Form I-9 Updates

1. Form I-9 Updates Katie Vidrine

2. “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.

3. 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

4. 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.

5. Example: H-1B Extension

6. 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.

7. 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.

8. Example: H-1B Porting

9. 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

10. SEVIS # on DS-2019

11. Example: J-1 Employees

12. 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.

13. 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

14. SEVIS # on I-20

15. Example: F-1 Employees

16. F-1 Reverifications

17. 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).

18. 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.

19. 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.

20. 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.

21. 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.

22. Dual Employment • If an employee is in a dual employment situation within E workstation, he/she only needs one I-9 on file.

23. E-Verify • All new hires and re-hires must be E-Verified within 3 business days. • Submit I-9 to i9@moss.tees.tamus.edu 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)

24. 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