COMPLYING WITH THE EMPLOYMENT
ELIGIBILITY VERIFICATION FORM I-9
What’s the I-9?
Helps employers verify
employment eligibility
 March 2003: DHS dismantled
INS and created 3 branches:
USCIS, ICE and CBP
 USCIS enforces IRCA
(Immigration Reform and Control
Act):

Prohibits discrimination in the basis
of national origin or citizenship
 Establishes penalties for hiring
illegal aliens

E-Verify
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Created by USCIS and SSA
Automated electronic employment eligibility
verification system
Uses DHS and SSA databases
No-match letters
8
days to clear up discrepancy
 Termination of employment
Requirements for Employers
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Verify employment eligibility and identity of all
employees hired to work in the United States
I-9 must be completed for every new employee,
within 3 (business) days of 1st day of work
Store I-9s for 3 years after hire date, or 1 year
after employment termination, whichever is later
Inspections
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Notify your Regional Director and HR immediately
72 hours notice
Failure to provide I-9s for inspection, refusing or
delaying inspections are violations of the law
What happens if we don’t comply with
Employment Verification rules?

Civil penalties:
 Up
to $11,000 for knowingly hiring or continuing to employ
illegal aliens
 Failure to complete or retain I-9s: $110 - $1,100
 Document Abuse: $110 - $1,100
 Unlawful Discrimination: $275 - $11,000

Criminal penalties: Fines and imprisonment
 Pattern
of knowingly hiring illegal aliens
Updates to the Form I-9
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All documents presented must be unexpired
Changes to Lists of Acceptable Documents
Newest version: Rev. 08/07/09

Rev. 02/02/09 also accepted
Important Notices
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Read instructions before completing the form
Provide all 5 pages to employee
Anti-Discrimination Notice
Section 1
Employee Information and Verification
Lists of Acceptable Documents
 All documents must be unexpired
 Documents must reasonably appear to be genuine
and relate to the individual
• Don’t over scrutinize
List B documents must bear a photograph
 Only accept originals
• Except Birth Certificate – Certified copy ok
Receipts

Acceptable Receipts:
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Replacement document must be presented within 90 days of
hire date
Unacceptable Receipts:
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Receipt for replacement of any lost, stolen or damaged List A, B
or C documents
Receipt of application for initial employment authorization
document
Receipt of application for extension of expiring employment
authorization document
Receipts are never acceptable if employment lasts less than 3
business days.
Call Human Resources when in doubt
Section 2
Employer Review and Verification
Individuals with disabilities
Section 3
Updating and Reverification
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No later than expiration date on Section 1
Do not specify document (s)
Never re-verify:
 U.S.
Passport
 Alien Registration Receipt Card
 Permanent Resident Card
 Any identity document from List B
 For a name change
Section 3
Updating and Reverification (cont.)
Common Errors
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Using expired forms
Incomplete information
“Over documentation”
Correct information but on wrong spaces
Accepting expired documents
Failing to re-verify expired employment
authorization
Inaccurate dates
Not completing I-9 within 3 days
Common Errors – Sample 1
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Incorrect lists
Incomplete information
Common Errors – Sample 2
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Info on List B and List C not necessary
Wrong lists and incomplete
Common Errors – Sample 3
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Expired List B document
Incomplete information on List C
Correcting and re-doing I-9s
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Small errors: cross out, initial and date
Attach a Correction Memo (see sample)
Always keep the original and attach it to the
corrected one with the memo
No need to see document (s) again unless original
was incomplete
Never use “white-out” or blacken out information
with a marker
Company Requirements
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All current employees must have a complete and
correct I-9 on file
I-9 must be completed on the 1st day
All paperwork sent to Payroll within 24 hrs
File I-9s alphabetically
Separate binder - “I-9s”
I-9 binder must be locked at all times
Retain copy of employee’s document(s)
CO Law - Affirmation of Legal Work Status Form
Payroll will return incorrect/incomplete I-9s
Thank you!
Carla Grillo
Human Resources Manager
carla.grillo@phoenixchildrensacademy.com
480-455-3195