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I-9 TRAINING PROGRAM
Note from Tracker Corp: These slides are also available within the Tracker I-9 software. You are welcome to use this document within your company without any copyright concerns. Please do not distribute it outside your company without first requesting our permission.
Copyright © 2009 Tracker Corp VERSION 2009-10-21
Utah State UniversityHuman Resources
Copyright © 2009 Tracker Corp
Table of Contents
What is Form I-9 and When Is It Needed?
Employer’s Role in Completing Form I-9
Acceptable Documents for Form I-9 (Section 2)
Compliance and Penalties for Errors
2
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What is the Form I-9?It’s the form used to verify an employee’s authorization to work in the U.S., required by law since 1986 for all employees providing services in the U.S.
The Dept. of Homeland Security (DHS), Dept. of Labor (DOL) or Immigration and Customs Enforcement (ICE) conduct audits of U.S. employers to enforce this program.
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Three Sections of the Form I-9Section 1: Employee Information and Verification
Section 2: Employer Review and Verification
Section 3: Updating and Reverification
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2
3
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Who Completes the I-9 and When?
Section 1: Section 1 on Day 1, when employment begins Employee Information and VerificationEmployee must complete or before. Employee must provide original identity and work authorization documents (for Section 2) within three business days of starting work.
Because of E-Verify the USU HR office must have the completed I-9 form by the morning of the 3rd business day.
Section 2: Employer Review and VerificationEmployer must complete within three business days of the employee starting work (or by the 1st day of employment if the individual will work for three or fewer days).
Because of E-Verify the USU HR office must have the completed I-9 form by the morning of the 3rd business day.
Section 3: Updating and Reverification done by HR- Most Common Reason:Employee is a foreign national whose work permission has an expiration; employer must reverify before permission expires.
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Employer’s Role: Section 1
Blank Form I-9 may be reproduced provided both sides (Form and List of Acceptable Documents) are copied.
Ensure that the employee signs and dates the Form I-9. If not, employer assumes liability for false statements in Section 1.
If employer types or translates Section 1 for employee, employer must sign Preparer/Translator section.
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Note: It is the employer’s responsibility to ensure Section 1 is complete and accurate to the best of your knowledge.
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Employer’s Role: Section 2
Establish the employee’s identity and verify work authorization.
Review the documentation presented by the employee and record the document title, issuing authority, document number and expiration date. *Do NOT over document.
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Employer’s Role: Section 2 Continued
Acceptable documents for I-9 purposes are broken down into different lists, according to what they help the employer establish:● List A documents establish both identity and work
authorization● List B documents establish only identity● List C documents establish only work authorization
Note: Always allow the employee to choose which documents to present. Telling them which documents to present for Section 2 or using more documents than required (over documentation) is considered Document Abuse and will result in a fine.
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Copyright © 2009 Tracker Corp
Acceptable Documents for Form I-9
Don’t ask for more documents than you
need:
One from List A
- OR -One from List B
(containing photo)
+ One from List C
List A OR B AND C
Current Version: 08/07/09
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Examples:1
2
3
4
5
6
SS Card
Copyright © 2009 Tracker Corp
List A DocumentsEstablish Both Identity & Work
Authorization
U.S. Passport or U.S. Passport Card
Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
Foreign passport with a temporary I-551 stamp or temporaryI-551 printed notation on a machine-readable immigrant visa
Employment Authorization Document with a photograph (Form I-766 only.)
Foreign passport with an unexpired Arrival-Departure Record, Form I-94 or Form I-94A, 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
Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
* As of April 3, 2009, employers can no longer accept any expired documents
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Example
Example
Example
Example
Example
Example
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List B DocumentsEstablish Identity
Driver’s license or ID card issued by a state or outlying possession of the U.S. provided it contains a photograph or information such as name, date of birth, gender, height, eye color and addressID 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 addressSchool ID card with a photographVoter’s registration cardU.S. Military card or draft recordMilitary dependent’s ID cardU.S. Coast Guard Merchant Mariner CardNative American tribal documentDriver’s license issued by a Canadian government authority
For persons under age 18 who are unable to present a document listed above:School record or report cardClinic, doctor or hospital recordDay-care or nursery school record
* As of April 3, 2009, all identity documents must be unexpired
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List C DocumentsEstablish Work Authorization
U.S. Social Security Card (referred to as Social Security Account Number Card), other than one that specifies on the face of the document that it does not authorize employment in the United States.
Certification of Birth Abroad issued by the Department of State (Form FS-545)
Certification of Report of Birth issued by the Department of State (Form DS-1350)
Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the U.S. bearing an official seal
Native American tribal document
U.S. Citizen ID Card (Form I-197)
ID card for use of Resident Citizen in the U.S. (Form I-179)
Employment Authorization Document issued by DHS (other than those listed under List A) 12
Example
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Section 1 Common ErrorsEmployee Information and Verification
4
2
3
1
13
Employee did not:1. Sign the document2. Enter the date signed (not DOB)3. Attest by choosing of the four boxes and provide applicable number and expiration date (if required)4. Enter date of birth and Social Security Number* (if available)
Copyright © 2009 Tracker Corp
The last two of the four boxes:
Section 1 Common Errors (continued)
12
14
3
1. Alien # (A#): ________________This is the number on the Permanent Resident Card or Employment Authorization Document Card (EAD).
2. Admission # : This is the number on the I-94.
3. Alien authorized to work (Alien # from EAD or Admission # from I-94 card) until ____/____/_____ expiration date of work authorization .Make sure the employee signs and dates the Form I-9. If not signed, employer assumes liability for false statements in Section 1.
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Section 2 Common ErrorsEmployer Review and Verification
California Drivers LicenseState of California
C3665577
08/22/08
Goofball Systems, Inc. 5555 Snooze Lane, Menlo Park, CA 94035
Elmer Fuzz Electrical Engineer
1
2
3
4
1. List A OR Lists B and C not completed (or completed incorrectly – unacceptable documents or over documentation)
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2. Employer did not sign
3. Employer did not enter the employee’s start date
4. Employer did not enter the date the form was completed
Copyright © 2009 Tracker Corp
Section 2 Common Errors (continued)
California Drivers License
State of California
A3339977
9/22/10
Social Security cardSocial Security Admin
111-11-1111
The information in Section 2 was entered in the wrong columns. It should be either:• One document from List A
OR • One document each from List B AND List C. Most common errors:• Documents provided by the employee are not
original and/or unexpired• Missing or incomplete employer information• Form I-9 was not completed within three days of hire 16
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Penalties for ViolationsTechnical Errors (information recorded incorrectly or missing but available) – 10 days to correct before fined
Substantive Errors - $700-$900 per error depending on error and number of offenses
Penalties for record keeping violations range from up to $1,100 each for the “first offense” to $3,200 each person for a “pattern or practice” of violations. There could be criminal fines and imprisonment for knowingly hiring unauthorized workers.
Utah State University is in jeopardy of losing federal contracts if out of compliance with Department of Homeland Security regulations.
Random audits are being performed by Department of Homeland Security (DHS), Department of Labor (DOL) or Immigration and Customs Enforcement (ICE).
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Copyright © 2009 Tracker Corp
Understanding E-Verify
E-Verify is the federal government’s Internet-based system for US employers to verify the employment eligibility of new hires against DHS and SSA databases.
Employers (HR) electronically submit the same information entered on the I-9 Form.
The E-Verify system sends online confirmation or non-confirmation information to employers in response to queries submitted electronically.
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End of Presentation
Copyright © 2009 Tracker Corp
U.S. Passport and U.S. Passport Card
A U.S. Passport is a document issued by the State Department to persons who have established citizenship in the U.S. by birth, naturalization or derivation. Passports are very reliable documents that may be used within the U.S. to establish citizenship, identity and work authorization.
NOTE: There are several different versions of the U.S. passport that are currently valid and vary from the version illustrated at left.
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A U.S. Passport Card is a is a wallet-size card similar to the U.S. Passport, except that it can only be used for land and sea travel between the U.S. and Canada, Mexico, the Caribbean and Bermuda. The U.S. Department of State began producing the passport card in July 2008.
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Permanent Resident CardThe Permanent Resident Card, Form I-551, was introduced in January 1977 and phased in over a period of time. In addition to the photograph, the I-551 contains the bearer's signature and finger print. As with the older I-151 cards, this version I-551 generally does not contain an expiration date.
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Alien # - 9 digits
Document Expiration
Date
Document # - 3 Letters, 10 digits
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Unexpired Foreign Passport With Temporary I-551 Stamp
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VisaNumbe
rUpon endorsement serves as temporary I-551 evidencing
residence for 1 year
Note: Not all VISAs serve as temporary I-551 documents.
Must have annotation.
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Employment Authorization Document
22
Alien # - 9 digits
Document Expiration
Date
Document # - 3 Letters, 10 digits
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Unexpired Foreign Passport, Form I-94, and Work Authorization (cont. on next
slide)
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Or Admission Number
Type of VISA and expiration date
(we typically see D/S = Duration of
Status)
I-94 # - 11 digits
Next Slide
Copyright © 2009 Tracker Corp 24
Unexpired Foreign Passport, Form I-94, and Work Authorization (cont. from
prev. slide)
Form Type (I-20
or DS-2019)
Expiration Date
SEVIS/Document Number
IssuingAuthority
Form I-20 for F-1 VISA holders (students)
Form DS-2019 for J-1 VISA holders (non-
students)
Note: This information can be listed in List C
area
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Passport from the Federated States of Micronesia or the Republic of
Marshall Islands
25Back to List
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Social Security Card
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Acceptable for List C document – Unrestricted
Unacceptable for List C document –
Restricted
Issuing Authority (watermark)
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