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Form I-9 Employment Eligibility Verification & E-Verify Information
January 6, 2015
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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.
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Form I-9
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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).
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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
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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. 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.
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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.
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Form I-9
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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. DO NOT specify which document(s) the employee may present from the Lists of Acceptable Documents.
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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
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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.
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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.
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Form I-9 Section 3 Reverification and Rehires
DNR does not use Section 3. DNR requires a new Form I-9 to be completed for rehires.
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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.
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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.
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E-Verify
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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. Helps maintain a legal workforce. Protects jobs for authorized workers.
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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.
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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.
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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.
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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.
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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: This site will provide instructions on the following: E-Verify Training - List A Document Processing E-Verify Training - Lists B & C Document Processing
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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).
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Form I-9 and E-Verify Questions?
OHR Program Administrator Contact Information Brian Nabors (404) Questions?
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