Office of Human Resources
Authorization to Complete I-9 Forms
Human Resource Information System (HRIS)
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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.
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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.
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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.
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Why Authorization?
Submitting a late or incorrect Form I-9 to Human Resources may cause
these problems:
• It may affect the individual’s 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 department’s or ASU's fault (mistakes) it can delay when
the new employee receives their first check.
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Form I-9
Section 1
Employee Information
and Verification
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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.
(cont’d.)
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Section 1
• Please review and ensure the employee has filled in all the
required information completely. Review the information and
compare it to the employee’s 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.
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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 ___/__/____
(Cont’d)
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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.
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Section 1
A.
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.
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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.
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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.
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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).
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Section 1
D.
For the line titled “An alien authorized to work until”:
The 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.
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Form I-9
Section 2
Lists of Acceptable Documents
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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.
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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.
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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).
(Cont’d.)
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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
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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.
(Cont’d.)
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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)
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Section 2
C.
If any area is not filled out correctly the document will be returned
to the Authorized Representative who signed in Section Two.
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Section 2
Items in list A include:
1.
U.S. Passport (unexpired)
2.
Permanent Resident Card
or Alien Registration
Receipt Card (Form I-551)
3.
An unexpired foreign
passport with a temporary
I-551 stamp
(Cont’d.)
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Section 2
4.
An unexpired Employment
Authorization Document that
contains a photograph
(Form I-766, I-688, I-688A, I688B)
5.
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.
(Cont’d.)
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Section 2
Items in list B include:
1.
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
(Cont’d.)
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Section 2
Items in list B include:
2.
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
3.
School ID card with a
photograph
(Cont’d.)
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Section 2
4.
Voter's registration card
5.
U.S. Military card or draft
record
6.
Military dependent's ID card
(Cont’d.)
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Section 2
7.
U.S. Coast Guard Merchant
Mariner Card
8.
Native American tribal
document
9.
Driver's license issued by a
Canadian government
authority
(Cont’d.)
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Section 2
For persons under age 18 who are
unable to present a document
listed above:
10. School record or report card
11. Clinic, doctor or hospital
record
12. Day-care or nursery school
record
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Section 2
Items in list C include:
1.
U.S. Social Security card
issued by the Social Security
Administration (other than a
card stating it is not valid for
employment)
2.
Certification of Birth Abroad
issued by the Department of
State (Form FS-545 or Form
DS-1350)
(Cont’d.)
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Section 2
3.
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.
(Cont’d.)
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Section 2
4.
Native American tribal
document
5.
U.S. Citizen ID Card (Form I197)
6.
ID Card for use of Resident
Citizen in the United States
(Form I-179)
(Cont’d.)
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Section 2
7.
Unexpired employment
authorization document
issued by Department of
Homeland Security (other
than those listed under List
A)
8.
Employment authorization
document issued by the
Department of Homeland
Security.
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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.
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Section 2
The Authorized Representative must use the precise address for the
Business Organization.
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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.
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Form I-9
Section 3
Updating and Reverification
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Section 3
This area is to be completed when the employer needs to update
and/or re-verify the Form
I-9. For instance:
•
•
•
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Change in name (update)
Extension of Visa work permit (reverify)
Switched Visa type (reverify)
Section 3
During the updating, what will happen if any area is not filled out
correctly?
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Section 3
Answer: The document will be returned to the Authorized Representative
who signed in Section Three.
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Authorization Process
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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 you’ve completed this training, send an
email to:
I-9@asu.edu and your immediate supervisor.
You and your supervisor will be notified via email to
confirm your authorization.
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Questions and Answers
About the Minor Revisions
To Form I-9
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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.
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Note the Form I-9 is also available on ASU’s Human Resources Forms
page at:
http://www.asu.ed/hr/forms/I-9
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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.
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Question 3
Can I accept documents that used to be on the Form I-9 but aren’t 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.
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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.
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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 employer’s records.
Employees may also use or ask for a translator/preparer to assist them in
completing the form.
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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.
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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).
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In reference to Question 7:
What is the regulation for use of the Form I-9?
A.
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.
B.
The Office of Human Resources is responsible for the storage and
tracking of I-9's to be compliant with Federal Law.
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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.
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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.
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Resource Links
Handbook for Employers, Instructions for Completing the Form I-9
http://www.uscis.gov/files/nativedocuments/m-274.pdf
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/IamanemployercompleteformI9.pdf
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Ongoing Help
Job Aids and guides are available at:
http://www.asu.edu/oasis/support/JobAids.html
For 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.
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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
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