Form I-9 Employment Eligibility Verification & E-Verify Information

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Presentation transcript:

Form I-9 Employment Eligibility Verification & E-Verify Information Hello and welcome to the I-9 and E-Verify Training Presentation. My name is Brian Nabors. I’m from the Employment Services Unit in the Office of Human Resources. I would like to thank you for taking the time to view this presentation. March 23, 2018 (update)

Training Goals Review rules for Form I-9 completion. Reasons for using the E-Verify system and it’s requirements. Delegate E-Verify process to meet Dept. of Homeland Security (DHS) timing/processing requirements. The goal for this training is to Review the rules for completing the I-9 Discuss the employment eligibility verification through the E-Verify system Why there is a need to delegate the E-Verify process

Form I-9 Let’s begin by discussing the I-9

Form I-9 Background In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA). IRCA forbids employers from knowingly hiring individuals who do not have work authorization in the United States. The employment eligibility verification provisions, and sanctions, of IRCA are found in Section 274A of the Immigration and Nationality Act (INA). Let’s first take a moment to learn a little background on the I-9. Congress passed the Immigration Reform and Control Act in 1986 in an effort to control illegal immigration. This act forbids employers from knowingly hiring these illegal immigrants who do not have the authorization to work in the United States. The employment eligibility verification provisions, and sanctions, of IRCA are found in Section 274A of the Immigration and Nationality Act.

Form I-9 Background Individuals who may legally work in the United States are: Citizens of the United States Noncitizen nationals of the United States Lawful Permanent Residents Aliens authorized to work There are 4 types of individuals authorized to work in the United States Citizens of the United States Noncitizen nationals of the United States Lawful Permanent Residents Aliens authorized to work

Form I-9 Background To comply with the employment eligibility verification provisions of the INA an employer must: Verify the identity and employment authorization documents of new hired employees and employees transferring into DNR from another State of Georgia agency. Complete and retain a Form I-9 for each new employee to DNR. Refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status. To comply with the provisions of the Immigration and Nationality Act, an employer has to: Verify the identity and employment authorization documents of new hired employees. Complete and retain a Form I-9 for each new employee. Refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status .

Form I-9 Completing Form I-9 All U.S. employers must have a Form I-9 on file for all current employees. Exception: Employers are not required to have Forms I-9 for employees hired on or before November 6, 1986. Form I-9’s are part of the required paperwork in the DNR New Hire Packages. Form I-9’s are stored in the Office of Human Resources in Atlanta as per DHS retention requirements. DNR must have a Form I-9 on ALL employees hired after November 6, 1986. These are included in the New Hire Packages and stored in the Office of Human Resources as required by the Department of Homeland Security.

Form I-9 The I-9 actually consists of 9 pages. Pages 1 – 6 are instructions and other information needed to complete the form . Pages 7 and 8 are the actual pages that must be completed. Page 9 is the List of Acceptable Documents.

Form I-9 Completing Form I-9 Lists of Acceptable Documents You must provide the Lists of Acceptable Documents to the new employee when completing the Form I-9. Document(s) presented by the employee must be original, no photocopies. Employee may present a certified copy of a Birth Certificate. These document(s) must not be expired. Use the most Current version of the Form I-9(Rev. 03/08/13) – Expiration date of 03/31/16. This is actually Page 9 of the Form. This page, as well as the first 8 pages must be presented to the employee when completing the I-9. The document or documents the employee presents must be original, no photocopies can be accepted and cannot be expired. However, Certified copies of birth certificates can be accepted. As an employer we DO NOT tell the employee which document, or documents, they need to provide from the Lists of Acceptable Documents. I repeat as an employer we DO NOT tell the employee which document, or documents, they need to provide from the Lists of Acceptable Documents. DO NOT specify which document(s) the employee may present from the Lists of Acceptable Documents.

Tips for Completing the Form I-9 An information sheet, “I-9 Completion Tip Sheet” is located in the Hiring Packages section of the DNR Intranet at http://dnrnet.dnr.state.ga.us/hr/hiring_packages A tip sheet for completing the Form I-9 is on the DNR Intranet, in the Human Resources Section, in the folder titled Hiring Packages.

Form I-9 Completing Section 1 Employee Information and Verification Employee must complete and sign Section 1 no later than the first day of employment, but not before accepting the job. Ensure a SS# is provided for E-Verify purposes. Employee must select one of the four categories of Employee Attestation. Employee must sign and date the form. If someone other than the employee completes Section 1, the Preparer and/or Translator Certification section must be completed. The Employee must complete Section1 no later than the 1st day of employment. Section 1 requires the employees name, address, date of birth and social security number. An e-mail address and telephone number is asked for but not required. The employee must also attest to their citizenship or immigration status by checking 1 of the 4 boxes provided. Additional information is required from the employee if Box 3 or 4 is checked. The employee must also sign and date the form in the spaces provided. If someone other than the employee completes Section 1, the Preparer and/or Translator Certification section must be completed by the person assisting. Additional information is available on Pages 1 and 2 of the Form I-9 Instructions.

Form I-9 Completing Section 2 Employer or Authorized Representative Review and Verification The employee must submit One document from List A OR One document from List B AND One document from List C. Employer or Authorized Representative must: Ensure that Section 1 is complete before completing Section 2. Complete and verify Section 2. Complete Section 2 within 3 business days of the employee’s hire date. Record the information from the documents submitted. Complete the Certification Section. DO NOT specify which document(s) the employee may present from the Lists of Acceptable Documents. When the employee provides their document or documents from the List of Acceptable Documents, the employer must complete Section 2. The employer must make sure Section 1 is complete before completing this Section. If Section 1 is complete the employer then must: Inspect the documents provided to ensure they are original and not expired. Document the information in either List A or List B and C. Read and answer the information required in the Certification section. Section 2 MUST be completed by the employer within 3 business days of the employee’s hire date.

Form I-9 Section 3 Reverification and Rehires DNR does not use Section 3. All rehires must complete a new Form I-9 upon rehire. Section 3 Reverification and Rehires DNR does not use Section 3. DNR requires a new Form I-9 to be completed for rehires.

Form I-9 Correcting Mistakes on the I-9 Form If you discover a mistake on Form I-9, correct the existing form OR prepare a new Form I-9: If you choose to correct the existing Form I-9, line out or mark out the incorrect portions, enter the correct information, and initial and date the correction. If you prepare a new Form I-9, retain the old form. You should also attach a short memo to both the new and old Form I-9’s stating the reason for your action. If a mistake is found on the I-9, there are 2 options: Option 1 is to line out or mark through the incorrect information and correct it. But be sure to initial and date when the correction is made OR Option 2 is to prepare a new I-9. Be sure to keep the version with the mistake and attach it to the new I-9 along with a memo as to why the new form was created.

REMINDERS Employee reminders: Form I-9 must be completed no later than the 1st day of employment. I-9 completion Tip Sheet is located on the DNR Intranet. Documents submitted by the employee must be original, no photocopies. However a Certified copy of a Birth Certificate is acceptable. Documents cannot be expired. Section 2 must be completed by the employer within 3 days of hire. DO NOT ask for specific documents from the Lists of Acceptable Documents. Here are a few helpful reminders The Form I-9 must be completed no later than the 1st day of employment. An I-9 completion Tip Sheet is located on the DNR Intranet. Documents submitted by the employee must be original, no photocopies. However a Certified copy of a Birth Certificate is acceptable. Documents cannot be expired. Section 2 must be completed by the employer within 3 days of hire. DO NOT ask for specific documents from the List of Acceptable Documents.

E-Verify Now let’s discuss E-Verify

What is E-Verify E-Verify is a No-cost Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. E-Verify: Electronically verifies the employment eligibility of newly hired employees and employees transferring into DNR from another State of Georgia agency. Helps maintain a legal workforce. Protects jobs for authorized workers. What is E-Verify E-Verify is an internet based system used to compare information provided by the employee on their I-9 to data from Homeland Security and the Social Security Administration to confirm the employee is eligible to work in the United States.

E-Verify U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens or foreign citizens who have the necessary authorization. Employers must have a completed Form I-9 on file for each person on their payroll who is required to complete the form. The form must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice. U.S. Law requires companies to only employ those who are legal to work in the United States. This law also requires employers to have a completed Form I-9 on file for those employed after November 6, 1986. And the I-9‘s must be readily available for inspection by authorized US Government Officials from Department of Homeland Security, US Department of Labor and/or the Department of Justice.

Penalties Employers must verify the identity and employment authorization of each new hire. Employees must complete Section 1 of the form at the actual beginning of employment. The employer must complete Section 2 AND verify the employment eligibility through E-Verify within three days of the employee starting work. The employer is responsible for ensuring that the forms are completed properly, and in a timely manner. Failing to comply with Form I-9 requirements may result in a minimum fine of $110 per form up to a maximum of $1,100 per form. As an employer, we must verify the identity and employment authorization for each new hire. How we do that is by entering the data from the I-9 Form completed by the Employee on Day 1 of their employment into the E-Verify system. This verification MUST be done within 3 days of the employee’s hire date. If we don’t comply with these requirements we face heavy penalties, up to $1,100.00 per form that is submitted late.

E-Verify Transition The transition from Centralized E-Verify processing to allowing Field sites to process is due to: OHR’s effort to comply with the Dept. of Homeland Security’s 3-Day Rule. Avoid penalties from the Dept. of Homeland Security for failure to comply. Designated Field Staff will begin E-Verify processing on New Hires with an effective date of February 1, 2015. Herein lies the reason this process is being transitioned out to each Division. The requirement is to complete E-Verify within 3 days of hire. Our current centralized E-Verify process does not allow us to meet this requirement. In order to comply with the requirement, we have elected to move this process out of the Office of Human Resources and to allow each Division to process these in a timely manner, meeting the Department of Homeland Security requirements. This will be effective for any new hire beginning on February 1, 2015.

E-Verify System Requirements E-Verify is an Internet-based service with very simple system requirements. Employers who use E-Verify need: A computer with Internet access and one of the following Web browsers: - Internet Explorer (version 6.0 and above) - Firefox (version 3.0 and above) - Chrome (version 7.0 and above) - Safari (version 4.0 and above) Access to a printer. Adobe Acrobat Reader software. E-Verify documentation is accessible online as Portable Document Format (PDF) files. These are the System Requirements needed to process through E-Verify. Please look these over and ensure your system meets the requirements.

E-Verify Training Along with this document, additional information has been placed on the DNR Intranet, in the Human resources section, on the Training site at the following link: http://dnrnet.dnr.state.ga.us/training This site will provide instructions on the following: E-Verify Training - List A Document Processing E-Verify Training - Lists B & C Document Processing The DNR Intranet has a Training site located in the Human Resources Section. A copy of this presentation and instructions for processing Employment Verification with documents from either List A or Lists B and C is located on this site. Please review this information prior to using the E-Verify system and as reference documents as needed.

Form I-9 and E-Verify - CONCLUSION We have reviewed Form I-9 completion and E-Verify requirements: You now have access to the E-Verify system. Starting with 2/1/15 new hires, you will verify employment eligibility using E-Verify. You will ensure: Section 1 of Form I-9 is completed properly, no later than the 1st day of employment. Section 2 of Form I-9 is completed properly, no later than the 3rd day of employment. Employment eligibility is verified/processed through E-Verify within 3 days of hire. To print the Employment Authorization document and place it in the New Hire Package with the Form I-9 (See E-Verify Training Presentations). We have reviewed completing the I-9 and what is required for E-Verify. You now have access to E-Verify and should have already received a User ID and Password to log into the system. If you have not already done so, you will need to complete the on-line tutorial regarding the use of E-Verify that was provided to you by the Department of Homeland Security when they provided your User ID and Password. There are additional Presentations on the Training site with step-by-step instructions for using the E-Verify system. Please review these and keep the information readily available as you begin processing employment verification through E-Verify.

Form I-9 and E-Verify Questions? OHR Program Administrator Contact Information Brian Nabors (404) 657-9840 Brian.Nabors@dnr.ga.gov This concludes our training on the Form I-9 and E-Verify Be sure to view the other two presentations that provide step-by-step instructions for verifying employment eligibility when an employee provides you a document from List A or from List B and a document from List C of the Lists of Acceptable Documents. Here is my contact information. If you have any questions or comments regarding this presentation, please do not hesitate to give me a call or send me an e-mail. Thank you for your time and please send me an e-mail letting me know that you have reviewed this Presentation. Thank you. Questions?