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Form I-9 Updates . Katie Vidrine. “Thursday Rule” . Employer has 3 business days after the employee’s first day to complete Section 2 of the I-9. (4 days total) EX) If employee starts working on Monday, the employer has until Thursday to complete Section 2.

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form i 9 updates

Form I-9 Updates

Katie Vidrine

thursday rule
“Thursday Rule”
  • Employer has 3 business days after the employee’s first day to complete Section 2 of the I-9. (4 days total)
      • EX) If employee starts working on Monday, the employer has until Thursday to complete Section 2.
  • Employee must still complete Section 1 on or before his/her date of hire.
permanent residents
Permanent Residents
  • When reverification is needed:
    • If the employee presents an expired PR card along with a Form I-797 indicating that the card is valid for an additional year.
      • You must reverify this employee at the end of that year
    • If an employee presents a foreign passport with a temporary I-551 stamp or MRIV.
      • You must reverify when the stamp or MRIV expires
    • If an employee presents an I-94 containing an I-551 stamp and photo of the individual
      • You must reverify when the stamp expires or 1 year from I-94 issuance date
h 1b applications
H-1B Applications
  • If an employee has timely filed for an extension of stay, he/she may continue employment with the same employer for up to 240 days from the date the authorized period of stay expires.
  • If a petition is NOT timely file, the 240 day rule does not apply, and the employee cannot work until the approval notice is received.
  • To document on I-9, write “240-day Ext.” and record the date Form I-129 was submitted to USCIS in the margin next to Section 2.
  • Employment must be reverified once the petition is approved and new I-94 card received.
h 1b process change
H-1B Process Change
  • For TEES employeeson H-1B visas:
    • Departments will now receive a copy of I-797C receipt notices, and I-797A approval notices with I-94 cards
    • TEES Personnel will complete H-1B reverifications when possible
        • Department will be notified that reverification was completed.
h 1b porting
H-1B Porting
  • An H-1B employee who is changing employers within the H-1B program may begin working for you as soon as you timely file a Form I-129 petition on his/her behalf (prior to employee leaving current employer)
  • The employee’s I-94 issued with the previous employer, along with his/her foreign passport would qualify as a List A document.
  • Write “AC-21” and record the date the I-129 was submitted to USCIS in the margin of Section 2.
  • Employment must be reverified once a new I-94 is received.
documenting j 1 employees
Documenting J-1 Employees
  • USCIS is now requiring that the SEVIS number be listed in List A of Section 2.
  • Section 2, List A should be completed as follows:

Document title: “Passport”, Passport #

Issuing authority: Country, Exp. Date

Document #: “I-94”, I-94#_____

Expiration Date: I-94 Expiration Date (from DS-2019)

Document #: “DS-2019”, SEVIS#

Expiration Date: DS-2019 exp. date

j 1 reverifications
J-1 Reverifications
  • Include both the I-94 and DS-2019 in Section 3 when reverifying a J-1 visa holder.
  • Expiration date is the I-20 expiration date.
documenting f 1 employees
Documenting F-1 Employees
  • Similar to J-1 Employees

Document title: “Passport”, Passport #

Issuing authority: Country, Exp. Date

Document #: “I-94”, I-94#_____

Expiration Date: I-94 Expiration Date (from I-20)

Document #: “I-20”, SEVIS#

Expiration Date: I-20 exp. date

f 1 opt
F-1 OPT
  • If an employee has applied for initial OPT after graduation or completion of coursework, he/she cannot work until he/she receives the EAD card, even if his/her I-20 is not expired.
  • If an employee’s EAD card expires while a STEM extension is pending, he/she is authorized to work until USCIS makes a decision, but not more than 180 days.
  • An employee on OPT cannot drop below 50% effort, or he/she may only continue working on OPT for 90 days (allowed unemployment period).
f 1 opt stem extension example
F-1 OPT STEM Extension Example
  • I-20 should be endorsed by designated school official, and should recommend STEM extension
  • When employee receives his/her new EAD, another reverification is needed.
graduation
Graduation
  • If an F-1 or J-1 employee has graduated from TAMU, his/her work authorization expires at the time of graduation.
  • If the employee plans to continue his/her education with TAMU, he/she will need updated documentation to reflect the new academic program.
  • If the employee does not obtain new documentation by graduation, he/she must stop working until this documentation is acquired.
unsigned social security card
Unsigned Social Security Card
  • The new handbook clarifies that an unsigned SS card can be accepted, even if it states “invalid if not signed”.
  • The SS card must not be laminated.
transfers
Transfers
  • Definition of “Transfer” has changed
  • An employee that transfers between “E” station departments, or within an “E” station department with no break in service will not need a new I-9.
      • Valid work authorization required
      • Employee must have been actively working in transfer out department. Otherwise considered a rehire.
  • If an employee is currently employed within “E” workstation, no I-9 is needed to hire the employee in your department.
dual employment
Dual Employment
  • If an employee is in a dual employment situation within E workstation, he/she only needs one I-9 on file.
e verify
E-Verify
  • All new hires and re-hires must be E-Verified within 3 business days.
  • Submit I-9 to [email protected] as soon as possible to avoid late submission of information to E-Verify
      • If submitted late, please provide a reason for the delay
  • Will likely cause an increase in the number of tentative non-confirmations (TNCs)
reminders
Reminders
  • Employee should make any corrections to Section 1 when possible
  • Be sure to include business name in Section 2
  • Visas are not acceptable I-9 documents
  • Singleline through errors, and initial & date all changes
  • Please let me know if an I-9 was completed for an employee, but he/she never worked in your department (no EPA was done)
  • If an employee’s work authorization expires before new documentation is obtained, he/she must stop working
  • If an employee has a name discrepancy, please attach memo to explain
  • Do NOT backdate the Form I-9
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