How to Complete a Form I9

Report
Form I-9
What is the Purpose of this
form?
 Employers
must complete Form I-9 to
document verification of the identity and
employment authorization of each new
employee (both citizen and noncitizen)
hired after November 6, 1986, to work in
the United States.
 Form I-9 is made up of three sections.
Employers may be fined if the form is not
complete.
Form I-9 has changed



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It is now 2 pages
E-mail address and telephone number are
both listed on the form but are optional
Additional information is required for aliens
authorized to work
The new form is formatted differently, with a
clear employee signature area
A space for a 3-D barcode has been added
to both pages
Older Version
New Version
Form I-9 Basics



Form I-9 with instructions and List of
Acceptable Documents must be provided to
the employee
Section 1 must be completed by the
employee no later than the end of his/her first
day of work
Section 2 must be completed by the
employer within three (3) business days of the
employee’s first day of work

Employee begins work on Monday, employer
must complete Section 2 by Thursday
Completing Section 1


Only the employee may complete Section 1
of Form I-9. The employer is responsible for
reviewing and ensuring that Section 1 is
completed correctly.
If the employee cannot complete Section 1
without assistance or if he/she needs Form I-9
translated, someone may assist him/her

Please refer to page 3 of the M-274 for
instructions
Section 1
Completing Section 2
 Employer
must allow the employee to
select which original documentation
he/she will provide to demonstrate that
he/she is authorized to work in the U.S.


One document from List A or a document
from List B and one from List C
Employers cannot specify which
document(s) employees may present from
the Lists of Acceptable Documents.
Section 2
Section 2 Cont’d

Employers or authorized representative must:

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Physically examine each original document(s), the
person who examines the document(s) must be the
same person who signs Section 2
Record document title shown on the Lists of Acceptable
Documents, issuing authority, document number and
expiration date (if any)
Under Certification, enter the employee’s first day of
employment
Provide the name and title of the person completing
Section 2 in the Signature of Employer or Authorized
Representative field
Sign and date the attestation on the date Section 2 is
completed
Abbreviations for
Document Title
List A
 Try to spell
out the
exact title
List B
 Driver’s License


ID Card


NMDL
NMID
Student ID

SJC Student ID

SSC
List C
 Social Security Card

Certification of Birth
Abroad


Birth Certificate Abroad
Birth Certificate

Birth Certificate
Abbreviations for
Issuing Authority
List A

US Passport/US Passport Card

US Dept. of State

Permanent Resident Card
“Green Card”

Resident Alien Card

Employment Authorization
Document (EAD)



USCIS
US Dept. of Justice
USCIS
List B
 Driver’s License


ID Card


MVD/DMV/State of _ _
State of _ _
Student ID

Name of School
List C
 Social Security Card


Certification of Birth Abroad


US Dept. of State
Certification of Report of Birth


SSA or Dept. of HHS
US Dept. of State
Birth Certificate

State of _ _/County/Municipal
Authority
To Copy or Not to Copy?
 As
of May 7, 2013 we will start keeping
copies of documents (front & back) and
retain these copies with the Form I-9
Avoiding Discrimination in the
Form I-9 Process

You should NOT:

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Require different documents to be presented by
employees because of their citizenship or national origin
Request to see employment eligibility verification
documents before hire and completion of Form I-9
because someone looks or sounds “foreign” or because
they state that he/she are not a U.S. citizen
Refuse to accept a document because it has a future
expiration date
Over-documentation – requiring more documents than
necessary (i.e. completing List A, B, and C document
section)
Audits
 Immigration
and Customs Enforcement
(ICE) Office of Investigations (OI)(Worksite
Enforcement (WSE) Unit)

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Special Agents, Forensic Auditors and/or
Criminal Research Specialists
Office of Chief Counsel (OCC)
Office of the Chief Administrative Hearing
Officer (OCAHO)
U.S. Attorney (criminal prosecution)
Types of Form I-9 Violations

“Paperwork” violations – monetary penalty
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“Knowing” violations – more serious
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Technical/Procedural
Substantive
Constructive and Actual Knowledge
Knowing hire
Continuing to employ
Discrimination Violations

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Citizenship or Immigration Status Discrimination
National Origin
Unfair Documentary Practices during Form I-9 process
Retaliation
Penalties

Fines may be increased or decreased by up to 25%
depending on mitigating or aggravating factors

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Business Size
Good Faith
Seriousness
Unauthorized Workers
History
Criminal Prosecution

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Up to 6 months imprisonment for knowingly hiring or continuing
to employ unauthorized worker
Up to 5 years imprisonment for making false statements or
attestations for purposes of satisfying the employment eligibility
verification requirements
Attorneys fees for discrimination violations
Barred from government contracts
Knowing Hire/Continuing to
Employ Fine Schedule
% of violations
based on total
number of I-9s
1st Tier
$375 - $3,200
2nd Tier
$3,200 - $6,500
3rd Tier
$4,300 - $16,000
0% - 9%
$375
$3,200
$4,300
10% - 19%
$845
$3,750
$6,250
20% - 29%
$1,315
$4,300
$8,200
30% - 39%
$1,785
$4,850
$10,150
40% - 49%
$2,255
$5,400
$12,100
50% +
$2,725
$5,590
$14,050
Substantive Violation Fine
Schedule
% of violations 1st Offense
based on total $110 - $1,100
number of I-9s
2nd Offense
$110 - $1,100
3rd Offense +
$110 – $1,100
0% - 9%
$110
$550
$1,100
10% - 19%
$275
$650
$1,100
20% - 29%
$440
$750
$1,100
30% - 39%
$605
$850
$1,100
40% - 49%
$770
$950
$1,100
50% +
$935
$1,100
$1,100
In a nut shell

Employee completes Section 1 by no later than their first
day of employment



Employer completes Section 2 by no later than the fourth
day from the employee’s first day of employment
Employee must provide documentation from the Lists of
Acceptable Documents



We cannot have someone complete the Form I-9 unless they
have accepted a job offer
If the employee cannot provide the necessary documentation
by that fourth day, they can no longer work
Make a copy (front & back) of the documentation used
and staple it to the employee’s I-9 and send it to HR
The person who completes Section 2 must be the same
person who completes the Certification
Questions?
 Please
refer to the USCIS link below for
additional information or to download the
new Form I-9 or the M-274 Handbook for
Employers.
 www.uscis.gov/I-9Central

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