Transcript INTERVIEWING

COMPLETING
THE FORM I-9
EMPLOYERS ASSOCIATION OF NEW JERSEY
30 W. Mount Pleasant Ave., Suite 201
Livingston, NJ 07039
(973) 758-6800 or (609) 393-7100
Fax: (973) 758-6900
[email protected]
©
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Obtaining the Form I-9
To obtain the newest version of the Form I-9 go to:
http://www.uscis.gov/files/form/i-9.pdf
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.
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CURRENT I-9 FORM
Expiration Date of Form
03/31/2016
New Revision
Date of
03/08/13
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Employee completes Section 1
All employees must complete Section 1 no later than the first business day of employment for pay.
Employee completes
personal information
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 I9 purposes
An E-mail address and phone
number has been added as an
optional field. You may write “N/A” if
you choose not to provide this
information.
Employee reads,
signs and dates
Preparer or Translators signature
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WHAT DOCUMENTS ARE ACCEPTABLE?
•
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.
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Employees
chooses one
from
List A
establishes both
identity
and
employment
eligibility)
or
All documents must be
unexpired
Employees can
choose which
document (s)
they want to
present from
the lists of
acceptable
documents.
one each from
List B
(establishes
identity only)
and List C
(establishes
employment
eligibility)
New Revision
Date of
03/08/13
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Employees must
present an
original
document or
documents that
establish
identity and
employment
eligibility within
three days of
starting their
job.
Sample List A – Document
Foreign Passport with I-551 Stamp
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List A – Document
Temporary I-551
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List A – Document
Permanent Resident Card
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Sample List A – Document
Employment Authorization Document (Form I-766)
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Sample List A – Document
Form I-94/I-94A Arrival/Departure Record
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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
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•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:
(1) List A
or
(1) List B &
(1) List C
Remember to fill in the
employee’s name.
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.
Fill in the document title,
issuing authority, number
and expiration date (if any)
in the space provided.
Expiration dates of
documents must be written
in month/day/year format
(mm/dd/yyyy)
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Write N/A in any spaces that
are not applicable.
EMPLOYER OR REPRESENTATIVE CERTIFICATION
The employer representative
attests to examining the
documents provided by filling
out the signature section.
Do not forget to include the
complete business address.
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Read, fill in the information
(including the date employment
begins) in the certification section,
sign and date.
Date of hire should be within 3
days of date of the signature of
company representative.
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.
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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 I551 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
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http://www.uscis.gov/files/form/m-274.pdf
Rev. 03/08/13
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OTHER RESOURCES
I-9 Central: www.uscis.gov/I-9Central
I-9 Central Spanish: www.uscis.gov/i-9Central/Espanol
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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
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Receipt Rule
Receipt
A receipt for a
replacement of a
lost, stolen, or
damaged document
The arrival portion of
the Form I-94 or I94A containing a
Temporary I-551
stamp and
photograph
The departure
portion of Form I-94
or I-94A with an
unexpired refugee
admission stamp
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Who may present
this receipt?
All employees
Lawful Permanent
Residents
Refugees
Is this receipt proof
of employment
authorization
and/or identity?
A receipt fulfills the
verification
requirements of the
document for which
the receipt was
issued (can be List
A, List B, or List C)
Employment
authorization and
identity (List A)
Employment
authorization and
identity (List A)
How long is this
receipt valid?
90 days from date of
hire or, for
reverification, the
date employment
authorization expires
Until the expiration
date of the
Temporary I-551
stamp or, if no
expiration date, 1
year from date of
issue
90 days from date of
hire or, for
reverification, the
date employment
authorization expires
What must the
employee present
at the end of the
receipt validity
period?
The actual document
for which the receipt
was issued
The actual Form I551 (Permanent
Resident Card, or
green card)
An unexpired EAD
(Form I-766) or a
combination of a
valid List B
document and an
unrestricted Social
Security card
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.


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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.
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Retention Period
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Missing/Deficient Information
Bogart
N/A
Humphrey
24 East Street
10/25/1989
Anywhere
[email protected]
NJ
07055
973-758-6800
HB
11/10/13 √
Humphrey Bogart
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1/10/2012
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.
Missing/Deficient Information
Minor deficiencies
Bogart, Humphrey
 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.
NJ Drivers Licenses
Social Security Card
Motor Vehicle Commission
R6912 97546 58992
Social Security Administration
155-55-5555
AH
11/10/10
10/05/2015
Audrey Hepburn
Audrey Hepburn
Hepburn
55 Main St.
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1-07-13
AH
11/10/10
1-10-2013
Audrey
HR Manager
All Business USA
Anywhere
NJ
07055
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.
NJ Drivers Licenses
Social Security Card
Motor Vehicle Commission
R6912 97546 58992
Social Security Administration
155-55-5555
10/05/2015
1-07-13
HR Manager
Hepburn
55 Main St.
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Audrey
All Business USA
Anywhere
NJ
07055
Discrimination Based On
National Origin and Citizenship
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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 I9 process (document abuse); and
4. Retaliation.
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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.
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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
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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
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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
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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
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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.
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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.
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Avoiding Discrimination
 Make decisions based on legitimate,
non-discriminatory job-related reasons.
 Be consistent.
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Civil Fines and Criminal Penalties for Form I-9 Violations
First Offense
Second Offense
Third Offense
Civil Violations
Minimum
Maximum
Minimum
Maximum
Minimum
Maximum
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.
$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.
$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 employmentauthorized individual
in hiring, firing, or
recruitment or referral
for a fee.
$375 per violation.
$3,200 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 Violations
First Offense
Second Offense
Third 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
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Employers Association of New Jersey
A nonprofit association helping employers create exceptional
workplaces since 1916.
30 W. Mount Pleasant Ave., Suite 201
Livingston, NJ 07039
(973) 758-6800 or (609) 393-7100
Fax: (973) 758-6900
[email protected]
©EANJ