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Completing the Form I9

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The employee must have a Work Visa to be eligible for employment. ... The BCIS Form I-94, proves that one has entered the United States legally. ... – PowerPoint PPT presentation

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Title: Completing the Form I9


1
Completing the Form I-9
  • Employment Authorization Form
  • Citizens, Permanent Residents
  • Aliens Authorized to Work

2
Why do we need an I-9?
  • PURPOSEThe Immigration Reform and Control Act
    made all U.S. employers responsible to verify the
    employment eligibility and identity of all
    employees hired to work in the United States
    after November 6, 1986. To implement the law,
    employers are required to complete Employment
    Eligibility Verification forms (Form I-9) for all
    employees, including U.S. citizens. The I-9 must
    be completed within 3 DAYS of the hire date or
    the employer may terminate employment. If the
    employer is audited and the I-9 is found
    incomplete the employer could face fines from
    100-10,000.

3
Request for specific documents is NOT allowed
  • An employee can give you his choice of
    combination of documents. We CANNOT request more
    documents if an acceptable ID or combination of
    IDs is already presented.
  • If they do not know what to present, you can
    suggest possible combinations, but make it clear
    that they may choose which IDs they show us. If
    the ones they present are not acceptable, you may
    request that they show us more identification,
    but do not demand a certain type.

4
Three Day Grace Period
  • I-9 Form MUST be completed within three days of
    hire
  • The original documents must be verifiedphoto
    copies of IDs cannot be accepted
  • The form must be signed and dated by employee and
    employer at that time

5
Definitions
  • Visa This is a permit that allows a person to
    enter a country. The employee must have a Work
    Visa to be eligible for employment. There are
    different types of Visas an international
    employee may have.
  • Passport This is a form used for International
    Identity. This alone does not allow you to work,
    but only visit a particular country. This
    document shows your picture identity and
    citizenship status. If the Passport is
    accompanied by work authorization forms then it
    may be used for work eligibility.
  • DS-2019 Certificate of Eligibility for Exchange
    Visitors (J-1) Status. The (DS-2019)will give the
    employer the date ranges the employee is allowed
    to work, a beginning date and an ending date.
    This form is issued by Intl Student Scholar
    Services or a sponsoring agency (e.g.
    Fulbright). This form along with proper
    identification may be used for work eligibility.

6
Definitions contd
  • I-20 Certificate of Eligibility for
    Non-immigrant Student Status - for Academic and
    Language Students. Used with the F-1 F-2 visa.
    This form will be issued from International
    Student Scholar Services at Vanderbilt. In
    some cases the I-20 will be issued from another
    school. If so, the student needs additional
    authorization an E.A.D. or approval on page 3 of
    the I-20 for Curricular Practical Training.
  • I-94 When someone arrives in the United States,
    he/she should receive a USCIS Form I-94
    (Arrival-Departure Record) that will include the
    admission number (an eleven digit number) to the
    United States. The BCIS Form I-94, proves that
    one has entered the United States legally.
  • USCIS United States Citizenship and Immigration
    Services

7
Lets Work Together
  • If you have International employees in your
    office, please keep track of their work
    authorization expiration date. Remember they
    cannot work past their expiration date and that
    their I-9 will also expire on the same date.
    (Both must be extended for continued employment.)
  • If the faculty/staff/postdoc/student worker needs
    to extend their work authorization date before it
    expires, please have them contact the appropriate
    office.
  • F-1, F-1 OPT, J1, J2 Intl Student Scholar
    Services 2-2753
  • H1-B, TN-1, O-1, E-3 or Permanent Residency
    (green card) HR Office of International
    Services Lorie Lunn, Director 3-7467

8
Examples of competed I-9s
Next page
9
U.S. Citizen with identification from list A
10
U.S. Citizen with identification from list B C
11
Permanent Resident with identification from list A
  • A should be placed next to Permanent Resident
    Status

12
Permanent Resident Card
13
Form I-551 also used for Temporary Employment in
regards to Permanent Residents.
14
Permanent Resident with identification from list
B C
15
Alien
  • Passport plus USCIS work authorization
  • Identity page VS. Visa page
  • USCIS work authorization
  • Admission number
  • Use I-94 card number
  • Work authorization date
  • I-94 future date for H, O, and TN visas
  • I-20 Form date for F visas
  • DS-2019 Form date for J visas

16
Alien
NEVER USE Visa Page for Form I-9
17
Alien H1B, O-1, TN1 Visa Holders
OR
Both are forms of I-94 cards
18
Alien D/S Duration of Status Visa Holders
F1, F-2, J-1, and J-2s all have D/S on their I-94
cards under normal circumstances.  This means
that you must verify the end date on the I-20 or
Ds-2019 for the actual end date of their
program.  If they are on F-1 OPT, the end date on
their EADs should be reviewed (as their I-20 end
date does not reflect the OPT period).  If they
have a specific date on their I-94 (i.e. March
5, 2006), they need to go to Intl Student
Scholar Services 2-2753 immediately with their
documents to rectify this entry-related issue.
19
Alien authorized to work with identification from
list A.1
20
Alien authorized to work with identification from
list A.2
21
Alien Restricted SS Card
If provided by employee, you will ALWAYS need to
view a form of identification and the USCIS work
authorization
22
Alien authorized to work with identification from
list B C
23
Still need assistance?
  • Call Beth Grisham _at_ 2-8402
  • Need a blank I-9?
  • Download from the INS website
  • http//www.immigration.gov/graphics/formsfee/forms
    /files/i-9.pdf
  • Make copies of identification in question
  • Write your contact information at the top of the
    form.
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