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EMPLOYERS ASSOCIATION OF NEW JERSEYEMPLOYERS ASSOCIATION OF NEW JERSEY30 W. Mount Pleasant Ave., Suite 20130 W. Mount Pleasant Ave., Suite 201

Livingston, NJ 07039Livingston, NJ 07039(973) 758-6800 or (609) 393-7100(973) 758-6800 or (609) 393-7100

Fax: (973) 758-6900Fax: (973) 758-6900

eanj@eanj.orgeanj@eanj.org

COMPLETING THE FORM I-9

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Obtaining the Form I-9

The Form I-9 can also be completed electronically, provided that:

1. The resulting form is legible;

2. No change is made to the name, content, or sequence of the data elements and instructions;

3. No additional data elements or language are inserted; and

4. The employee receives the Form I-9 instructions;

Employers may use paper, electronic systems, or a combination of paper and electronic systems.

To obtain the newest version of the Form I-9 go to:

http://www.uscis.gov/files/form/i-9.pdf

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Expiration Date of Form 03/31/2016

New Revision Date of

03/08/13

CURRENT I-9 FORM

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Employee completes Section 1All employees must complete Section 1 no later than the first business day of employment for pay.

Employee reads, signs and dates

Check an appropriate box for work authorization and fill in other information if applicable.

Unless the employer is a participant in the E-Verify Program, an employer can not require the employee to provide their social security number for Form I-9 purposes

Preparer or Translators signature

Employee completes personal information

An E-mail address and phone number has been added as an optional field. You may write “N/A” if you choose not to provide this information.

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• You may not specify which document (s) an employee must present.

• Do not use whiteout. If a mistake occurs during completion of the I-9 form cross out the error, initial and date it, and insert the correct information.

• You must examine the original document (s) presented by the employee and then complete Section 2 of the I-9 form.

• You must accept any document (s) presented by the individual which appears on its face to be genuine and related to the person presenting them.

WHAT DOCUMENTS ARE ACCEPTABLE?

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or one each from List B (establishes identity only) and List C (establishes employment eligibility)

Employees chooses one fromList A establishes both identity and employment eligibility)

Employees must present an original document or documents that establish identity and employment eligibility within three days of starting their job.

Employees can choose which document (s) they want to present from the lists of acceptable documents.

New Revision Date of

03/08/13

All documents must be unexpired

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Sample List A – DocumentForeign Passport with I-551 Stamp

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List A – DocumentTemporary I-551

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List A – DocumentPermanent Resident Card

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Sample List A – DocumentEmployment Authorization Document (Form I-766)

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Sample List A – Document Form I-94/I-94A Arrival/Departure Record

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TPS/REFUGEE• TPS - An Employment Authorization Document (EAD)

(Form I-766) that is expired on its face, but that has been automatically extended by a Federal Register notice. The Federal Register notice will describe, based on unique notations on the cards, which EADs have been automatically extended. (To minimize confusion over this extension at the time of hire or reverification, qualified individuals may present a copy of the applicable Federal Register notice regarding the auto-extension of employment authorized status.)

• REFUGEE - The departure portion of Form I-94 or I-94A with an unexpired refugee admission stamp

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(1) List Aor

•Provide employee a list of acceptable documents.•Do not request or require particular documents. The employee can choose from the lists which

documents they would like to use.

Make sure that the documents are: originals, appear to be genuine and relate to the employee,Issuing authority and document number are recorded on correct lines.

Do not over-document only include:

Fill in the document title, issuing authority, number and expiration date (if any) in the space provided.

(1) List B & (1) List C

Expiration dates of documents must be written in month/day/year format

(mm/dd/yyyy)

These additional spaces are for the employer to record the SEVIS number and program end date for students/employment authorization expiration date for exchange visitors.

Remember to fill in the employee’s name.

Write N/A in any spaces that are not applicable.

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Read, fill in the information (including the date employment begins) in the certification section, sign and date.

Do not forget to include the complete business address.

Date of hire should be within 3 days of date of the signature of company representative.

The employer representative attests to examining the documents provided by filling out the signature section.

EMPLOYER OR REPRESENTATIVE CERTIFICATION

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REVERIFICATION PROCESS• Employer must complete Section 3 when:

– An employee’s work authorization documentation has expired; or

– An employer rehires the person within 3 years of the date that Form I-9 was originally completed and the original I-9 is still in its possession,

• Employee must present documentation from either List A or List C for re-verification.

• Do not reverify identity.

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REVERIFICATION PROCESSDo Not Reverify

– U.S. Passport or Passport Card – Permanent Resident Card (Form I-551) – List B documents

Permanent Resident Reverification • Exceptions

– Reverify only if employee presents a Form I-94 with a temporary I-551 stamp, or

– A foreign passport with a temporary I-551 stamp (on a machine readable immigrant visa (MRIV))

Usually Reverify • When employment authorization document (List A or C) has

an expiration

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http://www.uscis.gov/files/form/m-274.pdf

Rev. 03/08/13

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OTHER RESOURCESI-9 Central: www.uscis.gov/I-9Central I-9 Central Spanish: www.uscis.gov/i-9Central/Espanol

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RECEIPT RULE• Receipts may be used as temporary proof of

employment eligibility when a List A, B or C document has been lost, stolen or damaged. – The receipt must be issued by the originating agency. – The employee must present a replacement document

within 90 days of the hire date. EXCEPTIONS: • The arrival portion of Form I-94/I-94A with a

temporary I-551 stamp and a photograph of the individual.

• The departure portion of the Form I-94/I-94A with a refugee admission stamp

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Receipt Rule

Receipt

Who may present this receipt?

Is this receipt proof of employment authorization

and/or identity?

How long is this receipt valid?

What must the

employee present at the end of the receipt validity

period?

A receipt for a replacement of a

lost, stolen, or damaged document

All employees

A receipt fulfills the

verification requirements of the document for which

the receipt was issued (can be List A, List B, or List C)

90 days from date of hire or, for

reverification, the date employment

authorization expires

The actual document for which the receipt

was issued

The arrival portion of the Form I-94 or I-94A containing a Temporary I-551

stamp and photograph

Lawful Permanent Residents

Employment authorization and identity (List A)

Until the expiration

date of the Temporary I-551 stamp or, if no

expiration date, 1 year from date of

issue

The actual Form I-551 (Permanent

Resident Card, or green card)

The departure portion of Form I-94

or I-94A with an unexpired refugee admission stamp

Refugees

Employment authorization and identity (List A)

90 days from date of hire or, for

reverification, the date employment

authorization expires

An unexpired EAD (Form I-766) or a combination of a

valid List B document and an unrestricted Social

Security card

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RETENTION OF FORM I-9 Form I-9 must be retained for all current employees. Upon termination of employment, Form I-9 should either be

retained for : Three (3) years after date of hire One (1) year after date of termination; Whichever date is later.

Example: Employee hired on 8/01/03 and terminated on 1/10/12); Employee was employed for 3 or more years, Form I-9 should

be retained for one (1) year from date of termination; Document may be disposed of on 1/10/13;

Employee hired on 8/10/11 and terminated on 1/10/12), Employee was employed for less than 3 years, Form I-9 should

be retained to make up the difference to the three (3) year date to a minimum of one (1) year; Form I-9 should be retained for two (2) years and eight (8) months;

Document may be disposed of on 08/10/14.

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STORAGE

Form I-9 MUST be on file for all current employees – Store Forms I-9 securely in a way that meets

your business needs – on site, off-site, storage facility or electronically.

– Store Forms I-9 and document copies together. – Ensure that only authorized personnel have

access to stored Forms I-9. – Make Forms I-9 available within 3 days of an

official request for inspection.

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Retention Period

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Missing/Deficient Information

Bogart Humphrey

24 East Street Anywhere NJ 07055

√

10/25/1989 hbogart@gmail.com 973-758-6800

HB11/10/13

Humphrey Bogart 1/10/2012

Missing information in section 1, can be corrected or completed by the employee. It needs to be initialed and dated by the employee as of the date the correction is made.

N/A

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Missing/Deficient Information

Minor deficiencies Such as omission

driver's license number (if copy is attached and date of hire date (from company records) can be corrected by writing information into appropriate boxes and initial and dating it as of the date the change was made.

Audrey Hepburn

HR Manager

55 Main St.

1-10-2013Audrey Hepburn

NJ Drivers Licenses

Motor Vehicle Commission

R6912 97546 58992

Social Security Card

Social Security Administration

155-55-5555

AH11/10/10

1-07-13AH11/10/10

All Business USA

Anywhere NJ 07055

10/05/2015

Hepburn Audrey

Bogart, Humphrey

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Missing/Deficient Forms

Major deficiencies Such as not having a

Form I-9 for a current employee who was hired after November 6, 1986 or where the signature of employee representative is missing can not be corrected and a new Form I-9 must be completed.

HR Manager

55 Main St.

NJ Drivers Licenses

Motor Vehicle Commission

R6912 97546 58992

Social Security Card

Social Security Administration

155-55-5555

1-07-13

All Business USA

Anywhere NJ 07055

10/05/2015

Hepburn Audrey

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Discrimination Based OnNational Origin and

Citizenship

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Types of Discrimination Under Immigration and Nationality Act (INA)

Unlawful Discrimination General Provisions

The anti-discrimination provision of the INA, as amended, prohibits 4 types of unlawful conduct:

1. Citizenship or immigration status discrimination;

2. National origin discrimination;

3. Unfair documentary practices during Form I-9 process (document abuse); and

4. Retaliation.

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Document Abuse • Discriminatory documentary practices

related to verifying the employment authorization and identity of employees during Form I-9 process is called document abuse.

• Document abuse occurs when employers treat individuals differently on the basis of national origin or citizenship status in Form I-9 process.

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Document Abuse- Verification Process

Requiring proof of citizenship Scrutinizing those who look foreign more

closely (e.g., rejecting Arabs) Refusing to hire because authorization is

temporary

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Exceptions In Hiring Practices

Preference for Nationals and Citizens Preference for nationals or citizens only o.k. if, after

a careful comparison, both candidates appear to be equally qualified

Policy against sponsoring permanent residence (o.k. if there is another qualified candidate)

Required by Law Regulation Government contract Executive order

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ExceptionsBona Fide Occupational Qualification (“BFOQ”) “qualification reasonably necessary to the normal operation of that particular business or enterprise.” 42 U.S.C. § 2000e-2(e).

•Ex.: in the hiring of a men’s or women’s room attendant, an actress, or a model.

•NOT customer preference– Government Contract

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Examples Of Citizenship Status Discrimination

Green card only hiring policy Refusing to hire Asylees/Refugees Preferring undocumented workers Preferring H1-B or other temporary

workers Different hiring procedures for U.S.

Citizens and immigrants

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Discrimination Prohibited by Title VII 1. Set different employment eligibility verification standards or require that

different documents be presented by employees because of their national origin and citizenship status.

2. Request to see employment eligibility verification documents before hire and completion of Form I-9 because someone looks or sounds “foreign,” or because someone states that he or she is not a U.S. citizen.

3. Refuse to accept a document, or refuse to hire an individual, because a document has a future expiration date.

4. Request that, during reverification, an employee present a new unexpired Employment Authorization Document if he or she presented one during initial verification. For reverification, each employee must be free to choose to present any document either from List A or from List C.

5. Limit jobs to U.S. citizens unless U.S. citizenship is required for the specific position by law; regulation; executive order; or federal, state, or local government contract.

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Retaliation

When an individual asserts rights, files a charge, or assists in an investigation or litigation involving any of these forms of discrimination, an employer may not intimidate, threaten, coerce or retaliate against him/her for the purpose of interfering with these activities.

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Avoiding Discrimination

Make decisions based on legitimate, non-discriminatory job-related reasons.

Be consistent.

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Civil ViolationsFirst Offense Second Offense Third Offense

Minimum Maximum Minimum Maximum Minimum Maximum

Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States.

$375 for each worker.

$3,200 for each worker.

$3,200 for each worker.

$6,500 for each worker.

$4,300 for each worker.

$16,000 for each worker.

Failing to comply with Form I-9 requirements.

$110 for each form. $1,100 for each form. $110 for each form. $1,100 for each form. $110 for each form. $1,100 for each form.

Committing or participating in document fraud.

$375 for each worker.

$3,200 for each worker.

$3,200 for each worker.

$6,500 for each worker.

$3,200 for each worker.

$6,500 for each worker.

Committing document abuse.

$110 per violation. $1,100 per violation. $110 per violation. $1,100 per violation. $110 per violation. $1,100 per violation.

Unlawful discrimination against an employment-authorized individual in hiring, firing, or recruitment or referral for a fee.

$375 per violation. $3,200 per violation. $3,200 per violation. $6,500 per violation. $4,300 per violation. $16,000 per violation.

Asking an employee for money guaranteeing that the employee is authorized to work in the United States, also called an indemnity bond.

•Pay $1,100 for each bond the employee paid to the employer.•Refund the employee the full amount of the bond. If the employee cannot be found, this refund will go to the U.S. Treasury.

Criminal Violations First Offense Second Offense Third Offense

Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens.

•  Up to $3,000 for each unauthorized alien.•Up to 6 months in prison for the entire pattern or practice.

•Up to $3,000 for each unauthorized alien.•Up to 6 months in prison for the entire pattern or practice.

•Up to $3,000 for each unauthorized alien.•Up to 6 months in prison for the entire pattern or practice

Civil Fines and Criminal Penalties for Form I-9 Violations

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30 W. Mount Pleasant Ave., Suite 201Livingston, NJ 07039

(973) 758-6800 or (609) 393-7100Fax: (973) 758-6900

eanj@eanj.org

Employers Association of New Jersey

A nonprofit association helping employers create exceptional workplaces since 1916.