1 I-9 Completion for People Managers Hiring Manager Training Version January 2016

2 Agenda

3 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, This requirement is satisfied by having the new employees complete Form I-9. Form I-9 also is used to re-verify work authorization information for rehires and employees who renew their work authorization documentation. Compliance

4 Sample Form I-9 Section 1 Completed by the new employee. Completing the I-9

5 Section 2 Completed by the hiring manager. Section 3 Used to update and reverify eligibility of employment. Completing the I-9

6 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 or within three days of their first day of work. It 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 re-verification This section is used only to update or re-verify Form I-9. We generally do not ask managers to update or re-verify information. Completing the I-9

7  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.  The hiring manager is to 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). Completing the I-9

8 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 List A consists of documents that establish both identity and employment eligibility.

9 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.

10 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.

11 Q: May I accept a photocopy of a document presented by a new hire? A: 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. Q: Can I accept an expired document (passport, driver's license, etc.) to establish a new hire's identity for I-9 purposes? A: No. All documents MUST be unexpired at the time the I-9 form is completed. FAQ’s

12 Q: Can I refuse to hire a person who shows an employment authorization card that will expire in three months? A: 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. FAQ’s

13 Q: 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? A: No. You do not need to complete a new Form I-9 for employees who have been promoted or transferred. Q: 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? A: 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. FAQ’s

14 Q: 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? A: 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. FAQ’s

15 Appendix 1. Example of a Completed I-9

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