Completing the Form I-9 “Employment Authorization Form” Citizens, Permanent Residents & Aliens Authorized to Work
Why do we need an I-9? • PURPOSEThe Immigration Reform and Control Act made all U.S. employers responsible to verify the employment eligibility and identity of all employees hired to work in the United States after November 6, 1986. To implement the law, employers are required to complete Employment Eligibility Verification forms (Form I-9) for all employees, including U.S. citizens. The I-9 must be completed within 3 DAYS of the hire date or the employer may terminate employment. If the employer is audited and the I-9 is found incomplete the employer could face fines from $100-$10,000.
Request for specific documents is NOT allowed • An employee can give you his choice of combination of documents. We CANNOT request more documents if an acceptable ID or combination of IDs is already presented. • If they do not know what to present, you can suggest possible combinations, but make it clear that they may choose which IDs they show us. If the ones they present are not acceptable, you may request that they show us more identification, but do not demand a certain type.
Three Day Grace Period • I-9 Form MUST be completed within three days of hire • The original documents must be verified…photo copies of IDs cannot be accepted • The form must be signed and dated by employee and employer at that time
Definitions • Visa:This is a permit that allows a person to enter a country. The employee must have a Work Visa to be eligible for employment. There are different types of Visas an international employee may have. • Passport:This is a form used for International Identity. This alonedoes not allow you to work, but only visit a particular country. This document shows your picture identity and citizenship status. If the Passport is accompanied by work authorization forms then it may be used for work eligibility. • DS-2019: Certificate of Eligibility for Exchange Visitors (J-1) Status. The (DS-2019)will give the employer the date ranges the employee is allowed to work, a beginning date and an ending date. This form is issued by Int’l Student & Scholar Services or a sponsoring agency (e.g.: Fulbright). This form along with proper identification may be used for work eligibility.
Definitions cont’d… • I-20:Certificate of Eligibility for Non-immigrant Student Status - for Academic and Language Students. Used with the F-1 & F-2 visa. This form will be issued from International Student & Scholar Services at Vanderbilt. In some cases the I-20 will be issued from another school. If so, the student needs additional authorization: an E.A.D. or approval on page 3 of the I-20 for Curricular Practical Training. • I-94:When someone arrives in the United States, he/she should receive a USCIS Form I-94 (Arrival-Departure Record) that will include the admission number (an eleven digit number) to the United States. The BCIS Form I-94, proves that one has entered the United States legally. • USCIS: United States Citizenship and Immigration Services
Let’s Work Together • If you have International employees in your office, please keep track of their work authorization expiration date. Remember they cannot work past their expiration date and that their I-9 will also expire on the same date. (Both must be extended for continued employment.) • If the faculty/staff/postdoc/student worker needs to extend their work authorization date before it expires, please have them contact the appropriate office. • F-1, F-1 OPT, J1, J2: Int’l Student & Scholar Services 2-2753 • H1-B, TN-1, O-1, E-3 or Permanent Residency (“green card”): HR Office of International Services – Lorie Lunn, Director 3-7467
Examples of competed I-9’s Next page…
Permanent Resident with identification from list A • A# should be placed next to Permanent Resident Status
Form I-551 also used for Temporary Employment in regards to Permanent Residents.
Alien • Passport plus USCIS work authorization • Identity page VS. Visa page • USCIS work authorization • Admission number • Use I-94 card number • Work authorization date • I-94 future date for H, O, and TN visas • I-20 Form date for F visas • DS-2019 Form date for J visas
Alien NEVER USE Visa Page for Form I-9
Alien – H1B, O-1, TN1 Visa Holders OR Both are forms of I-94 cards
Alien – D/S: Duration of Status Visa Holders F1, F-2, J-1, and J-2s all have D/S on their I-94 cards under normal circumstances. This means that you must verify the end date on the I-20 or Ds-2019 for the actual end date of their program. If they are on F-1 OPT, the end date on their EADs should be reviewed (as their I-20 end date does not reflect the OPT period). If they have a specific date on their I-94 (i.e.: March 5, 2006), they need to go to Int’l Student & Scholar Services 2-2753 immediately with their documents to rectify this entry-related issue.
Alien – Restricted SS Card If provided by employee, you will ALWAYS need to view a form of identification and the USCIS work authorization
Still need assistance? • Call Beth Grisham @ 2-8402 or Ken Garner @ 2-9508 • Need a blank I-9? Download from the INS website… http://www.immigration.gov/graphics/formsfee/forms/files/i-9.pdf • Make copies of identification in question • Write your contact information at the top of the form.