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Form I-9

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  1. Form I-9 Employment Eligibility Verification

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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.

  20. 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

  21. 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

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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

  27. 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

  28. 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

  29. 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

  30. 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

  31. 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

  32. 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

  33. Questions ?????????????