.e. still employed) on the day of the COE petition is received by CIS Non-frivolous petition is filed before I-94 card expires

49 Sample I-9 for H-1 Portability
Current version of Handbook for Employers requires only annotation on the form that employee is portable under AC-21 and that new petition was filed. Best practice is to have some documentation that new I-129 has been received by USCIS.

50 Sample I-9 for F-1 Curricular Practical Training
I-94 Departure Number Expiration date of CPT from I-20 form 1 2

51 I-94 Evidencing Admission of F-1 Student in Duration of Status

52 Form I-20 1 Document number

53 Form I-20 Expiration date 2

54 Sample I-9 for F-1 Optional Practical Training

55 Employment Authorization Card (EAD)
Alien Number Document Number Expiration Date 1 2 3

56 Sample I-9 for J-1 Nonimmigrant Status
I-94 Admission (Departure) Number Expiration date on DS-2019 form 1 2

57 Form DS-2019 Document number
Expiration date as I-94 will show D/S (duration of stay) 2

58 Reverification 1 2

59 I-94 Extension Document Number Expiration date 1 2

60 Receipt for Lost, Stolen, or Damaged Document

61 For More Information US Citizenship and Immigration Services Department of Homeland Security U.S. Embassy and Consulate Information (DOS) Department of Labor Social Security Administration (SSA) E-Verify I-9 Employer Handbook

62 Q&A We’re going to open the phone lines now!
There will be a slight pause, and then a recorded voice will provide instructions on how to ask questions over this conference call line. We’ll be answering questions in the order that we receive them. We’ll also be answering the questions that were ed to us during the presentation. If there’s a question that we can’t answer, we’ll do some research after this session, and then the answer to all participants. 62

63 Thank You! Thank you for participating!
We would love to hear from you. Are there certain topics that you would like us to cover in future FastFacts sessions? Would you like to be a FastFacts presenter? Please us at: 63

64 Survey Before we close, please take the time to complete a short survey. Your feedback will help us as we plan future FastFacts sessions. Click this link to access the survey… Thanks again! 64

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