0. FastFacts Feature Presentation
April 12, 2012
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© 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.
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Anne will answer as many of your questions as time allows. 3

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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 Documents19

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. Citizen1 2

43. US Passport
Passport Number
Expiration Date 1 2

44. Sample I-9 for a Permanent Resident1 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, E1 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 Training2

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?
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64. Survey
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