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Completing the Form I-9

Completing the Form I-9

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Completing the Form I-9

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    1. Completing the Form I-9

    2. Purpose The purpose of this presentation is to provide a supplemental guide about the correct way to complete the Form I-9 with different possible combinations of document(s) that an employee may present to you. Additional information can be found in the U.S. Citizenship and Immigration Services Handbook for Employers http://www.uscis.gov/files/form/m-274.pdf. As a reminder, the employee may choose which document(s) he or she wants to present from the List of Acceptable Documents. The employer may not specify which documents will be accepted for verification.

    3. Overview I-9 Process One Day and Three Day Rule Acceptable I-9 Documents Form I-9 Examples Form I-9 using Document Receipts Form I-9 with the assistance of a Notary Form I-9 Reverification Avoid Common Errors and Correcting Errors Penalties I-9 Audits Unique Situations Who to Call Practice

    4. I-9 Process Employers must give the 5 page I-9 packet in its entirety to the employee. 2. Any time after the acceptance of a job offer and the first day of work for pay, the employee may complete Section 1 of Form I-9. Employers may not specify which document or combination of documents that the employee should provide. The employee has 3 days from the first day of work for pay to provide an acceptable document or document(s). The employer must examine the document(s) and complete Section 2 no later than 3 days after the employees first day of work for pay. If there are any questions during this process, please contact Human Resources, 742-3851.

    5. One Day and Three Day Rule One Day The employee must complete Section 1 of Form I-9 by his or her first day of work for pay. Employees may complete Section 1 of Form I-9 at any time between acceptance of a job offer and the first day of work for pay. You may not start the I-9 process before the employee accepts your employment offer. Three Day The employer must review the employees document(s) and fully complete Section 2 of Form I-9 within three business days of the first day of work for pay.

    6. Acceptable Documents To establish both identity and employment authorization, an employee must present to his or her employer a document or combination of documents, if applicable, from List A, which shows both identity and employment authorization; or one document from List B, which shows only identity, and one document from List C, which show only employment authorization. May I accept a photocopy or faxed copy of a document presented by an employee? A. No. Employees must present original documents. The only exception is that an employee may present a certified copy of a birth certificate.

    7. Acceptable Documents List A

    8. Acceptable Documents

    9. Form I-9 Section 1

    10. Example 1: Foreign Passport, I-94/I-94A, Form I-20 If the employee presents you with the following documents: An unexpired foreign passport, A valid Form I-94/I-94A showing D/S and F-1 status, and Form I-20 These documents establish the employees identity and employment authorization for Form I-9 purposes and should be recorded in Section 2 under List A of Form I-9.

    11. Examples of I-94 Documents

    12. Example of Form I-20

    13. Example 1-A: Foreign Passport, I-94/I-94 A, Form I-20

    14. Example 2: Employment Authorization Card

    15. Example 2-A: Employment Authorization Card

    16. Example 3: Foreign Passport, I-94/I-94A, DS-2019 If the employee presents you with the following documents: An unexpired foreign passport, A valid Form I-94/I-94A showing D/S and J-1 status, and Form DS-2019 J Program Sponsor Letter 1. J-1 Students In addition to the documents listed above, J-1 Students must have a letter from the J program sponsor (whether its TTU or some other sponsor) specifically giving the student employment authorization with TTU for a specific time period. 2. The expiration date for the J-1 Student employment authorization will come from the sponsors letter, not from the expiration of the DS-2019. These documents establish the employees identity and employment authorization for Form I-9 purposes and should be recorded in Section 2 under List A.

    17. Form DS-2019 Example

    18. J1 Sponsor Letter Example

    19. Example 3-A: Foreign Passport, I-94/I-94A, DS 2019

    20. Example 4: Foreign Passport, Form I-94/I-94A If the employee presents you with the following documents: Unexpired foreign passport Form I-94 Notice of Action Form I-797 *This has to be an I-797 Approval Notice for Texas Tech University; not for any other employer.

    21. Form I-797 Approval Notice Example

    22. Example 4-A: Foreign Passport, Form I-94/I-94A

    23. Example 4-B 240 Day Extention Foreign Passport, Form I-94/I-94A

    24. Example 5: Drivers License & Social Security Card

    25. Social Security Card Examples There are only two possible issuing authorities. Social Security Administration or Department of Health and Human Services

    26. Example 6: Drivers License & Birth Certificate

    27. Birth Certificate Example

    28. Example 7: Reverification Reverification: For reverification purposes, employers have the option of completing Section 3 on a new Form I-9. At TTU, new Form I-9s will be completed for all I-9 reverifications. Can an employee present different documents during the reverification process? Yes. Employers cannot specify what documents the employee needs to present.

    29. Example 7-A: Re-verification Using EAD Card

    30. Example 7-B: Re-verification DS-2019/I-94

    31. Example 7-C: Re-verification I-20/I-94

    32. Example 7-D: Re-verification Permanent Resident Card

    34. Example 8: Using a Receipt

    35. Completing Form I-9 With the assistance of a notary If it is necessary to use a notary to assist in the completion of Form I-9 1. Employee completes Section 1 2. Notary completes Section 2 Review and Verification of documents. 3. Notary completes Section 2 Certification a. Notary signs his/her name, prints his/her, and fills in title as notary. b. Notary completes Business or Organization Name and address with TTUs information. 4. Notary writes the appropriate date completed. Please have the notary call HR Comp & Ops and we will walk them through the process!

    36. Document Reminders A few document reminders: All documents must be unexpired, You must verify the actual document, copies and faxes are not acceptable, Metal or plastic reproductions of a social security card are not acceptable, Some documents such as social security cards and birth certificates do not contain expiration dates and should be treated as unexpired.

    37. Avoid Common Errors If you enter any data in Section 1, be sure to complete the preparer certification. Employee must complete form on or before first day of work for pay. Employee must sign on correct line. Complete List A using the passport date, do not use the visa page. Do not use copies or faxes to complete the I-9, use original documents only. Foreign passports commonly list dates as day-mo-yr. The I-9 requires the date format to be mo-day-yr. Do not use more documents than are required. Employer must certify documents no later than the 3rd day after the employees date of hire. There must be a physical address listed for Texas Tech no PO Boxes or Mail Stops.

    38. Correcting Errors Draw a single line through the incorrect information. Never use white out or completely black out incorrect information. Write missing information or correct information nearby. Date and initial by person making the correction. Never backdate.

    39. Penalties If the DHS or an administrative law judge determines that you have knowingly hired unauthorized aliens (or are continuing to employ aliens knowing that they are or have become unauthorized to work in the U.S.), you may be ordered to cease and desist from such activities and pay a civil money penalty as follows: First offense: Not less than $375 and not more than $3,200 for each unauthorized alien. Second offense: Not less than $3,200 and not more than $6,500 for each unauthorized alien. Subsequent offenses: Not less than $4,300 and not more than $16,000 for each unauthorized alien.

    40. Penalties Failing to comply with Form I-9 requirements such as properly completing, retaining and/or making available for inspection Forms I-9 as required by law, may result in civil money penalties from $110 to $1,100 for each violation. If it is determined that there is a practice of knowingly hiring and/or continuing to employ unauthorized aliens, that may result in $3,000 per employee and/or six months in jail.

    41. I-9 Audits September 2010 Abercrombie & Fitch fined $1 million The company was fully cooperative during the audit and no instances of the knowing hire of unauthorized aliens were discovered. The fine was a result of technical deficiencies. February 2011 Subway Restaurant is fined $27,000 Missing and incomplete I-9 forms. September 2007 Krispy Kreme fined $40,000 Did not have proper I-9 documentation resulting in the employment of illegal aliens.

    42. I-9 / New Employee Packet It is critical that the Form I-9 is completed correctly. All forms that are not correctly completed will be returned to you for corrections and may result in delayed processing of the new employees ePAF.

    43. Unique Situations If you have a situation that does not fall into one of the scenarios addressed in this presentation or if you have any questions at all, please call Human Resources Comp and Ops for assistance before you submit the I-9 packet. 742-3851

    44. Resources Specific questions on completing the Form I-9? Human Resources Comp & Ops 742-3851 hrs.compensation.operations@ttu.edu Specific questions about the documents you have received or employment eligibility? Dr. Bob Crosier, International Student and Scholar Studies 742-3667 bob.crosier@ttu.edu Dawn Cepica, International Faculty Counselor 742-3667 dawn.cepica@ttu.edu

    45. Questions Examples

    46. Unexpired US Passport

    48. Unexpired foreign passport/ Form DS-2019/ Form I-94

    49. Unexpired foreign passport/ Form DS-2019/ Form I-94 - Sample