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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

Katie Vidrine

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“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.

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    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

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    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.

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    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.

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    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.

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    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

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    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.

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    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

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    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).

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    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.

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    • 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.

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    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.

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    • 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.

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    Dual Employment

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

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    • All new hires and re-hires must be E-Verified within 3 business days.

    • Submit I-9 to 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)

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    • 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