Human Resources, Records I-9 and E-Verify Basics Human Resources, Records

I-9 and E-Verify Training For step-by-step training go to I-9 Resources on Human Resources webpage http://www.utexas.edu/hr/manager/hiring/i-9_checklist.html

Purpose of the Form I-9 Form I-9 is a federal compliance requirement The purpose of the form is to verify employee Identity Authorization to work in the United States Every new employee must complete an I-9. This includes faculty, staff, students, casual workers, and employees who will be paid by voucher. The I-9 form is a federal compliance requirement enforced by the United States Citizen and Immigration Services. The purpose of this form is to verify the identity of a new hire and document that the employee is authorized to work in the United States.

Penalties for Non-Compliance University and hiring department subject to Fines and criminal penalties Missed deadline or form completed incorrectly $110 to $1100 per form Incorrect documents $110 to $6500 per violation Discrimination, fraud, abuse $375 to $16,000 per violation Debarment from federal contracts Non-compliance with this federal regulation poses a significant risk to the University. The hiring manager, department, and the University are subject to fines and potential criminal penalties. Also, the entire University could be barred from federal contracts due to non-compliance in even one unit.

I-9 Section 1 Federal law University practice Employee completes Section 1 on the first work day Employees only! Don’t start the I-9 before hire University practice Complete the entire Electronic I-9 and submit E-Verify before the employee starts work The employee will enter personal information and citizenship status into Section 1. This section is to be completed no later than the first day of work, but please don’t wait! As soon as the new hire accepts employment, notify them of the I-9 requirement and ask them to bring in original, acceptable documents as discussed later in this presentation. If the employee arrives without acceptable documents, you can still complete Section 1 and complete Section 2 when the employee returns with the documents.

I-9 Section 2 Federal law University practice Employer views original, acceptable documents Completes Section 2 by third work day University practice Complete the entire Electronic I-9 and submit E-Verify before the employee starts work As an HR Contact or HR Contact Delegate, you will represent the University as the employer when signing Section 2. Federal law requires this section to be completed no later than the third work day. But again, don’t wait! It is University practice to complete the entire I-9 before the employee starts work.

I-9 Section 3 Used to extend or update authorization to work in the United States Federal requirements Record new authorization before previous one expires Separate the employee before authorization expires Employees who are not citizens of the United States sometimes have an expiration date to their authorization to work in the United States. Federal regulations require you to record a new work authorization document before the old one expires. You will use Section 3 to record the new information any time the person’s work authorization is changed or extended. It is important to ensure that the employee does not work after his or her work authorization expires.

What Are Acceptable Documents? You must view original documents Don’t request specific documents Take action when an employee cannot provide acceptable documents Person cannot be employed Contact HR Strategic Workforce Solutions Reinstate only when acceptable documents are produced You must view the original documents in person. Do not accept faxes, photocopies, or unsigned documents. If you are unsure, or if a document appears suspicious, you can contact the Records section of Human Resources for assistance. Do not request specific documents! The new hire must be allowed to choose from the List of Acceptable Documents. Requiring specific documents or asking for more than is necessary can be interpreted as discrimination. It is against federal regulations to employ a person without a valid I-9 on file. If the employee has already started work, but cannot provide the required documents, contact Human Resources Strategic Workforce Solutions (SWS) immediately.

List of Acceptable Documents Page 9 of the paper I-9 http://www.uscis.gov/sites/default/files/files/form/i-9.pdf I-9 Resources page on HR website http://www.utexas.edu/hr/manager/hiring/i-9_checklist.html I-9 Central on USCIS website http://www.uscis.gov/i-9-central Become familiar with the List of Acceptable Documents on page 9 of the paper form and on the Human Resources website. An excellent resource for questions about Acceptable Documents is the I-9 Central page provided by USCIS. Even when using the electronic I-9, you will need to know which documents are acceptable.

Foreign Passport Acceptable Documents A foreign passport must accompany an I-94 If “Admit Until Date” says D/S, a third document is required Third document must list UT Austin as employer Usually I-20 or DS2019 Record all three documents in Section 2 Employment Authorization (Green) Card Does not require additional documents Note that a foreign passport only shows the person’s identity and always requires additional documentation to show that the person is authorized to work in the United States. When using the foreign passport for I-9 purposes, it must be accompanied by an I-94 form. Some I-94 forms have an expiration or “Admit Until” date. In that case, you only need to record the passport and I-94. When the I-94 says D/S instead of an expiration or Admit Until date, there will be a third document to show what day the work authorization expires. This is generally an I-20 or DS2019 showing UT Austin as the authorized employer until a specific date. Use the expiration date of the I-20 or DS2019 as the expiration of the I-94 as well, and record all three documents in Section 2.

Foreign Passport Acceptable Documents I-94 showing D/S. A third document is needed to show authorization to work at UT This I-94 says D/S, which means “duration of status.” You will need to see a third document to know the date until which the person is authorized to work. Typically, the employee will have a DS 2019 or an I-20. It will say that the person is authorized to work at a specific employer until a specific date. Note that the DS2019 or I-20 must show UT Austin as the approved employer.

Common Document Mistakes Enter I-20 or DS 2019 I-94 “admit until” date is D/S Use expiration date from I-20/DS2019

Common Document Mistakes The USCIS Number is entered by the employee in Section 1 under “I-94/Alien #:” The Category Card# and expiration date is entered under Section 2 by the employing department Employment Authorization Card (EAD)

Common Document Mistakes SSN card with restrictions is not an acceptable List C document NOT VALID FOR EMPLOYMENT VALID FOR WORK ONLY WITH INS AUTHORIZATION VALID FOR WORK ONLY WITH DHS AUTHORIZATION A social security card which has any of these phrases stamped on the face of it cannot be used when completing the I-9. The person will need to present something from List A, or another combination of documents from List B and List C. Only an original, certified copy of the person’s birth certificate is acceptable. This would always be issued by a state, city, or territory of the United States. Don’t accept a baptismal certificates or the hospital certificate with little footprints.

Common Document Mistakes Be prepared to scan and upload a copy if the employee presents US Passport or Passport Card Employment Authorization Document (I-766) Permanent Resident Card (I-551) The E-Verify program requires us to keep a photocopy of the US Passport, Employment Authorization Card, or Permanent Resident Card. This is only required if the employee presents the card for completion of the I-9. Do not make copies of any other documents used in the I-9 process. Over-documentation is a serious risk and can appear that you have asked a person to present more documents than were required.

No Social Security Number US Citizens must have an SSN at hire Non-citizens with no SSN – don’t wait! I-9 must be completed at hire Use zeros in the SSN field Section 2, click “Save” then do not click “E-Verify” Complete E-Verify as soon as the person receives an SSN Any US Citizen must be able to provide a Social Security Number before they can be employed. Do not accept a document saying that the person has applied for an SSN. International employees, on the other hand, often do not have an SSN until they have worked in the United States. However, the I-9 must be completed by the third work day. You can start the I-9 by entering zeros into the SSN field. Save the form instead of submitting it to E-Verify. When the employee gets their SSN, return to I-9Compliance.com to submit E-Verify.

What is E-Verify? Information from the I-9 is submitted to E-Verify Federal website Verify eligibility to work in the United States Prevent document fraud E-Verify is an online tool provided by the United States Citizenship and Immigration Services that allows employers to verify that an employee is eligible to work in the United States. As of May 4th, 2015, all new employees at the University must pass E-Verify at the time the time of hire. E-Verify queries will be submitted through I-9Compliance.com while completing the Form I-9.

E-Verify Initial Results E-Verify initial results given within seconds Employment Authorized Verification in Process Photo Matching Tentative Non-Confirmation E-Verify initial results given within seconds. The following slides explain the initial results and actions needed to complete E-Verify.

Employment Authorized Click Employment Authorized to close the case

Tentative Non Confirmation Click the blue bars to follow TNC steps and refer the employee. Occasionally the initial response will be “Tentative Non Confirmation,” also called a TNC. Follow the tentative non-confirmation steps provided within I-9Compliance.

Tentative Non-Confirmation Employee has 8 days to resolve Employee must be allowed to continue work Upload a signed copy of the Further Action Notice

Reasons for TNC New international student has not registered for classes SSN mismatch Identity document could not be verified Citizenship or immigration status changed Name mismatch Name on I-9 is different than recorded in government databases There are several common reasons for Tentative Non-Confirmation. The notice you provide to the employee will give information about how to resolve the problem and which government agency can assist.

Check Your Data Entry This screen means something was entered incorrectly – SSN, Alien Number, etc.

Cancel When Necessary If TNC caused by incorrect information entered Mark Incorrect Data and Cancel Start a NEW I-9

Photo Matching Intended to detect document fraud At times, you will be prompted to confirm that the photo on the employee’s document matches the photo in government records. Compare the photo to the photo showing on the screen. The photo should match exactly, such as in hair style and clothing.

Completing E-Verify E-Verify is not done until case is closed

Upload US Passport, I-766, I-551 After the case is closed, you can upload documents if required. Return to the Dashboard and search for the employee’s I-9 record using the employee’s name or SSN. You will be able to open the I-9 Summary page and find “Upload Documents” in the right navigation bar.

Check Dashboard Daily Unresolved and Incomplete Cases

E-Verify When No SSN International employee with no SSN SAVE – Don’t submit E-Verify

E-Verify When No SSN Employee receives SSN Locate form on dashboard and submit E-Verify Immediately! Auditors know when the SSN was issued

Compliance Reminders Complete I-9 and begin E-Verify by the third work day Best practice! I-9 and E-Verify before the first work day Never before hire Do not request specific documents Upload a copy of US Passport, I-766, I-551

Need to be authorized for I-9s? Be an HR Contact or Delegate in OHS Contacts System https://utdirect.utexas.edu/ohs/contacts/list-contacts/index.WBX Ask your DEFINE Manager I-9Compliance.com sends welcome email Contacts also have access to Background Check Administration Employee Information System If you are not an HR Contact or Delegate, your departmental DEFINE Manager can add you to the appropriate list in the OHS Contacts System.

Additional Resources I-9 Resources on Human Resources webpage http://www.utexas.edu/hr/manager/hiring/i-9_checklist.html Q&A on I-9Compliance.com website USCIS website at www.uscis.gov I-9 Central I-9 Handbook for Employers

Need Help? Records & Onboarding Strategic Workforce Solutions (SWS) hrsc-records@utlists.utexas.edu 512-471-5127 Strategic Workforce Solutions (SWS) hrs.sws@austin.utexas.edu 512-475-7200 Find Your Rep http://www.utexas.edu/hr/hrpro/lookup/