Form I9

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Form I-9
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Purpose

• All U.S. employers are responsible for
  completion and retention of Form I-9 for each
  individual they hire for employment in the United
  States. This includes citizens and noncitizens.
  On the form, the employer must verify the
  employment eligibility and identity documents
  presented by the employee and record the document
  information on the Form I-9.
• U.S. Citizenship and Immigration Services Form
  I-9 web page (http//uscis.gov/graphics/formsfee/f
  orms/i-9.htm )

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General Information on Federal Forms

• While requirements of Immigration programs may
  change from time to time, the forms for those
  programs may not be corrected or changed on the
  same basis, due to printing or other
  restrictions. As such, USCIS offer additional and
  clarifying information about each form on its
  Form Entry Page (FEP). To ensure that you
  complete your application correctly, you should
  carefully read any notices, warnings, or
  explanations on the FEP before you print (or
  download) the form itself and fill it out.
• In some circumstances, the FEP will specifically
  note that requirements for a specific application
  or petition have changed and the form's
  instructions have not yet been revised. This
  warning will be shown in the "Special
  Instructions" section of the FEP. Please make
  sure you follow those special instructions. The
  FEP for Form I-9 is at http//uscis.gov/graphics/f
  ormsfee/forms/i-9.htm .
• The Form I-9 is provided in a format that can be
  filled out on your computer. In order to use the
  fillable features, please note the following
• These fillable forms will enable you to fill out
  the form, and print it out. The form cannot be
  submitted electronic You must print out the form
  and include it with the new hire packet.
• You will not be able to save this file on your
  own computer. We recommend that you fill out a
  page of the form, then print it prior to quitting
  Acrobat Reader. If you need the capability to
  save information on your computer, you will need
  to purchase Adobe Acrobat Approval or the full
  Adobe Acrobat product. 
• The forms available for downloading from the
  USCIS Website has been approved under the
  provisions of 8 CFR 299.4. Only approved forms
  will be accepted.

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Requirements

• Form I-9 must be
• completed by closing of the third business day
  following start of employment.
• completed using blue or black INK. Felt tip pen,
  colored ink and pencil are not acceptable.
• on file in each employment office where the
  employee has worked.

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• Section 1 is completed by the employee. We must
  insure that filled out completely. The address
  should be the mailing address (cannot be a
  residence hall for students employees).
• Common mistakes include

• Transposing date of birth with date of signature
• Not marking an attestation box or leaving off the
  Alien or Admission .
• Signing above the signature line.

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• A Translator or Preparer may complete Section 1
  for the employee if the employee is physically
  impaired or otherwise unable to complete Section
  1 without assistance.
• The employee must still sign and date the I-9.

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• Section 2 is completed by the employer or the
  employers representative.
• The employer may not ask for specific documents
• The employer may not accept unauthorized
  documents.
• The date the employee began employment is the
  payroll start date.

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• Section 3 is completed when an employees
  employment authorization (Section 1) or evidence
  of employment authorization (Section 2) has
  expired. The reverification requirement does not
  apply to the U.S. passport or green card (Form
  I-551). Temporary evidence of permanent resident
  status such as an unexpired foreign passport
  containing a temporary I-551 ADIT stamp must be
  reverified.
• Employers must reverify employment authorization
  no later the date that employment authorization
  or the employment authroization documentation
  expires.
• It is not acceptable to complete and submit
  Section 3 on a copy of the original Form I-9.
• Employees are not required to present a new
  version of the same document that was initially
  present but subsequently expired.
• None of the HR offices keep copies of the
  documents, but your Deans office may want to see
  them. Contact them if you are unsure..

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Acceptable Documents

• USCIS provides a list of acceptable documents on
  the back of Form I-9. If you are printing Form
  I-9 directly from the web site the List of
  Acceptable Documents is the third page. This
  page should be copied onto the back of the Form
  I-9 before submission.
• Updates to the list of acceptable documents can
  be found under Special Instructions on the FEP
  web page at http//uscis.gov/graphics/formsfee/for
  ms/i-9.htm .
• The employee will determine which documents they
  wish to provide. We do not ask.
• The employee may provide either documentation for
  List A OR from List B and List C.

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List A

• List A includes documents that verify both
  employment eligibility and identity.
• If a document from List A is provided, no other
  documents are needed.

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List A

• The exception to this is the Foreign Passport
  (4). It does not require a second document, but
  does require a second entry as seen on the sample
  Form I-9 to the right.
• For those of us who are still uncomfortable with
  completing Form I-9 for foreign born employees,
  the Office of International Students and Scholars
  has volunteered to act as the employers
  representative for Section 2.

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List B and List C

• List B documents verify identity and List C
  documents verify employment eligibility.
• The employee must provide one item each from List
  B and List C.
• List B and List C are used only if the employee
  does not have a document from List A.

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REASONS THE I-9 WILL BE RETURNED

• The Form I-9 is filled out using pencil or ink in
  colors other than blue or black.
• Section 1
• Any applicable portion of Section 1 is left blank
  (i.e. no date of birth, lack of SSN, not
  checking off the Citizen Attestation box, not
  entering Alien or Admission numbers when needed,
  not entering the work eligibility expiration date
  when needed, lack of employees signature or date
  signed by the employee).
• Transposing the date of signature with the date
  of birth.
• Section 2
• Insufficient document title (For example
  NDL12564870).
• Lack of issuing authority, document or
  expiration dates when needed
• List A and B or List A and C are both filled in
  (This is known as Over Documentation To avoid
  it, remember List A stands alone.)
• List B filled in only or List C filled in only
  (Remember, it must be B C)
• Certification section is not filled in (This is
  the date the employee begins physically working)
• Lack of signature, printed name, title,
  business/organization name, and date the employer
  signs. Remember your signature and the date you
  signed must be had written.

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Form I-9 Corrections

• Missing Information
• Write in the correct information, initial and
  date in the margin.
• Incorrect entry
• Draw one line through the entry, write in the
  correct information, initial and date in the
  margin.
• Too many documents accepted (Lists A and B or A
  and C)
• Draw one diagonal line through the over
  documentation, initial and date in the margin.

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Lastly

• Do not make copies of the I-9 on colored sheets
  of paper
• Do not mark the I-9 unnecessarily (such as with a
  highlighter)
• The List of Acceptable Documents must be copied
  on the back of the I-9 (This is the same list of
  documents that stipulate what is used for
  identification and work eligibility)
• Faxes and copies of the I-9 are not acceptable.
  Only originals will be accepted.

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QuestionsEmail donnie_at_unr.edu