Employment Eligibility Verification I-9 Form

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Employment Eligibility VerificationI-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

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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

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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

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Who Must Complete an I-9 Form?

• Every U.S. employer must have an I-9 Form on file
  for each new employee
• Exceptions
• Employees hired before November 6, 1986, and
  continuously employed by the same employer
• Workers provided to employers by individuals or
  entities providing contract services
• If there is a break in service (e.g. retiree), an
  I-9 Form is required upon rehire
• Employers may reverify 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

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Employees 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
• Citizen/national of the United States
• Lawful permanent resident with a green card
• 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

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Employees Responsibility Regarding I-9 Form

• Employees 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

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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)

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Acceptable Documents

• LIST A
• Documents that Establish Both Identity and
  Employment Eligibility
• U.S. Passport (unexpired or expired)
• Unexpired foreign passport, with I-551 stamp or
  attached INS Form I-94 indicating unexpired
  employment authorization
• Permanent Resident Card or Alien Registration
  Receipt Card with photograph (INS form I- 551)
• Unexpired Temporary Card (INS Form I-688)
• Unexpired Employment Authorization Card (INS
  Form I--688A)
• Unexpired Employment Authorization Document
  issued by the INS which contains a photograph
  (INS Form 1-688B) or Employment Authorization
  Document (INS Form I-766)

OR AND

• LIST B
• Documents that Establish Identity
• Driver's license or ID card issued by a state or
  outlying possession of the United States provided
  it contains a photograph or information such as
  name, date of birth, gender, height, eye color
  and address
• Native American tribal document
• Driver's license issued by a Canadian government
  authority

• LIST C
• Documents that Establish
• Employment Eligibility
• U.S. social security card issued by the Social
  Security Administration (other than a card
  stating it is not valid for employment)
• Native American tribal document
• Unexpired employment authorization document
  issued by the INS (other then those listed under
  List A)

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Employers Responsibility Regarding I-9 Form

• Employer ensures completion of the entire form
• Must be completed no later than close of business
  on the employees 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)

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Original Documents Only

• Employer must personally review original
  document(s) that demonstrate an employees
  identity and eligibility to work in the United
  States
• Photocopies, or numbers representing original
  documents, are not acceptable
• 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

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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

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Receipt Rule

• Receipts may be used in lieu of original
  documents in the I-9 process if
• An individuals document has been lost, stolen or
  damaged, then he/she can present a receipt for
  the application for a replacement document
• 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

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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

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Restricted 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

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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
  reverified when the cards expire

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Discrimination

• The law protects certain individuals from unfair
  immigration-related employment practices of a
  U.S. employer, including refusal to employ based
  on a future expiration date of a current
  employment authorization document

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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

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Discovering an Unauthorized Employee

• An employer who discovers that an employee has
  been working without authorization should
  reverify 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

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Completing the Form Section 1

• This information must be completed by the Employee

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Completing the Form Section 2

• This information must be completed by the Employer

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Completing the Form Section 3

• This information must be completed by the Employer

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Sample Document from List A

• United States Passport (unexpired or expired)
• Issued by the Department of State to U.S.
  citizens and nationals.

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Sample Document from List A

• Unexpired Foreign Passport with I-551 Stamp or
  attached INS Form I-94 indicating unexpired
  employment authorization

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Sample Document from List A

• Alien Registration Receipt Card (Resident Alien
  Card) I-551
• Issued by INS 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.

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Sample Document from List A

• Employment Authorization Card I-688A
• Issued by INS to applicants for temporary
  resident status after their interview for
  Legalization or Special Agricultural Worker
  status. It is valid until the expiration date
  stated on the face of the card or on the
  sticker(s) place on the back of the card.

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Sample Document from List A

• Employment Authorization Card I-766 or previous
  Form I-688B
• The new I-766 card is being phased in. Issued to
  aliens authorized to work temporarily in the U.S.
  Some work-authorized aliens will continue to
  receive the I-688B card. Both cards will remain
  in circulation. The I-688B will continue to be
  issued and remain valid until the expiration date
  on the individual card.

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Sample Document from List A

• I-94 Arrival/Departure Record
• Arrival-departure record issued by INS 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.

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• 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. INS will issue
  Form I-688B to all students authorized for a
  post-completion practical training period.

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Sample Document from List B

• Sample Drivers License
• A drivers license issued by any state or
  outlying possession of the U.S. (including the
  District of Columbia, Puerto Rico, the 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.

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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.)