©EANJ EMPLOYERS ASSOCIATION OF NEW JERSEY 30 W. Mount Pleasant Ave., Suite 201 Livingston, NJ (973) or (609) Fax: (973) COMPLETING THE FORM I-9 © EANJ

Obtaining the Form I-9 The Form I-9 can also be completed electronically, provided that: 1. The resulting form is legible; 2. No change is made to the name, content, or sequence of the data elements and instructions; 3. No additional data elements or language are inserted; and 4. The employee receives the Form I-9 instructions; Employers may use paper, electronic systems, or a combination of paper and electronic systems. To obtain the newest version of the Form I-9 go to:

©EANJ Expiration Date of Form 03/31/2016 New Revision Date of 03/08/13 CURRENT I-9 FORM

©EANJ Employee completes Section 1 All employees must complete Section 1 no later than the first business day of employment for pay. Employee reads, signs and dates Check an appropriate box for work authorization and fill in other information if applicable. Unless the employer is a participant in the E-Verify Program, an employer can not require the employee to provide their social security number for Form I- 9 purposes Preparer or Translators signature Employee completes personal information An address and phone number has been added as an optional field. You may write “N/A” if you choose not to provide this information.

©EANJ You may not specify which document (s) an employee must present. Do not use whiteout. If a mistake occurs during completion of the I-9 form cross out the error, initial and date it, and insert the correct information. You must examine the original document (s) presented by the employee and then complete Section 2 of the I-9 form. You must accept any document (s) presented by the individual which appears on its face to be genuine and related to the person presenting them. WHAT DOCUMENTS ARE ACCEPTABLE?

©EANJ or one each from List B (establishes identity only) and List C (establishes employment eligibility) Employees chooses one from List A establishes both identity and employment eligibility) Employees must present an original document or documents that establish identity and employment eligibility within three days of starting their job. Employees can choose which document (s) they want to present from the lists of acceptable documents. New Revision Date of 03/08/13 All documents must be unexpired

©EANJ Sample List A – Document Foreign Passport with I-551 Stamp

©EANJ List A – Document Temporary I-551

©EANJ List A – Document Permanent Resident Card

©EANJ Sample List A – Document Employment Authorization Document (Form I-766)

©EANJ Sample List A – Document Form I-94/I-94A Arrival/Departure Record

©EANJ TPS/REFUGEE TPS - An Employment Authorization Document (EAD) (Form I-766) that is expired on its face, but that has been automatically extended by a Federal Register notice. The Federal Register notice will describe, based on unique notations on the cards, which EADs have been automatically extended. (To minimize confusion over this extension at the time of hire or reverification, qualified individuals may present a copy of the applicable Federal Register notice regarding the auto-extension of employment authorized status.) REFUGEE - The departure portion of Form I-94 or I-94A with an unexpired refugee admission stamp

©EANJ (1) List A or Provide employee a list of acceptable documents. Do not request or require particular documents. The employee can choose from the lists which documents they would like to use. Make sure that the documents are: originals, appear to be genuine and relate to the employee, Issuing authority and document number are recorded on correct lines. Do not over-document only include: Fill in the document title, issuing authority, number and expiration date (if any) in the space provided. (1) List B & (1) List C Expiration dates of documents must be written in month/day/year format (mm/dd/yyyy) These additional spaces are for the employer to record the SEVIS number and program end date for students/employment authorization expiration date for exchange visitors. Remember to fill in the employee’s name. Write N/A in any spaces that are not applicable. © EANJ

Read, fill in the information (including the date employment begins) in the certification section, sign and date. Do not forget to include the complete business address. Date of hire should be within 3 days of date of the signature of company representative. The employer representative attests to examining the documents provided by filling out the signature section. EMPLOYER OR REPRESENTATIVE CERTIFICATION

©EANJ REVERIFICATION PROCESS Employer must complete Section 3 when: –An employee’s work authorization documentation has expired; or –An employer rehires the person within 3 years of the date that Form I-9 was originally completed and the original I-9 is still in its possession, Employee must present documentation from either List A or List C for re-verification. Do not reverify identity.

©EANJ REVERIFICATION PROCESS Do Not Reverify –U.S. Passport or Passport Card –Permanent Resident Card (Form I-551) –List B documents Permanent Resident Reverification Exceptions –Reverify only if employee presents a Form I-94 with a temporary I- 551 stamp, or –A foreign passport with a temporary I-551 stamp (on a machine readable immigrant visa (MRIV)) Usually Reverify When employment authorization document (List A or C) has an expiration

©EANJ Rev. 03/08/13

©EANJ OTHER RESOURCES I-9 Central: I-9 Central Spanish:

©EANJ RECEIPT RULE Receipts may be used as temporary proof of employment eligibility when a List A, B or C document has been lost, stolen or damaged. –The receipt must be issued by the originating agency. –The employee must present a replacement document within 90 days of the hire date. EXCEPTIONS: The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual. The departure portion of the Form I-94/I-94A with a refugee admission stamp

©EANJ Receipt Rule

©EANJ RETENTION OF FORM I-9  Form I-9 must be retained for all current employees.  Upon termination of employment, Form I-9 should either be retained for :  Three (3) years after date of hire  One (1) year after date of termination;  Whichever date is later.  Example:  Employee hired on 8/01/03 and terminated on 1/10/12);  Employee was employed for 3 or more years, Form I-9 should be retained for one (1) year from date of termination; Document may be disposed of on 1/10/13;  Employee hired on 8/10/11 and terminated on 1/10/12),  Employee was employed for less than 3 years, Form I-9 should be retained to make up the difference to the three (3) year date to a minimum of one (1) year; Form I-9 should be retained for two (2) years and eight (8) months; Document may be disposed of on 08/10/14.

©EANJ STORAGE Form I-9 MUST be on file for all current employees –Store Forms I-9 securely in a way that meets your business needs – on site, off-site, storage facility or electronically. –Store Forms I-9 and document copies together. –Ensure that only authorized personnel have access to stored Forms I-9. –Make Forms I-9 available within 3 days of an official request for inspection.

©EANJ Retention Period

©EANJ Missing/Deficient Information Bogart Humphrey 24 East Street Anywhere NJ √ 10/25/ HB 11/10/13 Humphrey Bogart1/10/2012 Missing information in section 1, can be corrected or completed by the employee. It needs to be initialed and dated by the employee as of the date the correction is made. N/A

©EANJ Missing/Deficient Information Minor deficiencies  Such as omission driver's license number (if copy is attached and date of hire date (from company records) can be corrected by writing information into appropriate boxes and initial and dating it as of the date the change was made. Audrey Hepburn HR Manager 55 Main St Audrey Hepburn NJ Drivers Licenses Motor Vehicle Commission R Social Security Card Social Security Administration AH 11/10/ AH 11/10/10 All Business USA AnywhereNJ /05/2015 Hepburn Audrey Bogart, Humphrey

©EANJ Missing/Deficient Forms Major deficiencies  Such as not having a Form I-9 for a current employee who was hired after November 6, 1986 or where the signature of employee representative is missing can not be corrected and a new Form I-9 must be completed. HR Manager 55 Main St. NJ Drivers Licenses Motor Vehicle Commission R Social Security Card Social Security Administration All Business USA AnywhereNJ /05/2015 Hepburn Audrey

©EANJ Discrimination Based On National Origin and Citizenship

©EANJ Types of Discrimination Under Immigration and Nationality Act (INA) Unlawful Discrimination General Provisions The anti-discrimination provision of the INA, as amended, prohibits 4 types of unlawful conduct: 1. Citizenship or immigration status discrimination; 2. National origin discrimination; 3. Unfair documentary practices during Form I- 9 process (document abuse); and 4. Retaliation.

©EANJ Document Abuse Discriminatory documentary practices related to verifying the employment authorization and identity of employees during Form I-9 process is called document abuse. Document abuse occurs when employers treat individuals differently on the basis of national origin or citizenship status in Form I-9 process.

©EANJ Document Abuse- Verification Process  Requiring proof of citizenship  Scrutinizing those who look foreign more closely (e.g., rejecting Arabs)  Refusing to hire because authorization is temporary

©EANJ Exceptions In Hiring Practices  Preference for Nationals and Citizens  Preference for nationals or citizens only o.k. if, after a careful comparison, both candidates appear to be equally qualified  Policy against sponsoring permanent residence (o.k. if there is another qualified candidate)  Required by Law  Regulation  Government contract  Executive order

©EANJ Exceptions Bona Fide Occupational Qualification (“BFOQ”) “qualification reasonably necessary to the normal operation of that particular business or enterprise.” 42 U.S.C. § 2000e-2(e). Ex.: in the hiring of a men’s or women’s room attendant, an actress, or a model. NOT customer preference –Government Contract

©EANJ Examples Of Citizenship Status Discrimination  Green card only hiring policy  Refusing to hire Asylees/Refugees  Preferring undocumented workers  Preferring H1-B or other temporary workers  Different hiring procedures for U.S. Citizens and immigrants

©EANJ Discrimination Prohibited by Title VII 1. Set different employment eligibility verification standards or require that different documents be presented by employees because of their national origin and citizenship status. 2. Request to see employment eligibility verification documents before hire and completion of Form I-9 because someone looks or sounds “foreign,” or because someone states that he or she is not a U.S. citizen. 3. Refuse to accept a document, or refuse to hire an individual, because a document has a future expiration date. 4. Request that, during reverification, an employee present a new unexpired Employment Authorization Document if he or she presented one during initial verification. For reverification, each employee must be free to choose to present any document either from List A or from List C. 5. Limit jobs to U.S. citizens unless U.S. citizenship is required for the specific position by law; regulation; executive order; or federal, state, or local government contract.

©EANJ Retaliation When an individual asserts rights, files a charge, or assists in an investigation or litigation involving any of these forms of discrimination, an employer may not intimidate, threaten, coerce or retaliate against him/her for the purpose of interfering with these activities.

©EANJ Avoiding Discrimination  Make decisions based on legitimate, non-discriminatory job-related reasons.  Be consistent.

©EANJ Civil Violations First OffenseSecond OffenseThird Offense MinimumMaximumMinimumMaximumMinimumMaximum Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States. $375 for each worker. $3,200 for each worker. $6,500 for each worker. $4,300 for each worker. $16,000 for each worker. Failing to comply with Form I-9 requirements. $110 for each form.$1,100 for each form.$110 for each form.$1,100 for each form.$110 for each form.$1,100 for each form. Committing or participating in document fraud. $375 for each worker. $3,200 for each worker. $6,500 for each worker. $3,200 for each worker. $6,500 for each worker. Committing document abuse. $110 per violation.$1,100 per violation.$110 per violation.$1,100 per violation.$110 per violation.$1,100 per violation. Unlawful discrimination against an employment- authorized individual in hiring, firing, or recruitment or referral for a fee. $375 per violation.$3,200 per violation. $6,500 per violation.$4,300 per violation.$16,000 per violation. Asking an employee for money guaranteeing that the employee is authorized to work in the United States, also called an indemnity bond. Pay $1,100 for each bond the employee paid to the employer. Refund the employee the full amount of the bond. If the employee cannot be found, this refund will go to the U.S. Treasury. Criminal ViolationsFirst OffenseSecond OffenseThird Offense Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens. Up to $3,000 for each unauthorized alien. Up to 6 months in prison for the entire pattern or practice. Up to $3,000 for each unauthorized alien. Up to 6 months in prison for the entire pattern or practice. Up to $3,000 for each unauthorized alien. Up to 6 months in prison for the entire pattern or practice Civil Fines and Criminal Penalties for Form I-9 Violations

©EANJ 30 W. Mount Pleasant Ave., Suite 201 Livingston, NJ (973) or (609) Fax: (973) Employers Association of New Jersey A nonprofit association helping employers create exceptional workplaces since 1916.