Employment Eligibility Verification I9

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Employment Eligibility Verification(I-9)
Campus Human Resources 265-6549
Effective July 2009
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Session Overview

• When is an I-9 Required
• General Information
• Employees Responsibility
• Employers Responsibility
• Examples of completed I-9s
• What to do with the completed I-9
• Resources

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When is an I-9 Required?

• An I-9 is required for
• all employees hired to perform labor or services
  in return for wages or other remuneration
• employees rehired after a break in employment if
  their previous I-9 was completed using a version
  prior to 2/2/09
• internationals who change from one visa type to
  another (ex J-1 to H-1) or whose employment
  eligibility date has been extended and employment
  is to continue
• NOTE although based strictly on Department of
  Homeland Security (DHS) policy, unpaid employees
  do not require an I-9 however, the
  Urbana-Champaign campus is requiring I-9s for
  all employees, including Unpaids (UA). This will
  allow for a smoother transition in the many cases
  where the unit determines that the employee now
  needs to receive payment for services provided.

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General Information

• Only the version of the I-9 dated 2/2/09 is
  valid. All blank copies of I-9s dated prior to
  2/2/09 are unacceptable and should be destroyed.
  
• The I-9 can be completed at any time as long as
  the person has been offered and has accepted the
  job.
• Units must accept documents from the Lists of
  Acceptable Documents on the reverse side of the
  I-9 Units cannot specify which document(s) they
  will accept from an employee.
• The 2/2/09 version of the I-9 can be photocopied
  as long as the copy includes both the I-9 and the
  List of Acceptable Documents.
• Units need to include the employees UIN and visa
  type in the top margin of the I-9.
• All documents presented must be unexpired at the
  time of presentation.
• Date of Employment in Section 2 in the
  Certification Section is required. The data
  entered should reflect the day the individual
  actually started performing work (or will be
  starting to perform work) for the University.
• NOTE Although the unit cannot specify what
  documents they will accept for employment
  verification, the unit must still request a copy
  of the Social Security Card for entering the name
  into the New Hire Logon Create (passports should
  be used for internationals). Be sure to provide
  a Disclosure Statement to the employee when you
  ask for the Social Security Card. You can find
  templates of Disclosure Statements on the Social
  Security Number Policy website at
  http//www.ssn.uillinois.edu.

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Employees Responsibility

• Employee must complete Section 1 no later than
  close of business on his/her first day of work.
• Employee must present original/unexpired
  documentation (or a receipt for the application
  for the documents if the original documents are
  not yet available) to the employer for review no
  later than close of business on the employees
  third day of employment services. See the Lists
  of Acceptable Documents with the I-9 to determine
  what documents are valid.
• A receipt indicating that an individual has
  applied for initial work authorization or for an
  extension of expiring work authorization is not
  acceptable proof of employment eligibility on the
  Form I-9. If a receipt is used, the employee
  must present the replacement document within 90
  days from the date of hire. Receipts are never
  acceptable if employment lasts less than 3
  business days.
• If the employee is unable to present original
  documents or receipts within the 3 business day
  requirement, the employee must stop working
  immediately .

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Employers Responsibility

• The employer is responsible for reviewing and
  ensuring that the employee fully and properly
  completes Section 1. No documentation from the
  employee is required to substantiate Section 1
  information provided by the employee.
• Examine original document (faxed documents are
  unacceptable) from List A, or one from List B and
  List C (if an employee is unable to present the
  required document(s) within 3 business days of
  the date employment begins, they must present a
  receipt for the application for the document(s)
  within 3 business days).
• Complete Section 2 no later than close of
  business on the employees third day of
  employment services (including the first day of
  work), or 1st day of work if employed less than
  three (3) business days. NOTE Staff Human
  Resources completes the I-9 for Civil Service and
  Extra Help clerical employees.
• Track international employment eligibility
  expiration dates for timely reverification of the
  employees eligibility to work. A Visa Status
  Report can be found in DART at https//hrnet.uihr.
  uillinois.edu/dart-cf/Reporting/Reports/vs/vsform.
  cfm
• A receipt indicating that an individual has
  applied for initial work authorization or for an
  extension of expiring work authorization is not
  acceptable proof of employment eligibility for
  the Form I-9. If a receipt is used, the employee
  must present the replacement document within 90
  days from the date of hire. Receipts are never
  acceptable if employment lasts less than 3
  business days.
• If the employee is unable to present original
  documents or receipts within the 3 business day
  requirement (or date of hire if employed less
  than three (3) days), the employee must stop
  working immediately.

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Remote Hires

• The University has developed procedures for
  completion of I-9s for employees who will work in
  remote or off-site locations as noted below
• Provide the employee with the Form I-9
  Completion for Employees in Remote Locations
  Instructions for Employees and the following
  forms
• A blank copy of the Form I-9. (The employee may
  print this form.)
• A blank copy of the Notary Form. (The employee
  may print this form.)
• The University's Instructions to the Notary,
  which includes the Remote New Hire Notice Form.
  Complete the information on these two pages and
  fax them to the employee. You may also wish to
  provide the employee with a postage paid envelope
  in which to return the completed forms to your
  department.
• Instruct the employee to complete Section 1 of
  the Form I-9 by no later than the close of
  business on his/her first day of work.
• Instruct the employee to take all of the above
  forms and his or her original identity/employment
  eligibility document(s) (as listed on page 3 of
  the Form I-9) to a Notary Public.
• The employee will present his or her original
  identity/employment eligibility document(s) to
  the Notary.
• The Notary Public will inspect the document(s)
  and complete Section 2 or 3 of the Form I-9. The
  Notary Public will also complete the Notary Form
  and affix the notary seal on the Notary Form.
  This must be completed by no later than close of
  business on the employee's third day of
  employment, or no later than the first day of
  work if employment is for less than three (3)
  business days.
• The employee must pay the Notary Public's fee for
  services (generally 15 - 20) and retain a
  receipt for reimbursement.
• The employee must mail the completed Form I-9,
  and the completed and notarized Notary Form, back
  to your department. The employee should also
  submit the receipt for Notary services to your
  department for reimbursement.
• Forward the original I-9 and Notary Form to the
  appropriate Central HR office for entry into
  Banner and/or filing in the employees official
  personnel file.
• Additional information regarding Form I-9
  Completion for Employees in Remote Locations can
  be found on DART at
• https//hrnet.uihr.uillinois.edu/dart-cf/index.cf
  m?Item_id3774
• Additional Notes

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Reverification of Employment Authorization for
Current Employees (excludes U.S. Citizens and
Permanent Residents)

• If an employees employment eligibility is
  expiring, you must reverify his or her employment
  eligibility no later than the date the employees
  work authorization expires. If you are not
  familiar with what qualifies an employees
  employment eligibilty, contact the Office of
  International Student and Scholar Services..
• The employee must present an original document
  that shows either an extension of the employees
  initial employment authorization or new work
  authorization. If the employee cannot provide
  proof of current work authorization, the unit
  must ensure that the employee STOPS working on
  the date of expiration of the employment
  eligibility.
• If the employees original verification was
  completed on a version of the Form I-9 that
  predates the February 2, 2009 version, you must
  complete a new I-9 (currently version dated
  2/2/09) to reverify employment eligibility.
• NOTE Although according to the DHS Handbook
  for Employers Section 3 of the original I-9
  could be completed in the cases where an
  employees original verification was completed on
  a Form I-9 dated 2/2/09 or later, because the
  unit does not have the original I-9, a new I-9
  for reverification for current employees must be
  completed.

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Reverification or Updating Employment
Authorization for Rehired Employees

• When you rehire an employee, you must ensure that
  he or she is still authorized to work.
• Employees who left the University and are now
  being rehired must complete a new I-9 using the
  2/2/09 version.
• NOTE Although according to the DHS Handbook
  for Employers Section 3 of the original I-9 could
  be completed in the cases where an employees
  original verification was completed on a Form I-9
  dated 2/2/09 or later, because the unit does not
  have the original I-9, a new I-9 for
  reverification for rehired employees must be
  completed.

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Blank I-9http//www.uscis.gov/files/form/i-9.pdf
Employee completes Section 1 no later than 1st
day of work
SSN is optional
Unit completes Section 2 after having viewed
documents from either List A or Lists B and C
Employment Date is required and must reflect
employees 1st work day
Section 3 cannot be completed a new I-9 is
required for reverifications

Note revision date of 2/2/09
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Lists of Acceptable Documents
Note changes to List of Acceptable Documents
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Example of I-9 for U.S. Citizen
For U.S. Citizen, enter UIN at top of form
Employee completes Section 1
SSN is optional
Be sure employee signs and dates Section 1

Date cannot be later than employees 1st work day
Unit completes Section 2 using documents from
either List A or Lists B and C
Date is required and reflects employees 1st work
day
Date cannot be later than employees 3rd work
day, or 1st day if employment is less than 3
business days)
Be sure representative signs and dates
Certification Section
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Example of I-9 for U.S. Citizen
For U.S. Citizen, enter UIN at top of form
Employee completes Section 1
SSN is optional
Be sure employee signs and dates Section 1

Date cannot be later than employees 1st work day
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Unit completes Section 2 using documents from
either List A or Lists B and C
Social Security Administration
Date is required and reflects employees 1st work
day
Date cannot be later than employees 3rd work
day, or 1st day if employment is less than 3
business days)
Be sure representative signs and dates
Certification Section
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Example of I-9 for F-1 Visa
For internationals, enter UIN and visa type at
top of form
Employee completes Section 1
SSN is optional
Be sure employee signs and dates Section 1


Date cannot be later than employees 1st work day
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Note Both Passport and I-94 doc info required
Unit completes Section 2 using documents from
either List A or Lists B and C
I-94 12345678901
Date is required and reflects employees 1st work
day

Date cannot be later than employees 3rd work
day, or 1st day if employment is less than 3
business days)
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Be sure representative signs and dates
Certification Section
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Example of I-9 for J-1 Visa
For internationals, enter UIN and visa type at
top of form
Employee completes Section 1
SSN is optional
Be sure employee signs and dates Section 1


Date cannot be later than employees 1st work day
Unit completes Section 2 using documents from
either List A or Lists B and C
Note Both Passport and I-94 doc info required
I-94 12345678901
Date is required and reflects employees 1st work
day

Date cannot be later than employees 3rd work
day, or 1st day if employment is less than 3
business days
Be sure representative signs and dates
Certification Section
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Example of I-9 for H-1 Visa
For internationals, enter UIN and visa type at
top of form
Employee completes Section 1
SSN is optional
Be sure employee signs and dates Section 1


Date cannot be later than employees 1st work day
Note Both Passport and I-94 doc info required
Unit completes Section 2 using documents from
either List A or Lists B and C
I-94 12345678901
Date is required and reflects employees 1st work
day

Date cannot be later than employees 3rd work
day, or 1st day if employment is less than 3
business days
Be sure representative signs and dates
Certification Section
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Example of I-9 for Temporary Resident
For internationals, enter UIN and visa type at
top of form
Employee completes Section 1
SSN is optional
Be sure employee signs and dates Section 1


Date cannot be later than employees 1st work day

Unit completes Section 2 using documents from
either List A or Lists B and C
Date is required and reflects employees 1st work
day

Date cannot be later than employees 3rd work
day, or 1st day if employment is less than 3
business days
Be sure representative signs and dates
Certification Section
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Example of I-9 for Permanent Resident
For Permanent Residents, enter UIN at top of form
Employee completes Section 1
SSN is optional
Be sure employee signs and dates Section 1


Date cannot be later than employees 1st work day
Unit completes Section 2 using documents from
either List A or Lists B and C
Date reflects employees 1st work day

Date cannot be later than employees 3rd work
day, or 1st day of work if employment is less
than 3 business days
Be sure unit representative signs and dates
Certification Section
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After the I-9 is Completed

• Attach the I-9 to the HRFE transaction. Send the
  original I-9 to the appropriate HR office.
• Although not required, if a unit decides to make
  copies of the I-9 documentation presented by
  employees for unit file, then it must do so for
  all employees of that unit, regardless of
  national origin or citizenship status. Copies of
  documents used for employment verification should
  not be forwarded with the I-9.
• All I-9s, even those for employee groups which
  the department can direct enter jobs should be
  forwarded to the appropriate HR office for
  official repository.

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Resources

• The Handbook for Employers Instructions for
  completing the Form I-9 can be found on the U.S.
  Citizenship and Immigration Services (USCIS)
  website at http//www.uscis.gov/files/nativedocume
  nts/m-274_3apr09.pdf.
• Questions regarding how to complete an I-9 should
  be directed to the HR Information Center at
  265-6549.
• Questions regarding visas and employment
  eligibility should be directed to the Office of
  International Student and Scholar Services (ISSS)
  at 333-1303 or visit their website at
  http//www.ips.illinois.edu/isss/.
• Hiring Guidelines for International Employees can
  be found on the International Student and Scholar
  Services website at http//www.ips.uiuc.edu/isss/s
  cholars/index.php?catID3pageID1.
• The Foreign National Payment Eligibility Grid
  (quick reference for whether or not an individual
  can be employed based on their visa) can be found
  on the OBFS website at https//www.obfs.uillinoi
  s.edu/obfshome.cfm?level1pathforeignxmldatafo
  reign1.
• The Employment Eligibility Verification Form
  (Form I-9) is found in NESSIE New Hire for new
  employees. The Form I-9 can also be found by
  going to the AHR website at http//www.ahr.uiuc.ed
  u/forms/default.htm or the USCIS website at
  http//www.uscis.gov/files/form/I-9_IFR_02-02-09.p
  df
• Department of Homeland Security website
  www.dhs.gov/