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I-9 Employment Verification

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Basic Obligations

1.

Employer must verify employment eligibility of every person hired after November 6, 1986, whether U.S. citizen or foreign national

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Basic Obligations (Cont'd)

2.

Employer must not hire or continue to employ an individual if employer has knowledge that the individual is not

authorized to work.

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Basic Obligations (Cont'd)

3.

Employer must not

discriminate on basis of

citizenship or national

origin, or committing

"document abuse"

by requiring more or

different documents in a

way that discriminates.

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List of Acceptable Documents

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When is I-9 Completed?

There are

SECTIONS

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Section 1

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Employee Signature and Attestation

You attest under penalty of perjury that the information

you provided, along with the citizenship or immigration

status you selected and all information and documentation

you provide to your employer, is complete, true and

correct, and you are aware that you may face severe

penalties provided by law and may be subject to criminal

prosecution for knowingly and willfully making false

statements or using false documentation when completing

this form. Further, falsely attesting to U.S. citizenship may

subject employees to penalties, removal proceedings and

may adversely affect an employee’s ability to seek future

immigration benefits.

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Section 2 – Document Responding Area

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Section 2 – Certification & Employer's

Information

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Section 2 – Certification

I attest, under penalty of perjury, that

(1) I have examined the document(s) presented by the above-named employee,

(2) the above-listed document(s) appear to be genuine and to relate to the employee named, and

(3) to the best of my knowledge the employee is authorized to work in the United States.

The employee's first day of employment (mm/dd/yyyy): _________ (See instructions for exemptions.)

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Section 2 – Certification & Employer's

Information

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Section 3 – Updates, Reverification & Rehires

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Section 3 - Name Changes

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May require documentation to confirm name change

Questions regarding identity and employment eligibility

Not required to be captured

May use margin above Section 1 to identify and track name changes

Employee should provide reasonable explanation for name change

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Section 3 - Reverification Requirements

For US citizens or non-citizen national,

For aliens authorized to work until date specific,

For lawful permanent residents,

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always

never

usually not

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Reverification Options

Section 3

Document Title

Document Number

Expiration Date

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New Form I-9

Section 1 and 2

OR

Section 3 only

OR

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Rehire

If an employee is re-hired within 3 years of initial completion of Form I-9 and employee remains eligible to work, no new I-9 required (unless form has been updated)

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List A – Documents that Establish Both

Identity and Employment Eligibility

Typically:

U.S. Passport

Alien Registration Receipt Card (Green Card, Form I-551)

Employment Authorization Card with photo (Form I-766)

Foreign Passport with I-94 Card Showing Employment Authorization

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List A

U.S.

Passport

Card

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Current

Permanent

Resident

Card

(Form I-551)

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List A

Older versions Permanent Resident Card I-551

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List A - Employment Authorization

Document (EAD)

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List B – Documents that Establish Identity

Driver’s

License with

photo

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Typically:

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List C – Documents that Establish

Employment Eligibility – Social Security Card

Typically:

U.S. Social Security Card (other than one stating "not valid for employment")

SSA or DHHS

Numbers

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List C – Documents that Establish

Employment Eligibility – U.S. Birth Certificates

Typically:

Birth Certificate: (Issued by a State, county, municipal authority or territory of the U.S. bearing an official seal)

Hospital birth certificates

Document Number

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When Are Expired Documents Acceptable?

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Reasons to Inquire Further

Name in §1 different than document presented

Document does not appear in I-9 Handbook

Descriptive information on document presented appears suspicious

Obvious forgery

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Should the Employer Keep Copies of I-9 Documents Presented?

– Shows bona fide attempt

to comply even if I-9 form

itself is incomplete

– Not legally obligated

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Should the Employer Keep Copies of I-9 Documents Separate from Personnel Files?

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Retention Requirements

I-9 File must be retained for all

current employees

For terminated employees,

I-9 file must be retained for

3 years from date of hire

OR

1 year from termination date

whichever is LATER

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How Long Should You Keep the I-9 Form?

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Hire Date: 03/16/2012

Date of Separation: 09/23/2012

Retention Date: 03/16/2015

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Retention Worksheet

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Storage Best Practices - RETAIN

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Retain I-9s for all current employees

in alpha order

Retain I-9s for all current employees

subject to reverification by date of

reverification

Retain I-9s for all terminated

employees by date of destruction

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Are Receipts Acceptable?

Yes, IF:

◦ Receipt is for replacement of List A, B or C

document because document was lost, stolen

or damaged

Actual document must be presented

within 90 days of date of hire

Receipts for initial EAD/extensions are

usually not acceptable (with several but

limited exceptions…)

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I-9 Completion for 180 day auto extension rule on EAD

Category on card vs. approved list (https://www.uscis.gov/working-united-states/automatic-employment-

authorization-document-ead-extension)

List A

◦ Expired EAD with I-797 Receipt Notice for timely

filed renewal application

Title: EAD/EAC

Issuing Authority: USCIS

Document Number: I-797 Receipt Number

Expiration Date: 180 days from EAD expiration

Must Reverify – 180 days from initial expiration (and

again by new EAD expiration)

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I-9 Completion for Foreign Student on CPT

List A

o Unexpired foreign passport (title, authority, number, expiration)

o Form I-94 indicating F-1 nonimmigrant status (title, authority, number, expiration D/S) (https://i94.cbp.dhs.gov/I94/request.html)

o Form I-20 with DSO endorsement on page 3 identifying employer (title, authority, number, expiration)

Must Reverify: See expiration date in Section 1

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I-9 Completion for Foreign Student on OPT

List A

oEmployment Authorization Document/Card

Title: EAD/EAC

Issuing Authority: USCIS

Document Number: USCIS-A#

Expiration Date

Must Reverify: See expiration date in Section 1

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I-9 Completion for Foreign Student on OPT STEM extension

List A

oExpired EAD and Form I-20 confirming STEM

Title: EAD/EAC

Issuing Authority: USCIS

Document Number: USCIS-A#

Expiration Date (past)

Additional Information: 180-day extension

Must Reverify 180 days from OPT expiration

(and again by STEM OPT expiration)

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I-9 Completion for Foreign Student on

Cap Gap

List A

oExpired EAD and I-20 confirming “cap gap”

Title: EAD/EAC

Issuing Authority: USCIS

Document Number: USCIS-A#

Expiration Date (past)

Additional Information: Cap Gap

Must Reverify by October 1 (and again by

H-1B expiration date)

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I-9 Completion for Employee with New H-1B

List A oUnexpired foreign passport

o Form I-94 indicating admission to work in work

authorized category (see I-797)

Must Reverify:

See expiration date

in Section 1

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I-9 Completion When an H-1B Employee

"Ports"

List A

oUnexpired foreign passport

o I-94 card issued to the previous employer

oWrite ‘AC21’ and the date the I-129 was filed with USCIS in ‘Additional Information’

Once H-1B Approved: update the I-9 Form in Section 3 by recording the new I-797 title, number and expiration date. Sign and date with current date.

Must Reverify by new expiration date

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I-9 Completion for 240 day auto extension rulE

No new documents required

Additional information: ‘240-day

extension’ and date extension was filed

Must reverify – 240 days from initial

expiration (and again by new expiration

date)

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Goals of the Correction Process

Putting the Employer

in the best position

possible should an

audit occur

Transcription errors

and omissions

Making all corrections

obvious and in good faith

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Establishing Priorities

Missing I-9 Forms – review current payroll

Corrections that the employer can make without

employee involvement

Corrections that require the employee to make a

correction but original documents are not required

Corrections that require the employee to present

original documents and correct and/or complete

I-9 Form

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General Correction Guidelines

Only the EMPLOYEE can make corrections to Section 1

Only the EMPLOYER can make corrections to Section 2

Never use white out, correction tape or stickers to correct an I-9 Form

Draw a single line through any incorrect information and enter the correct information as closely to the field as possible

Initial and Date ALL corrections

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What To Do If I-9s Are Missing Or Incomplete

If missing, complete a

new I-9 with

current date, adding:

"New

verification per internal

audit"

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If incomplete, correct with

proper information and date, adding:

"Corrected

per internal audit"

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I-9 Resources

I-9 Form and Instructions:

www.uscis.gov/i-9

M-274 Handbook for Employers

I-9 Central including Q&A:

https://www.uscis.gov/i-9-central

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ICE Audits & Raids

Call your Lawyer

Confirm ID

◦ Ask to see agents’ badges/credentials,

◦ Secure name(s), title(s), employer(s) and contact info

If AUDIT: request your right to a 3 day notice period

before an agent collects or reviews any of your I-9 forms

If RAID: request a copy of the warrant and confirm

signature, time, scope, and ask to make a copy

Other Do’s & Dont’s…

Regarding Your Employees…

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A Successful Internal I-9 Audit

How many employees are involved

in conducting I-9 compliance?

When is the I-9 completed?

Do you properly store your I-9s according to the

retention requirements for current and terminated

employees?

Do you destroy those records that are no longer

required to be maintained?

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A Successful Internal I-9 Audit (Cont'd)

• Are the I-9s being stored separate

from personnel files?

• Is each I-9 thoroughly and

properly completed?

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• Are you timely complying with

re-verification requirements for employees with

expiring work authorization?

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A Successful Internal I-9 Audit (Cont'd)

Are you directing employees as to

which documents to present in

satisfaction of I-9?

Are you following prescribed

procedures in correcting errors

found within the I-9?

Are you mistakenly requiring reverification for

lawful permanent residents who presented

resident alien cards which have now expired?

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Copyright 2018 – Jenifer M. Brown