Office of Human Resources

1
Office of Human Resources Authorization to
Complete I-9 Forms
Human Resource Information System (HRIS)
2
Facts
U.S. Citizenship and Immigration Services has
issued a revised I-9 Form, Employment Eligibility
Verification to comply with the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1997 (IIRIRA). The Act mandates the
number of documents that employers may accept
from new hires as eligibility verification be
reduced. This form has been updated to comply
with the 1997 regulation that revised the List of
Acceptable Documents. The date this becomes
effective has been extended to 02/02/09.
3
Facts
The due date/deadline for submitting a Form I-9
for new employees is within 72 hours/3 days from
the employees first day of work. It is
recommended that this form be submitted by the
first day of work to avoid possible delays.
4
Facts

• To insure that ASU adheres to this new mandate,
  Human Resources at ASU now requires that all
  staff who are responsible for submitting I-9
  forms be authorized.
• To become authorized you simply need to complete
  this 30 minute course and answer a few test
  questions at the end.
• A PDF document of the Form I-9 is available for
  your reference in the Resource area of this
  course.

5
Why Authorization?

• Submitting a late or incorrect Form I-9 to Human
  Resources may cause these problems
• It may affect the individuals start date. The
  new employee has 72 hours from their start date
  to complete and turn in the I-9. If it is late
  their start date is affected, which could delay
  their first pay check.
• If it is the departments or ASU's fault
  (mistakes) it can delay when the new employee
  receives their first check.

6

• Form I-9
• Section 1
• Employee Information
• and Verification

7
Section 1

• Although the employee is responsible for
  completing section 1, we, as the employer, are
  responsible for ensuring that it is accurately
  and completely filled out prior to the employee
  leaving our desk.
• (contd.)

8
Section 1

• Please review and ensure the employee has filled
  in all the required information completely.
  Review the information and compare it to the
  employees documents. Verify that the name is the
  same as it appears on the passport and that the
  date of birth is entered correctly. The name and
  date of birth is also noted on both the passport
  and the Form I-94. Check both.

Slide 8 of 58
9
Section 1

• Pay special attention to the attestation box
  and ensure that the employee marks one of the
  choices and fully completes the required
  information.
• Foreign Nationals will mark the third box An
  alien authorized to work until ___/__/____
• (Contd)

10
Section 1

• (Alien or Admission )_____________
• The work authorization date will be located on
  the employees work authorization document which
  may be an I-20, DS-2019 or an H1B Form I 797 A.
  The alien or admission is the number located
  at the top of the From I-94 which is comprised of
  11 numbers.

Slide 10 of 58
11
Section 1

• On the "Print Name" line the name should appear
  exactly as it appears on the employee's document
  in List A or List B of the List of Acceptable
  documents.

12
Section 1

• B. The Employee MUST complete the Attestation box
  to affirm their legal responsibility for the
  accuracy of the information and to protect ASU.

13
Section 1

• A Lawful Permanent Resident is a person who has
  gone through the legal process to become a
  Permanent Resident of the US. They are eligible
  for employment as equally as a Citizen of the US.

14
Section 1

• A Lawful Permanent Resident will have a Driver
  License and regular Social Security card THAT
  DOES NOT INCLUDE for work purposes only
  printed on it  above the SSN. This individual CAN
  Use their DL and SSN to complete the form I-9
  (List b List C)  OR they can use their PRC Form
  I-551 (List A).

Slide 14 of 58
15
Section 1

• For the line titled An alien authorized to work
  untilThe date is collected from the DS-2019
  (J-1 Student or J-1 Researcher) or  the Form
   I-20 ( F-1 Student), plus the number on the Form
  I-94.  For the line titled (Alien or
  Admission ) use I-94.

16

• Form I-9
• Section 2
• Lists of Acceptable Documents

17
Section 2

• List A affirms BOTH Identify and Eligibility
• List B affirms Identity ONLY
• List C affirms Eligibility ONLY
• You cannot use the same document for both Lists B
  and C.

18
Section 2

• Employers must record
• Document title
• Issuing authority
• Document number
• Expiration date, if any Effective 2/2/09 All
  Passport dated must be Unexpired.
• The date employment begins.

19
Section 2

• Section 2, List A of the Form I-9 provides space
  for you to record the document number and
  expiration date for both the unexpired Foreign
  Passport and the attached INS Form I-94. These
  documents establish both identity and employment
  eligibility. However, this does not indicate
  they are eligible to work at ASU, just that they
  are eligible to work in the US. There are other
  specific documents which indicate they are
  eligible to work at ASU (i.e., I-20, DS-2019 or
  an H1B Form I 797 A).
• (Contd.)

20
Section 2

• Section 2, List A - Examine the documents and
  fill in the document title, issuing authority,
  number, and expiration date in the appropriate
  spaces provided

Slide 20 of 58
21
Section 2

• The unexpired Foreign Passport will
• Have a Form I-94 attached to it bearing the same
  name as the passport and an employment
  authorization stamp, so long as the period of
  endorsement has not yet expired, and the proposed
  employment is not in conflict with any
  restrictions or limitations identified on the
  Form I-94.
• (Contd.)

22
Section 2

• Or
• The unexpired Foreign Passport will
• Contain an unexpired stamp which reads Processed
  for I-551. Temporary Evidence of Lawful Admission
  for permanent residence. Valid until ___/__/____
  Employment authorized. (Note this is less
  commonly seen, but still acceptable)

Slide 22 of 58
23
Section 2

• If any area is not filled out correctly the
  document will be returned to the Authorized
  Representative who signed in Section Two.

24
Section 2

• Items in list A include
• U.S. Passport (unexpired)
• Permanent Resident Card or Alien Registration
  Receipt Card (Form I-551)
• An unexpired foreign passport with a temporary
  I-551 stamp
• (Contd.)

25
Section 2

• An unexpired Employment Authorization Document
  that contains a photograph (Form I-766, I-688,
  I-688A, I-688B)
• An unexpired foreign passport with an unexpired
  Arrival-Departure Record, Form I-94, bearing the
  same name as the passport and containing an
  endorsement of the alien's nonimmigrant status,
  if that status authorizes the alien to work for
  the employer.
• (Contd.)

26
Section 2

• Items in list B include
• 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
• (Contd.)

27
Section 2

• Items in list B include
• ID card issued by federal, state or local
  government agencies or entities, provided it
  contains a photograph or information such as
  name, date of birth, gender, height, eye color
  and address
• School ID card with a photograph
• (Contd.)

Slide 27 of 58
28
Section 2

• Voter's registration card
• U.S. Military card or draft record
• Military dependent's ID card
• (Contd.)

29
Section 2

• U.S. Coast Guard Merchant Mariner Card
• Native American tribal document
• Driver's license issued by a Canadian government
  authority
• (Contd.)

Slide 29 of 58
30
Section 2

• For persons under age 18 who are unable to
  present a document listed above
• School record or report card
• Clinic, doctor or hospital record
• Day-care or nursery school record

31
Section 2

• Items in list C include
• U.S. Social Security card issued by the Social
  Security Administration (other than a card
  stating it is not valid for employment)
• Certification of Birth Abroad issued by the
  Department of State (Form FS-545 or Form
  DS-1350)
• (Contd.)

32
Section 2

• Original or certified copy of a birth certificate
  issued by a state, county, municipal authority or
  outlying possession of the United States bearing
  an official seal.
• (Contd.)

Slide 32 of 58
33
Section 2

• Native American tribal document
• U.S. Citizen ID Card (Form I-197)
• ID Card for use of Resident Citizen in the United
  States (Form I-179)
• (Contd.)

34
Section 2

• Unexpired employment authorization document
  issued by Department of Homeland Security (other
  than those listed under List A)
• Employment authorization document issued by the
  Department of Homeland Security.

Slide 34 of 58
35
Section 2
Note A Payroll representative fills out the
date in the CERTIFICATON statement. This date
must be within 72 hours of the Date of Hire,
otherwise the Date of Hire is adjusted and may
affect Benefit eligibility.
36
Section 2
The Authorized Representative must use the
precise address for the Business Organization.
37
Section 2
What will happen if any area is not filled out
correctly? The document will be returned to
the Authorized Representative who signed in
Section Two.
38

• Form I-9
• Section 3
• Updating and Reverification

39
Section 3

• This area is to be completed when the employer
  needs to update and/or re-verify the Form I-9.
  For instance
• Change in name (update)
• Extension of Visa work permit (reverify)
• Switched Visa type (reverify)

40
Section 3
During the updating, what will happen if any area
is not filled out correctly?
41
Section 3
Answer The document will be returned to the
Authorized Representative who signed in Section
Three.
42

• Authorization Process

43
Authorization Process
To complete this online training to be authorized
as a person who completes Form I-9, you must
score 100 on the test, which the Office of Human
Resources (OHR) will confirm. To notify OHR that
youve completed this training, send an email
to I-9_at_asu.edu and your immediate
supervisor. You and your supervisor will be
notified via email to confirm your authorization.
44

• Questions and Answers
• About the Minor Revisions
• To Form I-9

45
Questions and Answers

• Question 1
• Where can I get the new Form I-9 (Rev. 02-02-09)N
  and the Employer Handbook (M-274)?
• Both Form I-9 and the Employer Handbook are
  available as downloadable PDFs at www.uscis.gov
  Employers without computer access can order USCIS
  forms by calling our toll-free number at
  1-800-870-3676. Individuals can also request
  USCIS forms and information on immigration laws,
  regulations, and procedures by calling the
  national Customer Service Center toll-free at
  1-800-375-5283.

46

• Note the Form I-9 is also available on ASUs
  Human Resources Forms page at
• http//www.asu.ed/hr/forms/I-9

47

• Question 2
• What is the difference between the revised Form
  I-9 and the old one?
• Instructions regarding Section 1 of Form I-9 now
  indicate that the employee is not obliged to
  provide the Social Security Number in Section 1
  of Form I-9, unless he or she is employed by an
  employer who participates in E-Verify. The
  section on Photocopying and Retaining Form I-9
  now includes information about electronically
  signing and retaining I-9 forms.

48

• Question 3
• Can I accept documents that used to be on the
  Form I-9 but arent now?
• No. Employers may only accept documents listed on
  the List of Acceptable Document on Form I-9. When
  re-verifying employees, employers should ensure
  that they use the new Form I-9 with its updated
  list of acceptable documents.
• NOTE The ORIGINAL documents must be used to
  collect this information. ASU CANNOT accept
  photocopies.

49

• Question 4
• Are there any changes in the way the new Form I-9
  is completed?
• No. The updated form should be completed exactly
  the same way as the old one was. The only
  difference is the types of documents that
  employers may accept in Section 2.

50

• Question 5
• Is the Form I-9 available in different languages?
• The form I-9 is available in English and Spanish.
  However, only employers in Puerto Rico may have
  employees complete the Spanish version for their
  records. Employers in the 50 states and other
  U.S. territories may use the Spanish version as a
  translation guide for Spanish-speaking employees,
  but must complete the English version and keep it
  in the employers records. Employees may also use
  or ask for a translator/preparer to assist them
  in completing the form.

51

• Question 6
• What versions of Form I-9 are valid for use?
• As of April 3, 2009, the form I-9 with a revision
  date of February 2, 2009 is the only version of
  the form that is valid for use. The revision date
  is printed on the lower right corner of the form
  and states (Rev. 02/02/09)N. All previous
  versions of Form I-9, in English or Spanish, are
  no longer valid. The 1988 version of Form I-9 in
  Spanish expired in 1991.Always note that the
  correct revision date of 02-02-09 is on the lower
  right corner of any form you work with.

52

• Question 7
• When should employers begin using the version of
  Form I-9 marked with a revision date of (Rev.
  02-02-09)N?
• Employers must use the amended Form I-9 (Rev.
  02/02/09)N for all individuals hired on or after
  April 3, 2009. However, DHS recognizes that
  employers should be afforded a period of time to
  transition to the amended Form I-9. DHS will
  publish a Notice the Federal Register announcing
  that is will not seek penalties against an
  employer for using a previous version of the Form
  I-9 during a 30 day transition period that begins
  on date of publication of the Notice. After the
  transition period, employers who fail to use Form
  I-9 (Rev. 02/02/09)N may be subject to all
  applicable penalties under section 274A of the
  INA, 8 U.S.C. 1324a, as enforced by U.S.
  Immigration and Customs Enforcement (ICE).

53

• In reference to Question 7
• What is the regulation for use of the Form I-9?
• The form will be kept by the employer and made
  available for inspection by officials of U.S.
  Immigration and Customs Enforcement, Department
  of Labor and Office of Special Counsel for
  Immigration Related Unfair Employment Practices.
• The Office of Human Resources is responsible for
  the storage and tracking of I-9's to be compliant
  with Federal Law.

54

• Question 8
• Do I need to complete the new version of Form I-9
  for all my employees or just the new hires as of
  December 24th, 2008?
• Employers only need to complete the new version
  of Form I-9 (Rev. 02/02/09)N for new employees.
  Employers do not need to complete new forms for
  existing employees. However, employers must use
  the Form I-9 (Rev. 02/02/09)N when their
  employees require re-verification.

55

• Question 9
• What is a common problem the Office of Human
  Resources finds when processing Form I-9s?
• A common problem is finding forms that are not
  signed or dated!
• Even if the Form I-9 is certified via a notary,
  it must still be signed. The Department is still
  responsible for this signature.
• Date of Hire should not be completed by
  the Authorized Representative. This will be
  completed by a Human Resources representative in
  Payroll.

56
Resource Links

• Handbook for Employers, Instructions for
  Completing the Form I-9
• http//www.uscis.gov/files/nativedocuments/m-274.p
  df
• The Form I-9 Process In A Nutshell
• http//www.uscis.gov/files/article/EIB102.pdf
• I-9 Document in Review
• http//www.uscis.gov/files/article/OBL_103.pdf
• I Am an Employer. . . How Do I. . .
• http//www.uscis.gov/files/article/Iamanemployerco
  mpleteformI9.pdf

57
Ongoing Help
Job Aids and guides are available at
http//www.asu.edu/oasis/support/JobAids.html Fo
r immediate technical help with this course,
submit a CRM (Customer Relationship Management)
ticket at https//www.asu.edu/go/support/
Select University Technology Office for the
organization, Type in a summary and description
of your problem.
58
Thank you!
Thank you for your interest in complying with
the laws and regulations regarding how to
correctly complete and submit the Form I-9. Your
expertise in serving the ASU Community is much
appreciated. Please continue to the Pre-test
section of this training. End of Presentation