I-9 Training - Radford University

Report
Form I-9 and E-Verify
Employment Eligibility Verification
I-9 Requirements
Completed/retained for every employee hired after 11/06/86
Penalties for employers who fail to comply
• Employer may be fined for each I-9 that:
– lists invalid information,
– is not fully completed or is incorrectly completed,
– is completed after employee has been working
Must use revised two-page form (Rev. 03/08/2013) with an
expiration date of 03/31/2016 and updated list of acceptable
documents
I-9 form must have List of Acceptable Documents attached to it
Entire I-9 form with instructions is 9 pages but only pages 7 - 9
needs to be sent to HR
E-Verify Requirements
• Beginning June 1, 2011, Radford University began using
E-Verify for all new hires. E-Verify is an internet-based
system operated by the U. S. Department of Homeland
Security (USCIS) in partnership with the Social Security
Administration (SSA) that allows participating employers
to electronically verify employment eligibility.
• Information from the I-9 form is keyed into the E-Verify
data base.
• In addition to fines for incorrect or incomplete I-9s,
employers can also be fined for incorrect or late
processing in the E-Verify system.
What’s New on the I-9
• The new I-9 form is 9 pages long.
• Pages 1 – 6 are instructions that provide more detail and are
formatted in a more reader-friendly manner
• Pages 1 – 6 should be available to all employees completing
an I-9 but don’t have to be included when sent to HR
• Pages 7 – 9 (the actual 2-page form and List of Acceptable
Documents) must be completed and sent to HR.
• The 2-page form may be copied front to back with the List of
Acceptable Documents attached to it.
• All sections of the form where a name must be indicated is
designated with the last name (family name), and the first
name (given name).
What’s New on the I-9
• There is a new section for other names used in Section 1
• All places on the form where an address is indicated now
designates street number and name
• There are two optional boxes for completion – e-mail
address and telephone number in Section 1
• There are more instructions for an alien authorized to
work with choices of an Alien Registration
Number/USCIS Number or I-94 Admission Number to be
indicated on the form in Section 1
• There is also an area for a Foreign Passport Number
and Country of Issuance space for aliens who obtained
their admission from CBP upon arrival in the US in
Section 1
What’s New on the I-9
• Under the introduction of Section 2 on page 2 is a new box
where the employee’s Last Name, First Name and Middle
Initial from Section 1 should be indicated
• The employee’s first day of employment is now indicated in a
line underneath the Certification
• The address of the Employer’s Business or Organization
Name is now the main RU address (801 East Main Street)
and has been pre-populated if the form is downloaded from
the HR website
• The instructions on the List of Acceptable Documents (page
9) provide more detail and are formatted in a more readerfriendly manner
I-9 Process - Hiring
• Department completes PR-40 or Hiring
Proposal in PeopleAdmin (depending on
type of position) when decision to hire an
individual is made
• Department obtains all signatures before
sending to Human Resources (HR)
• When HR receives PR-40, hiring
department is notified that a formal offer
may be extended to the candidate
I-9 Process - Hiring
Department sends prospective employee an offer
letter and a blank I-9
Employee is instructed to complete Section 1 of
the I-9 and return on or before their first day of
employment
Failure to do so before the first day of employment
will result in adjustment of hire date
I-9 Process - Hiring
• New employee also instructed Section 2 of the I-9 must be
completed within 3 business days of the employee’s first day
of employment or else they will be terminated (if hired on a
Monday, Section 2 must be completed no later than
Thursday)
– Employee must provide original document(s) that
establish identity and employment eligibility
• New employee will not be approved to start work until HR
receives I-9 with at least Section 1 completed
• Department may not start anyone until approval to begin
work is given by HR
I-9 Process – Best Practices
• The best scenario for all employees is to fully
complete (Sections 1 and 2) of the I-9 with all
signatures and return to HR on or before the
employee’s first day of work
– Please remember that until the completed
I-9 is received in HR, the PR-40 will not be
processed and the employee will not be
placed on the university’s payroll
I-9 Process – Best Practices
• If an employee’s first day (10th or 25th of the month)
actually falls on a weekend, Section 1 of the I-9 must
be completed the following Monday (actual first work
day)
– In Section 2 where date employment began is
entered, put 10th or 25th but make a note on the
form actual first day worked was that Monday;
signature sections will be dated the actual date
the form was completed
Completion of the I-9 Form Section 1
• Hiring department responsible for ensuring Section 1 is
properly completed, signed and dated on or before
employee’s start date.
• The employee must complete all blanks in Section 1 and
attest to a status
– Citizen of United States
– Noncitizen National of the U.S.
– Lawful permanent resident
– Alien authorized to work
Completion of the I-9 Form Section 1
• Employee must sign and date Section 1
• If employee needs assistance in
completing Section 1, you may help but
you will need to fill out the
Preparer/Translator Certification
• If anything is left blank in Section 1 or it is
not signed and dated, the form will be
returned to the department
Completion of the I-9 Form Section 2 – Non
US Citizen
• If the employee indicates in Section 1 that
they are not a US Citizen, they must be
immediately referred to RU’s Tax
Compliance Manager to complete Section
2 of the I-9
• The Tax Compliance Manager will look at
the employee’s original document(s) and if
they are in order, will complete Section 2
and fax a copy to HR
Completion of the I-9 Form Section 2 –
Non US Citizen
• Once HR receives faxed I-9 from the Tax
Compliance Manager, approval will be
given to the department that the employee
may begin work and the PR-40 will be
processed adding the employee to the
university’s payroll
Completion of the I-9 Form Section 2 – US
Citizen
• The hiring department may complete Section 2 if the
employee is a US Citizen
• Section 2 must be completed and delivered to HR within
three business days of the employee’s first day of
employment (if employee starts work on Monday,
Section 2 must be completed by Thursday)
– Employees hired for less than 3 days must have their
I-9 completed (Sections 1 and 2) by the end of their
first day of employment
– If the hiring department completes Section 2, copies
of the acceptable documents presented by the
employee must be attached to the I-9 (required
because of participation in E-Verify).
Completion of the I-9 Form Section 2 – US
Citizen
• The hiring department also has the option to send the
employee to HR for completion of Section 2
– Please remember that until the completed I-9 is
received in HR, the PR-40 will not be processed and
the employee will not be added to the university
payroll
• The employee must present the required documentation
that establishes identity and employment eligibility at the
time Section 2 of the I-9 is completed
• A List of Acceptable Documents must be attached to the
I-9 form
Completion of the I-9 Form Section 2 – US
Citizen
• The employee may choose which document(s) s/he wishes to
present from this list
• The employer must accept any document or combination of
documents which reasonably appear to be genuine and relate
to the person presenting them
– You cannot specify which documents you will accept
• If employee presents documentation from List A, do not ask
for additional documentation
• If employee presents documentation under Lists B and C,
ensure there is only one document examined from each list
• If the employee presents a List B document that shows
identity, the document must contain a photo (E-Verify
regulation)
Completion of the I-9 Form Section 2 – US
Citizen
• All documents presented must be unexpired
• In order for you to complete Section 2, you must
examine the original documents
– Do not accept copies or faxes of these
documents
Completion of the I-9 Form Section 2 – US
Citizen
• When you sign in Section 2 you are
“attesting, under penalty of perjury, that
the above-listed document(s) appear to be
genuine and to relate to the employee
named”
– Only the person who actually saw the original
document(s) may sign Section 2
– Make copies of the documents and attach to
the I-9
Terminating for Failure to Complete Form I-9
If an employee fails to complete Section 2 of the I-9 or
provide proof of having applied for the documentation
within 3 business days of the employee’s first day of
employment, they will be terminated
• Department will be notified by HR that the employee will
be unable to return to work the next day
• Department will be required to complete a new PR-40
reporting the numbers of hours worked and the total
amount due for the hours worked (original PR-40 will be
voided)
• HR will notify the hiring department and the employee of
the employee’s termination verbally and in writing with a
copy also being sent to the appropriate VP
Alternate Documentation
• An employee unable to produce an
employment eligibility document may
present a receipt for application of a
replacement document.
• The receipt authorizes employment for 90
days
• Receipt must be presented within 3 days
of the employee’s first day of employment
Alternate Documentation
• If a new employee produces evidence that they
have applied for a replacement document, send
them immediately to HR along with the I-9 and
the receipt (HR will handle these situations)
• If the employee provides the replacement
document within 90 days to HR, they will be
allowed to continue working
• If the employee does not provide the
replacement document within 90 days to HR,
they will be terminated
Facsimiles/Copies
• HR will not accept copies or faxes of
completed I-9 forms from departments
• Original I-9 forms must be delivered to HR
by the end of the employee’s third work
day
Reverifying Employment Authorization
• An employee authorized to work for a
specific time period must have their
employment eligibility reverified by HR or
the Tax Compliance Manager before their
employment eligibility has expired
• HR or the Tax Compliance Manager will
handle all I-9s for employees in this
situation
Rehired Employees
If an employee is rehired, HR must ensure they are still
authorized to work
If the employee is rehired within 3 years of the date the I-9
was originally completed, they are still eligible to be
employed on the same basis as previously indicated on
the I-9
All I-9 authorizations for rehires will be handled through HR
• Once the I-9 is completed, HR will contact the
department that the PR-40 will be processed and the
employee placed on payroll
• The employee may not begin work until HR has
contacted the department
Duplicate I-9s
• I-9s submitted by students to the Financial Aid Office
under the work study/work scholarship program and/or
the Graduate College through a graduate assistantship
may now be used by HR if the student is later hired by
Hiring Proposal or PR-40.
• If you hire a student in another position and you are
aware that they have an I-9 on file in either Financial Aid
or the Graduate College, please inform HR so that we
can obtain a copy of that I-9. If it is still valid, and the
student has had no break in service, we can use that I-9.
Retention of I-9s
• All I-9s with the exception of those for students
working through the Financial Aid Office, the Graduate
College, and Internationals will be maintained in HR
according to the record and retention schedule of the
Library of Virginia
– I-9s must be retained for three years from the date
of hire or for one year from the date employment
ends
• Departments should not keep copies of I-9s in their
files
Form I-9
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