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Form I-9. Employment Eligibility Verification . I-9 Requirements. Must be completed/retained for every employee hired after November 6, 1986 Stiff penalties for employers who fail to comply

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Form i 9

Form I-9

Employment Eligibility Verification


I 9 requirements
I-9 Requirements

  • Must be completed/retained for every employee hired after November 6, 1986

  • Stiff penalties for employers who fail to comply

  • Employers can be fined from $100 - $3,500 for each I-9 that has invalid information, is not fully completed, or is incorrectly completed

  • Must use revised form (Rev. 02/02/09) and updated list of acceptable documents

    • I-9 form must have List of Acceptable Documents attached to it or copied on the back of the form


I 9 process hiring using a pr 40
I-9 Process - Hiring Using a PR-40

  • Department completes PR-40 when decision to hire an individual is made

  • Department obtains all signatures before sending to Human Resources (HR)

  • When HR receives PR-40, hiring department is notified that a formal offer may be extended to the candidate


I 9 process hiring using a pr 401
I-9 Process - Hiring Using a PR-40

  • Department sends prospective employee an offer letter and a blank I-9

    • S/he is instructed to complete Section 1 of the I-9 and return on or before his/her first day of employment

    • Failure to do so before the first day of employment will result in adjustment of hire date


I 9 process hiring using a pr 402
I-9 Process - Hiring Using a PR-40

  • New employee also instructed Section 2 of the I-9 must be completed within 3 days of hire date or else s/he will be terminated

    • S/he must provide original document(s) that establish identity and employment eligibility

  • New employee will not be approved to start work until HR receives I-9 with at least Section 1 completed

  • Department may not start anyone until approval to begin work is given by HR


I 9 process hiring by spreadsheet adjunct faculty
I-9 Process – Hiring by Spreadsheet (Adjunct Faculty)

  • Adjunct faculty hired on three (3) year appointments

  • Work on a semester-to-semester basis

    • Break in service between semester

    • Considered a rehire if works next semester

    • I-9 must be recertified each semester s/he works (HR will recertify)

    • If I-9 more than 3 years old, a new form must be completed


I 9 process hiring by spreadsheet adjunct faculty1
I-9 Process – Hiring by Spreadsheet (Adjunct Faculty)

  • Office of Provost will send out blank I-9s including instructions and documentation list with each 3-year appointment letter

  • Employee must complete Section 1 and return on or before his/her first day of employment

  • S/he also instructed Section 2 of the I-9 must be completed within 3 days of hire date or else s/he will be terminated

  • S/he must provide original document(s) that establish identity and employment eligibility


I 9 process hiring by spreadsheet adjunct faculty2
I-9 Process – Hiring by Spreadsheet (Adjunct Faculty)

  • Date of hire will be first day his/her class is in session if Section 1 of the I-9 is completed and received in HR prior to that date, if not, the date will be adjusted

  • HR will recertify I-9s on Adjuncts who are being rehired within 3 years of the latest I-9 on file


I 9 process best practices
I-9 Process – Best Practices

  • The best scenario for all employees is to fully complete (Sections 1 and 2) of the I-9 with all signatures and return to HR on or before the employee’s first day of work

    • Please remember that until the completed I-9 is received in HR, the PR-40 will not be processed and the employee will not be placed on the university’s payroll

  • If an employee’s first day (10th or 25th of the month) actually falls on a weekend, Section 1 of the I-9 must be completed the following Monday (actual first work day)

    • In Section 2 where date employment began is entered, put 10th or 25th but make a note on the form actual first day worked was that Monday; signature sections will be dated the actual date the form was completed

  • You no longer have to send copies of the IDs with the I-9 form

    • We still need a copy of the employee’s Social Security Card for Payroll purposes


Completion of the i 9 form section 1
Completion of the I-9 FormSection 1

  • Hiring department responsible for ensuring Section 1 is properly completed, signed and dated on the employee’s start date.

  • The employee must complete all blanks in Section 1 and attest to a status

    • Citizen or national of United States

    • Lawful permanent resident

    • Alien authorized to work


Completion of the i 9 form section 11
Completion of the I-9 FormSection 1

  • Employee must sign and date Section 1

  • If employee needs assistance in completing Section 1, you may help him/her but you will need to fill out the Preparer/Translator Certification

  • If anything is left blank in Section 1 or it is not signed and dated, the form will be returned to the department


Completion of the i 9 form section 2 non us citizen
Completion of the I-9 FormSection 2 – Non US Citizen

  • If the employee indicates in Section 1 that s/he is not a US Citizen, s/he must be immediately referred to RU’s Tax Compliance Manager to complete Section 2 of the I-9

  • The Tax Compliance Manager will look at the employee’s original document(s) and if they are in order, will complete Section 2 and fax a copy to HR


Completion of the i 9 form section 2 non us citizen1
Completion of the I-9 FormSection 2 – Non US Citizen

  • Once HR receives faxed I-9 from the Tax Compliance Manager, approval will be given to the department that the employee may begin work and the PR-40 will be processed adding the employee to the university’s payroll


Completion of the i 9 form section 2 us citizen
Completion of the I-9 FormSection 2 – US Citizen

  • The hiring department may complete Section 2 if the employee is a US Citizen

  • Section 2 must be completed and delivered to HR by the close of business on the employee’s third day of work

    • Employee hired for less than 3 days must have his/her I-9 completed (Sections 1 and 2) by the end of his/her first day of employment

  • The hiring department also has the option to send the employee to HR for completion of Section 2

    • Please remember that until the completed I-9 is received in HR, the PR-40 will not be processed and the employee will not be added to the university payroll


Completion of the i 9 form section 2 us citizen1
Completion of the I-9 FormSection 2 – US Citizen

  • The employee must present the required documentation that establishes identity and employment eligibility at the time Section 2 of the I-9 is completed

  • A List of Acceptable Documents is printed on the back of the I-9 form

  • The employee may choose which document(s) s/he wishes to present from this list

  • The employer must accept any document or combination of documents which reasonably appear to be genuine and relate to the person presenting them

    • You cannot specify which documents you will accept


Completion of the i 9 form section 2 us citizen2
Completion of the I-9 FormSection 2 – US Citizen

  • If employee presents documentation from List A, do not ask for additional documentation

  • If employee presents documentation under Lists B and C, ensure there is only one document examined from each list

  • All documents presented must be unexpired

  • In order for you to complete Section 2, you must examine the original documents

    • Do not accept copies or faxes of these documents


Completion of the i 9 form section 2 us citizen3
Completion of the I-9 FormSection 2 – US Citizen

  • If the documents are unexpired and appear genuine, record document title, issuing authority, document number and expiration date (if any) in the corresponding sections under List A or B and C.

  • After examining documents, sign and print your name, title, department street address and date form.

    • Also include the date employment began

    • Leaving this date off is the most common error on I-9 forms and could result in a fine


Completion of the i 9 form section 2 us citizen4
Completion of the I-9 FormSection 2 – US Citizen

  • When you sign in Section 2 you are “attesting, under penalty of perjury, that the above-listed document(s) appear to be genuine and to relate to the employee named”

    • Only the person who actually saw the original document(s) may sign Section 2


Terminations
Terminations

  • If an employee fails to complete Section 2 of the I-9 or provide proof of having applied for the documentation by the close of business on his/her 3rd day, s/he will be terminated

    • Department will be notified by HR that s/he will be unable to return for 4th day of work

    • Department will be required to complete a new PR-40 for a one-time pay indicating the number of hours worked or the total amount to pay the employee for the three days s/he worked (original PR-40 will be voided)

    • For Adjunct Faculty hired off a spreadsheet, HR will process a PR-21 to payroll indicating how to pay the individual.


Terminations1
Terminations

  • HR will notify the hiring department and the employee of the employee’s termination verbally and in writing with a copy also being sent to the appropriate VP


Alternate documentation
Alternate Documentation

  • An employee unable to produce an employment eligibility document may present a receipt for application of a replacement document.

  • The receipt authorizes employment for 90 days

  • Receipt must be presented before the close of business on his/her 3rd day of employment


Alternate documentation1
Alternate Documentation

  • If a new employee produces evidence that s/he has applied for a replacement document, send him/her immediately to HR along with the I-9 and the receipt (HR will handle these situations)

  • If the employee provides the replacement document within 90 days to HR, s/he will be allowed to continue working

  • If the employee does not provide the replacement document within 90 days to HR, s/he will be terminated


Facsimiles copies
Facsimiles/Copies

  • HR will not accept copies or faxes of completed I-9 forms

  • Original I-9 forms must be delivered to HR by the end of the employee’s third work day


Processing the pr 40 with completed i 9
Processing the PR-40 with Completed I-9

  • Once the I-9 is completed (Sections 1 and 2) and delivered to HR, the PR-40 is processed and sent to Payroll and Budget by HR

  • HR will notify the department that the PR-40 has been processed

  • HR will maintain the files for all I-9s


Reverifying employment authorization
Reverifying Employment Authorization

  • An employee authorized to work for a specific time period must have his/her employment eligibility reverified by HR or the Tax Compliance Manager before his/her employment eligibility has expired

  • HR or the Tax Compliance Manager will handle all I-9s for employees in this situation


Rehired employees
Rehired Employees

  • If an employee is rehired, HR must ensure s/he is still authorized to work

  • If the employee is rehired within 3 years of the date the I-9 was originally completed, s/he is still eligible to be employed on the same basis as previously indicated on the I-9

  • A rehire who has an older version of the I-9 on file will have to complete a new form

  • All I-9 authorizations for rehires will be handled through HR

    • Once the I-9 is reverified, HR will contact the department that the PR-40 will be processed and the employee placed on payroll

    • The employee may not begin work until HR has contacted the department


Duplicate i 9s
Duplicate I-9s

  • I-9s submitted by students to the Financial Aid Office under the work study/work scholarship program and/or the Graduate College through a graduate assistantship cannot be used if the student is employed through the university

  • A new I-9 must be completed and original documents must be presented that establish identity and employment eligibility


Retention of i 9s
Retention of I-9s

  • All I-9s will be maintained in HR according to the record and retention schedule of the Library of Virginia

    • I-9s must be retained for three years from the date of hire or for one year from the date employment ends

  • Departments should not keep copies of I-9s in their files


Sample completed i 9s
Sample Completed I-9s

  • Section 1 sample – U S Citizen

  • Section 1 sample – Non U S Citizen

  • Section 1 sample – Preparer and/or Translator Certification

  • Section 2 sample – Passport (List A Document)

  • Section 2 sample – Driver’s License and Social Security Card (Lists B & C Documents)

  • How to correct errors on I-9s


Common i 9 errors that may result in fines
Common I-9 Errors That May Result in Fines

  • Use an updated I-9 form (older versions will be returned to departments)

  • Make sure the List of Acceptable Documents is attached to the form or copied on the back of the form

  • Have the employee complete Section 1 on or before his/her first day of employment

  • Complete Preparer/Translator certification if you enter any data in Section 1

  • Make sure the citizenship block in Section 1 is completed


Common i 9 errors that may result in fines1
Common I-9 Errors That May Result in Fines

  • Use only original documents to verify identity and employment eligibility

  • Do not accept Social Security Cards that have any wording other than the employee’s name on it (ex. “not valid for employment”)

  • Do not accept Social Security Cards that are laminated

  • Do not ask for more documents than are required

    • One from List A; or

    • One each from List B and C


Common i 9 errors that may result in fines2
Common I-9 Errors That May Result in Fines

  • Be sure to enter the employment begin date in Section 2

  • Be sure to enter document title, issuing authority, document number and expiration date (if any) in Section 2

  • Be sure to enter your department’s street address in Section 2

  • Do not back date

  • Do not use White-out, tape or erase any information on the form

    • Line through any errors, write in correct information, initial and date


Questions
Questions

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