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U.S. Passport. Expired OK! Unexpired Foreign Passport (wit

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U.S. Passport. Expired OK! Unexpired Foreign Passport (with ... Passport expiration-No need for completion. Permanent Resident Card-No need for completion ... – PowerPoint PPT presentation

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Title: U.S. Passport. Expired OK! Unexpired Foreign Passport (wit


1
Southern Illinois University EdwardsvilleOffice
of Human Resources
  • I-9 Training

2
I-9 Contents
  • Background and History
  • When-Who-Why-How
  • Section 1 Employee Information and Verification
  • Section 2 Employer Review and Verification
  • List A Dual Purpose
  • List B Identity
  • List C Employment Eligibility
  • Section 3 Updating and Re-verification
  • Questions?

3
I-9 Background and History
  • Immigration Reform and Control Act of 1986 (IRCA)
    required all employers to verify the identity and
    employment eligibility of anyone hired after
    November 6, 1986. INS (Immigration and
    Naturalization Services) regulations require
    that an employee may not begin employment unless
    the I-9 form has been completed. If proper
    procedures are not followed, the employer can be
    subject to civil or criminal penalties. It is the
    departments representatives responsibility to
    ensure that the form has been properly completed
    in a timely manner.
  • Immigration Act of 1990
  • Added provisions for anti-discrimination and
    document fraud.  
  • Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 (IIRIRA)
  • Signed 9/30/96 required INS to reduce the of
    acceptable documents by 9/30/97. Proposed a new
    verification form I-9A.
  • Interim rules released 9/30/97 as a stopgap
    measure to rule signed 9/30/96. Interim rules
    eliminated 4 documents from list A
  • The interim rules are in place until INS decides
    on proposed regulations. Proposed regulations
    will reduce documents from lists B and C.  A
    decision is still pending.

4
I-9 When-Who-Why-How
  • When Section 1 of the I-9 Form must be completed
    by the date of hire, in other words, the first
    day of paid work. Section 2 of the form must be
    completed within 3 business days of date of hire.
  • Who An I-9 must be completed by all employees
    hired after 11/06/86. The employer is responsible
    for completion of I-9s for all employees,
    regardless nationality or citizenship.
  • Why I-9s must be completed to comply with USCIS
    laws, otherwise, the employee will not be
    eligible for work
  • How Employees must present original
    documentation (NOT PHOTOCOPIES-FACSIMILES OR
    SCANNED IMAGES) establishing identity and
    employment eligibility. These documents must be
    eligible for List A or B and C. Section 2
    requires proper examination of the documentation
    presented by the employee.

5
I-9 Section 1 Employee information and
verification
  • Employee is responsible for the completion of
    this section. Unless he/she requires a preparer
    or translator. In that case, the preparer must
    sign and date the form.
  • By 1st. Day of employment.
  • No documentation needed.
  • Check, double check
  • All the blanks must be completed except for ..
  • Making errors on Section 1?-DO NOT USE WHITE OUT
  • Month/Day/Year

6
I-9 Section 1
7
I-9 Section 2-Employer Review and Verification
  • Most important section.
  • Dont use white out on the form!. If you make a
    mistake, cross out the error, date it and initial
    it.
  • All corrections must be made by SIUE
    Representative
  • Ensure that document, issuing authority and
    document is recorded on the right lines.
  • NO photocopies, facsimiles, or scanned documents,
    ONLY ORIGINALS.
  • Due by the 3rd. Date of hire. Generally section 1
    and 2 are completed at the same time.
  • Identity and employment eligibility
  • List A-Dual Purpose column
  • List B- Identity
  • List C- Employment Eligibility
  • Mixture of forms when hiring NRA.

8
NRA
PR
I-688 A I-688 B
H1-B
F-1
I-20
I-751
I-197
I-766
I-94
I-551
I-327
Confused ?
9
I-9 Section 2Employer Review and Verification
10
Section 2 List A
  • U.S. Passport. Expired OK!
  • Unexpired Foreign Passport (with I-551 Stamp or
    attached I-94).
  • Form I-766 (EAD Employment Authorization
    Document. Not Listed on the back of the form, but
    acceptable!
  • Temporary Resident Alien Card (I-688.) Unexpired.
  • Alien Registration Card (Resident Alien Card
    I-551) Various versions.
  • Permanent Resident Card I-551. Not subject to
    re-verification.
  • 2 Y Vs. 10 Y.
  • Employment authorization Card (I-688 A/B)

11
(No Transcript)
12
I-9 Employment Authorization Documents
13
(No Transcript)
14
Section 2-List B
  • Drivers License
  • ID Card
  • School ID Card with photograph
  • Voters registration card
  • U.S Military card, draft record, Military
    dependents card, U.S Coast Guard Merchant
    Mariner Card
  • Native American Tribal Document
  • Under 18 Years old School record or report card,
    doctor or hospital record

15
Section 2- List C
  • U.S Social Security number (valid for employment)
  • Birth Certificate issued by US authority
    (including FS 545 and DS-1350)
  • Native American Tribal document
  • US Citizen ID Card
  • ID card for use of Resident Citizen in the US
    (I-179)
  • Unexpired employment authorization document
    issued by DHS (other than List A)
  • I-20 accompanied by a Form I-94 endorse with
    employment authorization by the designated school
    official for off-campus employment or curricular
    Optimal Practical Training (OPT). Applies for
    people with F-1 Visas
  • DS-2019 Accompanied by a form I-94. Specifying
    the sponsor and issued by a sponsor authorized by
    the US Department of State. Applies to J-1
    Exchange visitors.

16
I-9 Section 3- When is it used?
  • Expiration of Work Authorization (Block C)
  • Must be completed before the document expires
  • Passport expiration-No need for completion
  • Permanent Resident Card-No need for completion
  • Receipts showing that the employee has applied
    are not acceptable
  • Complete a new form if work authorization has
    expired

17
I-9 Section 3- When is it used?
  • Also used when rehiring within 3 years
  • Check if employees name has changed
  • Include date of rehire
  • Complete employment eligibility section if applies

18
I-9 Various Issues
  • Discrimination
  • Making copies of documents
  • Specifying certain documents
  • Filing different documents based on
    nationalities, origin, ethnic groups
  • Retention of the form
  • Fines 100 to 1000 for each employee hired
    for improperly completed or not completed.

19
I-9 Questions
  • Do I need to complete a I-9 for everyone applying
    for a job at the University?
  • If someone accepts a job with my department and
    he/she starts working in a month from now, can I
    complete the I-9 when the person accepts the job?
  • What should be done if the person I hired is
    unable to provide the required documents within 3
    business days of the date of employment begins?
    Can be terminated?
  • May I accept an expired document?
  • May I accept a photocopy of a document?
  • May I accept a Canadian drivers license or a
    Mexican Drivers license as part of Section 2
    List B?
  • Can I accept a SSC that has been laminated?

20
I-9 Questions
  • Should I make copies of the documentation
    provided by the employee?
  • Is my department the final repository of the
    I-9s?
  • Do I need a new I-9 for someone promoted to a
    different position or transferred to a different
    department?

21
I-9 Retention Rule
  • The I-9 must be retained for 3 years from the
    date of hire or 1 year from the date the employee
    is terminated, whichever is later applies. Rule
    only applies for people no longer employed.
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