East Carolina University I-9 Employment Eligibility Verification Process Training Department of Human Resources Updated July 2013 Welcome… The Department of Human Resources / Training & Staff Development Agenda/Outline Why do I need I-9 training? Is this mandatory? What is the I-9? The I-9 Process at ECU The I-9 Form Special Issues /I-9 Notes/FAQs Sample I-9 Forms /Practice/Closing Is this Mandatory? Department of Human Resources Office of the Assoc. Vice Chancellor The Department of Human Resources is tasked with the oversight, coordination and security of the I-9 process. State and Federal regulations require that the department implement and oversee a defined regulatory process for administering I-9’s. As a result the University and Department of Human Resources have mandated all personnel who are charged with the facilitation of I-9 forms and procedures shall attend and complete “the I-9 Process” training in addition to any subsequent update sessions. What is the I-9? Immigration Reform and Control Act of 1986 The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the employment eligibility of persons working in the United States who are: Citizens of the United States Nationals of the United States, or Aliens authorized to work in the United States The I-9 form is required for every new hire working in the U.S. after November 6, 1986, per Immigration Reform and Control Act (IRCA). **Do not assume retirees have an I-9 on file** The purpose of the I-9 is to verify both the identity and work authorization of ALL new employees and rehires. The I-9 Process System Personnel I-9 Department Verifier – person(s) tasked within university departments who are responsible for the collection, review and recording of new hire candidate I-9 documentation for remittance to Department of Human Resources. I-9 Department Verifier Backup – trained alternates that support and have ready access to the I-9 verification records as well as duties within university departments should the primary verifier be unable to complete the I-9 process for any reason. I-9 HR & SEO “E-Verify” System Verifier – Human Resources & Student Employment personnel trained in the “ E-Verify” personnel verification system with ready access to critical database and Homeland security information. E-Verify personnel are responsible for appropriate actions of refusal, confirmation, and liaison with both state and university officials. I-9 University Coordinator – Human Resources employee charged with the general oversight and coordination of the I-9 verification process, logistical procedures, training and record of all departmental verifier’s and back-ups. The coordinator in addition supervises the “E-Verify” system access and process for the university. Timely Submissions of I-9 The I-9 must be completed prior to or on the first day of work. It must then be routed (not thru interoffice mail) to HR immediately in order to be E-Verified before the federal deadline. A late I-9 is a violation of federal law which may result in temporary employee suspension from payroll, audits, fines/penalties, and even jail time based on the level/type of violations. All l-9’s submitted late, will need to be accompanied by a memo with an explanation for late submission. Repetitive errors will be tracked. Late = Employee did not sign on the first day and/or department did not complete, sign and deliver to HR by the end of the 3rd business day of employment . Process For Timely Completion NOTE: Section 1 must be HANDWRITTEN by the Employee. If there is ever a case where Section 1 is typed, even in part, then the Preparer and/or Translator Certification section must be completed. Note : Section 3 should only be completed at time of re-verification. Acceptable Documents for Verification of Employment LIST A: Establish Both Identity and Employment Authorization. Or LIST B: Establish Identity ONLY. Effective 1/1/2007, Dept. Homeland Security requires List B item to be a photo ID, if you participate in EVerify. And LIST C: Establish Employment Authorization ONLY. Beginning October 31, 2010, only Puerto Rico birth certificates issued on or after July 1, 2010 are valid. Please check www.uscis.gov for guidance on the validity of Puerto Rico birth certificates for Form I-9 purposes. Section 1- Employee Information 1) Employee enters full legal name and any other names used, if applicable. • If you have two last names (family names), include both. If you hyphenate your last name, include the hyphen (-) between the names. • If you have two first names (given names), include both. If you hyphenate your first name, include the hyphen (-) between the names. • Include your middle initial, if applicable. • Other names used may be a maiden name or any other legal name that the employee has been issued a social security card for. If this does not apply, the employee should write “N/A” in that field. 2) Employee enters current address, city, state, and zip code. • This cannot be a PO box. If the employee does not have an apartment number, they must write “N/A” in that field 3) Employee enters his or her date of birth, Social Security number, email address and phone number. • The email address and phone number fields are optional. If the employee does not wish to provide this information, they may write “N/A” in those fields. Section 1- Employee Attestation 1. Employee reads warning and attests to his or her citizenship or immigration status by checking the appropriate box and filling in any applicable information. 2. Employee signs and dates the form.** Section 1- Preparer and/or Translator Certification 1) If the employee uses a preparer or translator to fill out the form, that person must certify that he or she assisted the employee by completing the Preparer and/or Translator Certification block. 2) If a preparer or translator completed Section 1, the employee is still required to sign and date the section in their own handwriting. Section 2 – Document Review - First, fill in the employees name as reflected in Section 1. - Print the form double sided! Section 2 – Document Review Verifier records document title(s), issuing authority, document number, and the expiration date from original documents supplied by employee. Section 2 – Certification 1)Verifier enters date employment (personnel) began. (If verifier is ECU employee) 2)Verifier attests to examining the documents provided by completing the signature block. If a designated agent or notary public completes this section, he or she must provide the employer’s name and address under his or her signature. A notary does not need to record the date employment began. The department will complete that section. 3)The date signed by ECU or Third party agent (notary) will be handwritten. Re-verification Updates due to expiring work authorization documents: Employee Responsibility: 1. 2. Present current/new actual documents to you upon receipt of updated documents. Employees whose immigration status, employment authorization, or employment authorization documents expire should file the necessary application or petition sufficiently in advance to ensure that they maintain continuous employment authorization or valid employment authorization documents. If specific renewal guidelines are not met, they may have to be terminated until the appropriate documentation is satisfied. Your Responsibility: 1. 2. 3. 4. On new I-9 form record banner number in top left, note “UPDATE” in top right Record only employee’s name in section 1 (The employee does not fill this out or sign) In section 3, record the document title, number, and expiration date (if any) of the document(s) the employee presents. You will Sign and date Section 3 and deliver the Updated I-9 with copy of documents to HR Rehires Employee Responsibility: 1. Present current and acceptable documents as they would if they were a new hire 2. Complete form I-9 without error as they would if they are a new hire Your Responsibility: 1. 2. On new I-9 form record banner number in top left, note “REHIRE” in top right Complete section 2 as Employer without error as you would a new hire and deliver to HR Do not reverify the following documents: An expired U.S. passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card (Form I-551), or a List B document that has expired. U.S. citizens and noncitizen nationals never need reverification. Acceptable Receipts When the employee provides an acceptable receipt, record the document title in Section 2 of Form I-9 and write the word “receipt” and its document number in the “Document #” space. When the employee presents the actual document, cross out the word “receipt” and any accompanying document number, insert the number from the actual document presented, and initial and date the change. A receipt indicating that an individual has applied for an initial Employment Authorization Document. (Form I-766) or for an extension of an expiring Employment Authorization Document (Form I-766) is NOT acceptable proof of employment authorization on Form I-9. Receipts are never acceptable if employment lasts fewer than three business days. Acceptable Receipts 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 90 days from date of hire or, for reverification, the date employment authorization expires The arrival portion of the Form I-94 or I-94A containing a Temporary I-551 stamp and photograph Lawful Permanent Residents A receipt fulfills the verification requirements of the document for which the receipt was issued (can be List A, List B, or List C) Employment authorization and identity (List A) Until the expiration date of the Temporary I-551 stamp or, if no expiration date, one 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 The actual document for which the receipt was issued Foreign Nationals – H-1B An acceptable combination of List A documents for Form I-9 include: unexpired foreign passport, Form I-94/I-94A or H-1B Approval Notice. The Verifier should record in Section 2 (or Section 3 if reverifying) under List A the exchange visitor’s: Unexpired foreign passport number, issuing authority, and passport expiration date, 11-digit Form I-94/I-94A number and its expiration date (including duration of status, which is indicated on the card as “D/S”). Note: If the employee presents this combination of documents when completing Form I-9, ensure that he or she enters his or her admission number from Form I-94/ I-94A in Section 1. Updated I-94 Admission Record Individuals can visit www.cbp.gov/I94 to retrieve a copy of their electronic Form I-94.e a copy of H-1B – Document Samples I-94 Foreign passport Updated I-94 H-1B Approval Notice Foreign Nationals – J-1 USCIS does not issue Employment Authorization Documents (Forms I-766) to J-1 exchange visitors. An acceptable combination of List A documents for Form I-9 include: unexpired foreign passport, Form I-94/I-94A and Form DS-2019. The Verifier should record in Section 2 (or Section 3 if re-verifying) under List A the exchange visitor’s: • Unexpired foreign passport number, issuing authority, and passport expiration date, • 11-digit Form I-94/I-94A number and its expiration date (including duration of status, which is indicated on the card as “D/S”), and the • Form DS-2019 number (SEVIS number) and expiration date of employment authorization listed on the form. Note: If the employee presents this combination of documents when completing Form I-9, ensure that he or she enters his or her admission number from Form I-94/ I-94A in Section 1. J-1 – Document Samples Foreign passport Older I-94 Admission Record or the newer Electronic I-94 (See Previous Slide for newer version of I-94) DS 2019 Foreign Nationals – F-1 I-20 The following documents establish the student’s identity and employment authorization for Form I-9 purposes and should be recorded in Section 2 under List A of Form I-9: • The student’s foreign passport; • Form I-20 with the designated school official’s endorsement for employment on page 3; and • A valid Form I-94/I-94A indicating FForeign passport 1 nonimmigrant status. Verifiers should ensure the student Older Version or the updated I94 (See previous slide for updated version) enters his or her admission number from Form I-94/I-94A in Section 1. Lawful Permanent Residents Employees who attest to being a lawful permanent resident in Section 1 of Form I-9 may choose to present a valid Form I-551, Permanent Resident Card, for Section 2 (or Section 3, if applicable). A lawful permanent resident is not required to do so, however, and instead may choose to present a List B and List C document combination, e.g., state-issued driver’s license and unrestricted Social Security card. Permanent Resident Cards with either an expiration date or no expiration date are List A documents that should not be re-verified. PRC - Older Version Current PRC / Green Card Social Security Card Requirements Social Security Cards must be signed. Not acceptable if it says “Not Valid for Employment” If presented with a social security card marked “Not Valid for Employment”, you should ask the employee to provide another document to establish his or her employment authorization, since such Social Security cards do not establish this and are not acceptable documents for Form I-9. Such an employee should go to the local SSA office with proof of his or her lawful employment status to be issued a Social Security card without employment restrictions. Not acceptable by itself if it says “Valid for work only with INS/DHS authorization” on its face. Not acceptable if it says on the back “This card is invalid if laminated” and the card has been laminated. Notary Guide GENERAL PROCESS GUIDES I-9 Requirements The I-9 must be completed prior to or on the first day of work. It must be routed to HR immediately in order to be E-verified by the 3rd date of employment. The Verifier, is responsible for reviewing and ensuring that your employee fully and properly completes Section 1. If a third party (notary) completes the form. The department contact is responsible for reviewing and ensuring that the employee and notary fully completed Sections 1 and 2 before sending to HR. We may not specify which documents are acceptable. Expired documents are no longer acceptable for Form I-9. However, you may accept Employment Authorization Documents (I-766) and Permanent Resident Cards (Form I-551) that appear to be expired on their face, but have been extended under the limited circumstances. I-9 Requirements Never use white out on the document. The I-9 will be returned to the department for this. It is best to complete I-9 while employee is there. It may be necessary for the employee to complete multiple forms until the I-9 is correct. If there is something that needs to be corrected, call HR for instructions. Highlighting, denoting or marking on the form to indicate information you want the employee to complete is strictly prohibited. Employees must present original documents. Faxed or scanned documents are not accepted. The only exception is that an employee may present a certified copy of a birth certificate. Make sure all document copies (List A, B, & C pictures and text) are clear. I-9 Requirements If section 1 is typed, the person who completed section 1 MUST complete the Preparer and/or Translator Certification area of section 1. Completing section 1 by hand is the standard practice and expectation with limited exceptions. Signatures and dates must be handwritten and authentic. If employees provide receipts; write “receipt” in the document title in Section 2; once the original document is provided the I-9 will need to be updated. Incomplete or incorrect I-9 forms will not be acceptable and will potentially delay the hiring process. A late I-9 is a violation of federal law which may result in temporary employee suspension from payroll and be very costly to the University. Any I-9 not signed on or before the 1st day of employment and received in HR after the 3rd day will require a memo stating why and in some I-9 FAQ’s What is the start date that I place on the I-9? Personnel and Current Hire date on EPAF. This rule applies to all employees, SPA, EPA, student worker, and graduate assistants. I have several current employees I want to re-check I-9’s on is this possible? No. I-9’s cannot be used as a re-verification tool, it is illegal and is strictly prohibited. Are Passports and Visa’s the same? VISA documentation and US Passports are not the same document. Please ensure that you do not input the VISA identification in the US Passport category. They are not interchangeable. Do I need to complete an I-9 if someone is moving from student employment to fulltime / or from one University Department to another? No. Once an I-9 is completed regardless of employment category an additional I-9 does not have to be processed even if that individual changes status or transfers within the Agency. It the responsibility of the hiring department to notify Student Employment and/or HR that the student is moving to a Faculty/Staff position. May I accept a photocopy of a document presented by an employee? No. Employees must present original documents. The only exception is that an employee may present a certified copy of a birth certificate ECU: Best Practices • Print I-9 form front and back to avoid losing any pages • Review Section 1 thoroughly before the employee leaves your office. If there are errors, have them fill out a new form • Before sending the completed I-9 to HR, write the employees Banner ID in the top left corner, and their employee group in the right top corner Reminders: • PO Boxes are not acceptable in Section 1 • Every box in the employee information part of Section 1 should be populated. Email and telephone number fields are optional. • Remember to write the employees name at the top of Section 2 Try IT! I-9 Completion exercise Section 1 Info: Employee Name: Test V Specimen Address: 123 Main Street – Greenville, NC 27858 Email: test@gmail.com Phone: 252-555-5555 SSN: 111-11-1111 Section 2 Info: Start Date: 5/6/2013 Issuing Authority: USCIS Other Info: Banner #: B00011111 Employee Group: EPA Use expiration date of 8/21/2013 instead Document Number Section 1 - Did the employee fill in each field in Section 1? Did they write “N/A” in the “Other Names Used” and “Apt. Number” fields? - Did they fill out the attestation section and write their USCIS # beside their lawful permanent resident selection? - Did the employee sign and date at the bottom of Section 1? Section 2 - Did the Section 2 verifier write the employee’s name at the beginning of Section 2? Is the name written in the correct order (last, first, middle initial)? - Is the documentation written in the correct list (List A) and documented correctly? - Did the Section 2 verifier fill in the employee’s first day of employment in the Certification section? - Did the Section 2 verifier write the employee’s Banner # and Employee Group on page 1? I-9 CONTACTS East Carolina University Back-up for University I-9 Coordinator Tracy Skinner and Carrie Paige I9@ecu.edu 328-9995 Department of Human Resources University I-9 Coordinator Stacy Dail I9@ecu.edu Department of Human Resources 328-9995 I-9 Student Employment Office – “E-Verifier”/Coordinator (Student) Student Employment Jane Rahm hireapirate@ecu.edu 737-4473 Reference Page ECU I-9 Resources http://www.ecu.edu/cs-admin/HumanResources/I-9_Resources.cfm USCIS Handbook for Employers http://www.uscis.gov/files/form/m-274.pdf USCIS I-9 form http://www.uscis.gov/files/form/i-9.pdf Acceptable Documentation Matrix http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac8924 3c6a7543f6d1a/?vgnextoid=31d51a48b9a2e210VgnVCM100000082ca6 0aRCRD&vgnextchannel=31d51a48b9a2e210VgnVCM100000082ca60 aRCRD