About Form I-9, Employment Eligibility Verification

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Transcript About Form I-9, Employment Eligibility Verification

Employment Eligibility Verification
I-9 Form
PURPOSE
 All U.S. employers must verify employment eligibility*
 Identity of all employees hired to work after November 6, 1986
 Implement law by completing Employment Eligibility
Verification (I-9 Form) for all employees, including U.S. citizens
* Source information - Immigration Reform and Control Act
Employment Eligibility Verification
Frequently Asked Questions
 Do citizens and nationals of the U. S. need to prove to their
employers that they are eligible to work?
Yes
 Citizens and nationals of the U.S. are automatically eligible for
employment
 Still must present proof of employment eligibility and identity
 Must complete I-9 Form (Employment Eligibility Verification)
 Is completion of the I-9 Form required for everyone who
applies for a job at Miami Dade College?
No
 Complete I-9 Form only for people you actually hire
Employment Eligibility Verification
Frequently Asked Questions
 When must the I-9 Form be completed?
 Within three (3) business days of the start of employment
 Can an employee be terminated if he/she fails to produce the
required document(s) within three (3) business days of the
date employment begins?
Yes
 If he/she fails to produce the required document(s) or a receipt
for a replacement document(s) in the case of lost, stolen or
destroyed documents
Who Must Complete an I-9 Form?
 Every U.S. employer must have an I-9 Form on file for each new
employee
Exceptions:
 Employees hired before November 6, 1986, and continuously
employed by the same employer
 Workers provided to employers by individuals or entities
providing contract services
 If there is a break in service (e.g. retiree), an I-9 Form is
required upon rehire
• Employers may reverify information of an employee
rehired within 3 years of the date of the initial execution of
the I-9 Form, as an alternative to completing a new I-9
Form
Employee’s Responsibility Regarding
I-9 Form
 New employee must complete Section 1 (Employee Information
and Verification) of the I-9 Form no later than close of business on
his/her first day of paid work
 They must attest to their status by checking the applicable box:
 Citizen/national of the United States
 Lawful permanent resident with a “green card”
 Alien authorized to work in the United States until a specified
date

Note – Certain aliens, such as asylees and refugees, are work authorized incident to their
status and may not have an expiration date to fill-in for the bottom box of the attestation block
in Section 1
Employee’s Responsibility Regarding
I-9 Form
 Employee’s signature holds him/her responsible for the accuracy
of the information provided
 He/she must provide proof of employment eligibility documentation
 Employee is entitled to submit a document or combination of
documents of his/her choice
 If refuse to provide signature or attestation, do not proceed nor
employ individual
Responsibility of Translator or Preparer
 I-9 Form is available in English only
 Employee may have assistance
 Translator/preparer must also sign, date and provide requested
information (Section 1)
Acceptable Documents
LIST A
Documents that Establish Both Identity and Employment Eligibility
1. U.S. Passport (unexpired or expired)
2. Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating
unexpired employment authorization
3. Permanent Resident Card or Alien Registration Receipt Card with photograph (INS form I551)
4. Unexpired Temporary Card (INS Form I-688)
5. Unexpired Employment Authorization Card (INS Form I--688A)
6. Unexpired Employment Authorization Document issued by the INS which contains a
photograph (INS Form 1-688B) or Employment Authorization Document (INS Form I-766)
OR
LIST C
Documents that Establish
Employment Eligibility
LIST B
Documents that Establish Identity
1.
2.
3.
Driver's license or ID card issued by a
state or outlying possession of the
United States provided it contains a
photograph or information such as
name, date of birth, gender, height,
eye color and address
Native American tribal document
Driver's license issued by a Canadian
government authority
AND
1. U.S. social security card issued by the
Social Security Administration (other
than a card stating it is not valid for
employment)
2. Native American tribal document
3. Unexpired employment authorization
document issued by the INS (other
then those listed under List A)
Employer’s Responsibility Regarding
I-9 Form
 Employer ensures completion of the entire form
 Must be completed no later than close of business on the
employee’s third day of employment upon date of hire
 Employer is responsible for ensuring that the employee completes
Section 1 in full
 Employer must complete Section 2 (Employer Review and
Verification)
Original Documents Only
 Employer must personally review original document(s) that
demonstrate an employee’s identity and eligibility to work in the
United States
 Photocopies, or numbers representing original documents, are not
acceptable
 Exception: a certified copy of a birth certificate issued by a
state, county, municipal authority or outlying possession of the
U.S. bearing an official seal is acceptable
 All identifying information, including the document title, the issuing
authority, the document number, and/or the expiration date (if
applicable) must be provided in full
Questions About Genuineness of
Documents
 Employers are not required to be document experts
 Employers are held to a reasonableness standard when reviewing
documents presented
 Employers are not permitted to request more or different
documents than are required or to refuse to honor documents
tendered that on their face reasonably appear to be the genuine
and to relate to the individual presenting the document
 Only original documents must be presented for review
 Single exception - certified photocopy of a birth certificate
Receipt Rule
 Receipts may be used in lieu of original documents in the I-9
process if:
 An individual’s document has been lost, stolen or damaged,
then he/she can present a receipt for the application for a
replacement document
• The replacement document needs to be presented to the
employer within 90 days of hire or, in the case of
reverification, the date employment authorization expires
 The Form I-94 with a refugee admission stamp is acceptable
as a receipt for 90 days, within which time the employee must
present an unrestricted Social Security card together with a
List B identity document
Copying of Documentation
 Employer may copy a document (front and back) presented by an
individual solely for the purpose of complying with the I-9
verification requirements
 All copies must be retained with the I-9 Form
 Copying of any such document does not relieve the employer
from the requirement to fully complete Section 2
Restricted SSA and Other Cards
 SSA “Valid only with INS (or DHS) Authorization” card – issued to
aliens who present proof of temporary work authorization; these
cards do not satisfy the I-9 Form requirements
 Internal Revenue Service (IRS) Individual Taxpayer Identification
Numbers (ITINs) – issued to aliens dealing with tax issues. An
Individual Taxpayer Identification Number card is NOT
employment eligibility verification
Where Reverification is NOT Required
 Permanent Residence Cards (also known as Alien Registration
Receipt cards, Form I-551, Resident Alien Cards, Permanent
Resident Cards, or “Green Cards”) are issued to lawful permanent
residents and conditional resident and should not be reverified
when the cards expire
Discrimination
 The law protects certain individuals from unfair immigrationrelated employment practices of a U.S. employer, including refusal
to employ based on a future expiration date of a current
employment authorization document
Missing I-9 Forms
 An employer who discovers that an I-9 Form is not on file for a
given employee must request the employee to complete Section 1
of an I-9 Form immediately and submit documentation as required
 The new form should be dated when completed – never postdated
 When an employee does not provide acceptable documentation,
the employer must terminate employment or risk being subject to
penalties for “knowingly” continuing to employ an unauthorized
worker if the individual is not in fact authorized to work
Discovering an Unauthorized Employee
 An employer who discovers that an employee has been working
without authorization should reverify work authorization by
allowing such an employee another opportunity to present
acceptable documentation and complete a new I-9 Form
 If employers know or should have known that an employee is
unauthorized to work in the U.S., they may be subject to serious
penalties for “knowingly continuing to employ” an unauthorized
worker
Completing the Form – Section 1
This information must be completed by the Employee
Completing the Form – Section 2
This information must be completed by the Employer
Completing the Form – Section 3
This information must be completed by the Employer
Sample Document from List A
United States Passport (unexpired or expired)
Issued by the Department of State to U.S. citizens and nationals.
Sample Document from List A
Unexpired Foreign Passport with I-551 Stamp or attached INS
Form I-94 indicating unexpired employment authorization
Sample Document from List A
Alien Registration Receipt Card (Resident Alien Card) I-551
Issued by INS after March 1977, to lawful permanent resident aliens.
Although this card is no longer issued, it is valid indefinitely. This card
is commonly referred to as a “green card” and is the replacement for
the Form I-151. This version is white with a blue logo.
Sample Document from List A
Employment Authorization Card I-688A
Issued by INS to applicants for temporary resident status after their
interview for Legalization or Special Agricultural Worker status. It is
valid until the expiration date stated on the face of the card or on the
sticker(s) place on the back of the card.
Sample Document from List A
Employment Authorization Card I-766 or previous Form I-688B
The new I-766 card is being phased in. Issued to aliens authorized to
work temporarily in the U.S. Some work-authorized aliens will
continue to receive the I-688B card. Both cards will remain in
circulation. The I-688B will continue to be issued and remain valid
until the expiration date on the individual card.
Sample Document from List A
I-94 Arrival/Departure Record
Arrival-departure record issued by INS to nonimmigrant aliens. An
individual in possession of the departure portion of this document may
only be employed if the document bears an “employment
authorization” stamp or employment incident to the nonimmigrant
classification is authorized with a specific employer.
I-20 ID Card
Accompanied by a
Form I-94
The Form I-94 for F-1
nonimmigrant students
must be accompanied
by an I-20 Student ID
endorsed with
employment
authorization by the
Designated School
Official for off-campus
employment or
curriculum practical
training. INS will issue
Form I-688B to all
students authorized for
a post-completion
practical training
period.
Sample Document from List B
Sample Driver’s License
A driver’s license issued by any state or outlying possession of the
U.S. (including the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, the Mariana Island, and American Samoa) or by a
Canadian government authority is acceptable is it contains a
photograph or other identifying information such as name, date of
birth, sex, height, color of eyes and address.
Sample Document from List C
Social Security Card
There are many versions of this card.
(other than one stating “NOT VALID FOR EMPLOYMENT,” metal or
plastic reproductions, or certain laminated cards.)