Completing the Form I-9 “Employment Authorization Form” Citizens, Permanent Residents & Aliens Authorized to Work

Why do we need an I-9? PURPOSE The Immigration Reform and Control Act made all U.S. employers responsible to verify the employment eligibility and identity of all employees hired to work in the United States after November 6, 1986. To implement the law, employers are required to complete Employment Eligibility Verification forms (Form I-9) for all employees, including U.S. citizens. The I-9 must be completed within 3 DAYS of the hire date or the employer may terminate employment. If the employer is audited and the I-9 is found incomplete the employer could face fines from $100-$10,000. FOR WHO MUST EMPLOYERS COMPLETE FORM I-9? Every U.S. employer must have a Form I-9 in its files for each new employee, unless: the employee was hired before November 7, 1986, and has been continuously employed by the same employer. Form I-9 need not be completed for those individuals: providing domestic services in a private household that are sporadic, irregular, or intermittent; providing services for the employer as an independent contractor (i.e. carry on independent business, contract to do a piece of work according to their own means and methods and are subject to control only as to results for whom the employer does not set work hours or provide necessary tools to do the job, or whom the employer does not have authority to hire and fire); and providing services for the employer, under a contract, subcontract, or exchange entered into after November 6, 1986. (In such cases, the contractor is the employer for I-9 purposes; for example, a temporary employment agency.)

Request for specific documents is NOT allowed An employee can give you his choice of combination of documents. We CANNOT request more documents if an acceptable ID or combination of IDs is already presented. If they do not know what to present, you can suggest possible combinations, but make it clear that they may choose which IDs they show us. If the ones they present are not acceptable, you may request that they show us more identification, but do not demand a certain type.

Three Day Grace Period I-9 Form MUST be completed within three days of hire The original documents must be verified…photo copies of IDs cannot be accepted The form must be signed and dated by employee and employer at that time

Definitions Visa: This is a permit that allows a person to enter a country. The employee must have a Work Visa to be eligible for employment. There are different types of Visas an international employee may have. Passport: This is a form used for International Identity. This alone does not allow you to work (except U.S. citizens), but only visit a particular country. This document shows your picture identity and citizenship status. If the Passport is accompanied by work authorization forms then it may be used for work eligibility. DS-2019: Certificate of Eligibility for Exchange Visitors (J-1) Status. The (DS-2019)will give the employer the date ranges the employee is allowed to work, a beginning date and an ending date. This form is issued by Int’l Student & Scholar Services or a sponsoring agency (e.g.: Fulbright). This form along with proper identification may be used for work eligibility.

Definitions cont’d… I-20: Certificate of Eligibility for Non-immigrant Student Status - for Academic and Language Students. Used with the F-1 & F-2 visa. This form will be issued from International Student & Scholar Services at Vanderbilt. In some cases the I-20 will be issued from another school. If so, the student needs additional authorization: an E.A.D. or approval on page 3 of the I-20 for Curricular Practical Training. I-94: When someone arrives in the United States, he/she should receive a USCIS Form I-94 (Arrival-Departure Record) that will include the admission number (an eleven digit number) to the United States. The BCIS Form I-94, proves that one has entered the United States legally. USCIS: United States Citizenship and Immigration Services

New I-9 protocol for International Staff & Students! To alleviate some of the challenges related to completing I-9’s for newly hired international staff & students, effective immediately all F-1, F-1 OPT, J1, J2: student employees may be directed to the International Student & Scholar Services (ISSS) office to complete their I-9 form. http://www.vanderbilt.edu/isss/ isss@vanderbilt.edu or call 2-2753 All newly hired H1-B, TN-1, O-1, E-3 or Permanent Residency (“green card”): may be directed to Human Resources Office of International Services (OIS) to complete the I-9 form. http://www.vanderbilt.edu/ois/index.html ois@vanderbilt.edu or call 3-1288 Both offices are located at: The Student Life Center Vanderbilt University 310 25th Avenue South Nashville TN 37212

New I-9 protocol for International Staff & Students con’t… This will be standard procedure for all newly hired international staff and students as well as those individuals that obtain work authorization extensions. All U.S. citizens should continue to complete their I9s in their home departments, during New Staff Orientation or at the Human Resources office in the 2525 West End Building. Also, contact Human Resources at 3-6606 for information about I-9 Express, our new on-line I-9 web application. It’s user-friendly and makes the process easier for everyone! http://hr.vanderbilt.edu/index.htm I9@vanderbilt.edu

Examples of competed I-9’s Next page…

U.S. Citizen with identification from list A

U.S. Citizen with identification from list B & C

Permanent Resident with identification from list A A# should be placed next to Permanent Resident Status

Permanent Resident Card

Form I-551 also used for Temporary Employment in regards to Permanent Residents.

Permanent Resident with identification from list B & C

Alien Passport plus USCIS work authorization Identity page VS. Visa page USCIS work authorization Admission number Use I-94 card number Work authorization date I-94 future date for H, O, and TN visas I-20 Form date for F visas DS-2019 Form date for J visas

NEVER USE Visa Page for Form I-9 Alien NEVER USE Visa Page for Form I-9

Alien – H1B, O-1, TN1 Visa Holders OR Both are forms of I-94 cards

Alien – D/S: Duration of Status Visa Holders F1, F-2, J-1, and J-2s all have D/S on their I-94 cards under normal circumstances.  This means that you must verify the end date on the I-20 or Ds-2019 for the actual end date of their program.  If they are on F-1 OPT, the end date on their EADs should be reviewed (as their I-20 end date does not reflect the OPT period).  If they have a specific date on their I-94 (i.e.: March 5, 2006), they need to go to Int’l Student & Scholar Services 2-2753 immediately with their documents to rectify this entry-related issue.

Alien authorized to work with identification from list A.1

Alien authorized to work with identification from list A.2

Alien – Restricted SS Card If provided by employee, you will ALWAYS need to view a form of identification and the USCIS work authorization

Alien authorized to work with identification from list B & C

Still need assistance? Call Ken Garner @ 2-9508 or email I9@vanderbilt.edu Need a blank I-9? Download from the D.H.S. website http://www.uscis.gov/files/form/I-9.pdf Make copies of identification in question Write your contact information at the top of the form.