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Form I-9

Form I-9. What is the Purpose of this form?. Employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986, to work in the United States.

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Form I-9

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  1. Form I-9

  2. What is the Purpose of this form? • Employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986, to work in the United States. • Form I-9 is made up of three sections. Employers may be fined if the form is not complete.

  3. Form I-9 has changed • It is now 2 pages • E-mail address and telephone number are both listed on the form but are optional • Additional information is required for aliens authorized to work • The new form is formatted differently, with a clear employee signature area • A space for a 3-D barcode has been added to both pages

  4. Older Version

  5. New Version

  6. Form I-9 Basics • Form I-9 with instructions and List of Acceptable Documents must be provided to the employee • Section 1 must be completed by the employee no later than the end of his/her first day of work • Section 2 must be completed by the employer within three (3) business days of the employee’s first day of work • Employee begins work on Monday, employer must complete Section 2 by Thursday

  7. Completing Section 1 • Only the employee may complete Section 1 of Form I-9. The employer is responsible for reviewing and ensuring that Section 1 is completed correctly. • If the employee cannot complete Section 1 without assistance or if he/she needs Form I-9 translated, someone may assist him/her • Please refer to page 3 of the M-274 for instructions

  8. Section 1

  9. Completing Section 2 • Employer must allow the employee to select which original documentation he/she will provide to demonstrate that he/she is authorized to work in the U.S. • One document from List A or a document from List B andone from List C • Employers cannot specify which document(s) employees may present from the Lists of Acceptable Documents.

  10. Section 2

  11. Section 2 Cont’d • Employers or authorized representative must: • Physically examine each original document(s), the person who examines the document(s) must be the same person who signs Section 2 • Record document title shown on the Lists of Acceptable Documents, issuing authority, document number and expiration date (if any) • Under Certification, enter the employee’s first day of employment • Provide the name and title of the person completing Section 2 in the Signature of Employer or Authorized Representative field • Sign and date the attestation on the date Section 2 is completed

  12. List A • Try to spell out the exact title Abbreviations for Document Title List B • Driver’s License • NMDL • ID Card • NMID • Student ID • SJC Student ID List C • Social Security Card • SSC • Certification of Birth Abroad • Birth Certificate Abroad • Birth Certificate • Birth Certificate

  13. List A • US Passport/US Passport Card • US Dept. of State • Permanent Resident Card “Green Card” • USCIS • Resident Alien Card • US Dept. of Justice • Employment Authorization Document (EAD) • USCIS Abbreviations forIssuing Authority List B • Driver’s License • MVD/DMV/State of _ _ • ID Card • State of _ _ • Student ID • Name of School List C • Social Security Card • SSA or Dept. of HHS • Certification of Birth Abroad • US Dept. of State • Certification of Report of Birth • US Dept. of State • Birth Certificate • State of _ _/County/Municipal Authority

  14. To Copy or Not to Copy? • As of May 7, 2013 we will start keeping copies of documents (front & back) and retain these copies with the Form I-9

  15. Avoiding Discrimination in the Form I-9 Process • You should NOT: • Require different documents to be presented by employees because of their citizenship or national origin • Request to see employment eligibility verification documents before hire and completion of Form I-9 because someone looks or sounds “foreign” or because they state that he/she are not a U.S. citizen • Refuse to accept a document because it has a future expiration date • Over-documentation – requiring more documents than necessary (i.e. completing List A, B, and C document section)

  16. Audits • Immigration and Customs Enforcement (ICE) Office of Investigations (OI)(Worksite Enforcement (WSE) Unit) • Special Agents, Forensic Auditors and/or Criminal Research Specialists • Office of Chief Counsel (OCC) • Office of the Chief Administrative Hearing Officer (OCAHO) • U.S. Attorney (criminal prosecution)

  17. Types of Form I-9 Violations • “Paperwork” violations – monetary penalty • Technical/Procedural • Substantive • “Knowing” violations – more serious • Constructive and Actual Knowledge • Knowing hire • Continuing to employ • Discrimination Violations • Citizenship or Immigration Status Discrimination • National Origin • Unfair Documentary Practices during Form I-9 process • Retaliation

  18. Penalties • Fines may be increased or decreased by up to 25% depending on mitigating or aggravating factors • Business Size • Good Faith • Seriousness • Unauthorized Workers • History • Criminal Prosecution • Up to 6 months imprisonment for knowingly hiring or continuing to employ unauthorized worker • Up to 5 years imprisonment for making false statements or attestations for purposes of satisfying the employment eligibility verification requirements • Attorneys fees for discrimination violations • Barred from government contracts

  19. Knowing Hire/Continuing to Employ Fine Schedule

  20. Substantive Violation Fine Schedule

  21. In a nut shell • Employee completes Section 1 by no later than their first day of employment • We cannot have someone complete the Form I-9 unless they have accepted a job offer • Employer completes Section 2 by no later than the fourth day from the employee’s first day of employment • Employee must provide documentation from the Lists of Acceptable Documents • If the employee cannot provide the necessary documentation by that fourth day, they can no longer work • Make a copy (front & back) of the documentation used and staple it to the employee’s I-9 and send it to HR • The person who completes Section 2 must be the same person who completes the Certification

  22. Questions? • Please refer to the USCIS link below for additional information or to download the new Form I-9 or the M-274 Handbook for Employers. • www.uscis.gov/I-9Central

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