I-9 Training Presentation

Report
Employment Eligibility Verification
I-9 Form
PURPOSE
•
•
•
All U.S. employers must verify employment eligibility*
Identity of all employees hired to work after November 6, 1986
Implement law by completing Employment Eligibility
Verification (I-9 Form) for all employees, including U.S. citizens
* Source information - Immigration Reform and Control Act
Employment Eligibility Verification
Frequently Asked Questions
•
Do citizens and nationals of the U. S. need to prove to their
employers that they are eligible to work?
Yes
 Citizens and nationals of the U.S. are automatically eligible for
employment
 Still must present proof of employment eligibility and identity
 Must complete I-9 Form (Employment Eligibility Verification)
•
Is completion of the I-9 Form required for everyone who
applies for a job at Miami Dade College?
No
 Complete I-9 Form only for people you actually hire
Employment Eligibility Verification
Frequently Asked Questions
•
When must the I-9 Form be completed?
 Within three (3) business days of the start of employment
•
Can an employee be terminated if he/she fails to produce the
required document(s) within three (3) business days of the
date employment begins?
Yes
 If he/she fails to produce the required document(s) or a receipt
for a replacement document(s) in the case of lost, stolen or
destroyed documents
Who Must Complete an I-9 Form?
•
Every U.S. employer must have an I-9 Form on file for each new
employee
Exceptions:
o Employees hired before November 6, 1986, and continuously
employed by the same employer
o Workers provided to employers by individuals or entities
providing contract services
o If there is a break in service (e.g. retiree), an I-9 Form is
required upon rehire
• Employers may re-verify information of an employee
rehired within 3 years of the date of the initial execution of
the I-9 Form, as an alternative to completing a new I-9
Form
Employee’s Responsibility Regarding
I-9 Form
•
•

New employee must complete Section 1 (Employee Information
and Verification) of the I-9 Form no later than close of business on
his/her first day of paid work
They must attest to their status by checking the applicable box:
o Citizen/national of the United States
o Lawful permanent resident with a “green card”
o Alien authorized to work in the United States until a specified
date
Note – Certain aliens, such as asylees and refugees, are work authorized incident to their
status and may not have an expiration date to fill-in for the bottom box of the attestation block
in Section 1
Employee’s Responsibility Regarding
I-9 Form
•
•
•
Employee’s signature holds him/her responsible for the accuracy
of the information provided
He/she must provide proof of employment eligibility documentation
 Employee is entitled to submit a document or combination of
documents of his/her choice
If refuse to provide signature or attestation, do not proceed nor
employ individual
Responsibility of Translator or Preparer
•
•
•
I-9 Form is available in English only
Employee may have assistance
Translator/preparer must also sign, date and provide requested
information (Section 1)
OR
Acceptable
Documents
Acceptable
Documents
Employer’s Responsibility Regarding
I-9 Form
•
•
•
•
Employer ensures completion of the entire form
Must be completed no later than close of business on the
employee’s third day of employment upon date of hire
Employer is responsible for ensuring that the employee completes
Section 1 in full
Employer must complete Section 2 (Employer Review and
Verification)
Original Documents Only
•
•
•
Employer must personally review original document(s) that
demonstrate an employee’s identity and eligibility to work in
the United States
Photocopies, or numbers representing original documents, are not
acceptable
o Exception: a certified copy of a birth certificate issued by a
state, county, municipal authority or outlying possession of the
U.S. bearing an official seal is acceptable
All identifying information, including the document title, the issuing
authority, the document number, and/or the expiration date (if
applicable) must be provided in full
Questions About Genuineness of
Documents
•
•
•
•
Employers are not required to be document experts
Employers are held to a reasonableness standard when reviewing
documents presented
Employers are not permitted to request more or different
documents than are required or to refuse to honor
documents tendered that on their face reasonably appear to
be the genuine and to relate to the individual presenting the
document
Only original documents must be presented for review
 Single exception - certified photocopy of a birth certificate
Receipt Rule
 Receipts may be used in lieu of original documents in the I-9
process if:
• An individual’s document has been lost, stolen or damaged,
then he/she can present a receipt for the application for a
replacement document
o The replacement document needs to be presented to the
employer within 90 days of hire or, in the case of reverification, the date employment authorization expires
• The Form I-94 with a refugee admission stamp is acceptable
as a receipt for 90 days, within which time the employee must
present an unrestricted Social Security card together with a
List B identity document
Copying of Documentation
•
•
•
Employer may copy a document (front and back) presented by an
individual solely for the purpose of complying with the I-9
verification requirements
All copies must be retained with the I-9 Form
Copying of any such document does not relieve the employer
from the requirement to fully complete Section 2
Restricted Social Security Accounts
(SSA) and Other Cards
•
•
•
SSA “Valid only with INS (or DHS) Authorization” card – issued to
aliens who present proof of temporary work authorization;
these cards do not satisfy the I-9 Form requirements
Internal Revenue Service (IRS) Individual Taxpayer Identification
Numbers (ITINs) – issued to aliens dealing with tax issues.
An Individual Taxpayer Identification Number card is NOT
employment eligibility verification
Where Reverification is NOT Required
•
Permanent Residence Cards (also known as Alien Registration
Receipt cards, Form I-551, Resident Alien Cards, Permanent
Resident Cards, or “Green Cards”) are issued to lawful
permanent residents and conditional resident and should not
be re-verified when the cards expire
Discrimination
•
The law protects certain individuals from unfair immigrationrelated employment practices of a U.S. employer, including
refusal to employ based on a future expiration date of a current
employment authorization document
Missing I-9 Forms
•
•
•
An employer who discovers that an I-9 Form is not on file for a
given employee must request the employee to complete
Section 1 of an I-9 Form immediately and submit
documentation as required
The new form should be dated when completed – never post
-dated
When an employee does not provide acceptable documentation,
the employer must terminate employment or risk being
subject to penalties for “knowingly” continuing to employ an
unauthorized worker if the individual is not in fact authorized
to work
Discovering an Unauthorized Employee
•
•
An employer who discovers that an employee has been working
without authorization should re-verify work authorization by
allowing such an employee another opportunity to present
acceptable documentation and complete a new I-9 Form
If employers know or should have known that an employee is
unauthorized to work in the U.S., they may be subject to
serious penalties for “knowingly continuing to employ” an
unauthorized worker
Completing the Form – Section 1
This information must be completed by the Employee
Completing the Form – Section 2
This information must be completed by the Employer
Completing the Form – Section 3
This information must be completed by the Employer
Sample Document from List A
United States Passport
Issued by the Department of State to U.S. citizens and nationals.
Sample Document from List A
Unexpired Foreign Passport with I-551 Stamp or attached INS
Form I-94 indicating unexpired employment authorization
Sample Document from List A
•Permanent Resident Card or Alien Registration Receipt Card
(Resident Alien Card) I-551
•Issued by DHS after March 1977, to lawful permanent resident
aliens. Although this card is no longer issued, it is valid
indefinitely. This card is commonly referred to as a “green
card” and is the replacement for the Form I-151. This version
is white with a blue logo.
Sample Document from List A
•Employment Authorization Document (Form I-766)
Issued to aliens authorized to work temporarily in the U.S. Contains a
photograph.
Sample Document from List A
I-94 Arrival/Departure Record
•Arrival-departure record issued by DHS to nonimmigrant aliens. An
individual in possession of the departure portion of this document may
only be employed if the document bears an “employment
authorization” stamp or employment incident to the nonimmigrant
classification is authorized with a specific employer.
I-20 ID Card
Accompanied by a
Form I-94
The Form I-94 for F-1
nonimmigrant students
must be accompanied
by an I-20 Student ID
endorsed with
employment
authorization by the
Designated School
Official for off-campus
employment or
curriculum practical
training. DHS will
issue Form I-688B to
all students authorized
for a post-completion
practical training
period.
Sample Document from List B
Sample Driver’s License
A driver’s license issued by any state or outlying possession of the
U.S. (including the District of Columbia, Puerto Rico, the U.S. Virgin
Islands, Guam, the Mariana Island, and American Samoa) or by a
Canadian government authority is acceptable is it contains a
photograph or other identifying information such as name, date of
birth, sex, height, color of eyes and address.
Sample Document from List C
Social Security Card
There are many versions of this card.
(other than one stating “NOT VALID FOR EMPLOYMENT,” metal or
plastic reproductions, or certain laminated cards.)
Thank You.

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