welcome to the new i-9 form
DESCRIPTION
USCIS updated the I-9 Employment Verification Form on March 8, 2013 and all employers will be required to use the new form starting May 7, 2013. AlphaStaff is here to help! On this webinar we’ll review the I-9 basics and the most common mistakes made in the I-9 process; and how to properly make corrections on the I-9 form. Presented by AlphaStaff VP of Employment Relations, Carrie Cherveny, Esq.TRANSCRIPT
2013 Webinar Series
Form I‐9: Back to Basics and Changesg
Thursday, April 4, 2013 Presented by Norm BakerClient Relations DirectorClient Relations DirectorAlphaStaff
800 Corporate Drive, Ste 600 Ft. Lauderdale, FL 33334 | 888.335.9545 Toll‐Free | alphastaff.com
Legal Foundation of I‐9’s
Immigration Reform and Control Act of 1986 (IRCA)1986 (IRCA)
• Individual who is not a U.S. citizen or U.S. permanent resident (green card holder) cannot visit or reside in the U.S. without permission.
– Individual cannot work in the U.S. without permission.• Employer is required to complete Form I-9 for all new
hires.• Employer cannot specify which documents must be
provided• Typical documentation shown by the new hire is a driver’s
license and social security card. Next frequent is Passport• Who is eligible to work in the U.S.:
– U.S. Citizens– Permanent Residents (Green card holders)– Other aliens with time-limited work authorization
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Form I‐9: IntroductionForm I‐9: Introduction• Purpose: to verify an employee’s:
– Identity and Employment eligibility (to work in the U.S.)– Contains 3 Sections. Now 2 pages (instead of 1 page)
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Form I‐9: IntroductionForm I‐9: Introduction• Purpose: to verify an employee’s:
– Identity– Identity– Employment eligibility (to
work in the U.S.)The I 9 contains three sections:• The I-9 contains three sections:– Section 1: Employee
Information and Verification
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Form I‐9: IntroductionForm I‐9: Introduction• Purpose: to verify an employee’s:
– Identity– Identity– Employment eligibility (to
work in the U.S.)The I 9 contains three sections:• The I-9 contains three sections:– Section 1: Employee
Information and Verification– Section 2: Employer Review
and Verification
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Form I‐9: IntroductionForm I‐9: Introduction• Purpose: to verify an employee’s:
– Identity– Identity– Employment eligibility (to
work in the U.S.)The I 9 contains three sections:• The I-9 contains three sections:– Section 1: Employee
Information and Verification– Section 2: Employer Review
and Verification– Section 3: Updating and
fReverification
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Form I‐9: Introduction (cont.)( )
• I-9 obligations are triggered on hiring; not interviewing.
– Hiring: An employee has been “hired” as of their actual commencement of employment.commencement of employment.
– The first date of employment is the employee’s “date of hire.”
– Employers can ask applicants if they are eligible to work in the U.S. or include this question on their employment applicationemployment application.
Do not use I-9s to screen applicants
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pp
Section 1: Employee Information and Verification • Must be completed by the employee on or
before their date of hire. The employee must:
– Enter full name as it appears on the social security card or List A document,card or List A document,
– Note “Maiden Name” has been changed to “Other”
– Enter address and date of birth;
Enter Social Security Number (SSN)1;– Enter Social Security Number (SSN)1;
– Enter Email and Telephone # - Optional (NA)
– Check one of the four employment eligibility boxes
If permanent resident (3rd Box) provide a Alien– If permanent resident, (3rd Box) provide a AlienRegistration Number
– If authorized to work until certain date (4th Box) provide date of expiration, then provide Alien Registration # OR I-94 # 1 Social Security Numbers (SSNs) are NOT required unless
– CBP issued admissions provide Foreign Passport # and Country of Issuance
– Sign and date the form. If an employee refuses to sign, the employer should not proceed to Section 2, and may not continue to employ the individual
the employer is participating in E-Verify.
The must review Section 1 to l ti
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, y p y
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ensure proper completion.
Section 1: Employee Information and Verification
• Form Rules
– The employee may not leave any– The employee may not leave any blank spaces (ex: for “Middle Initial” or “Maiden Name”). For items that do not apply, the employee should insert a dash (“ N/A”).
– Ensure all ‘address’ fields have been completed (including state, zip code).
– DO NOT request documentation to if i f ti id d iverify any information provided in
Section 1 (ex: utility bills).
– Do not enter any information in Section 1 for the employee, unless p y ,the employee requires ‘Preparer/Translator’ assistance (see next slide).
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Section 1: Employee Information and VerificationSection 1: Employee Information and Verification
• If the employee requires either translation or preparation assistance (physically entering information in Section 1), the individual providing
i l h ‘P d/ T l C ifi i ’assistance must complete the ‘Preparer and/or Translator Certification’ information underneath the employee information area.
Note the new clarification that informs the employee and preparer to STOP andi h l l h d i
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instructs the employer to complete the next page and section
Section 2: Employer Review and Verification
• Must be completed by the employeron or before the 3rd day of employment (the date of hire is day one).)
• Employee CANNOT remain employed if I-9 not fully and correctly completed by Day 3
• To complete this section, the employee must present documents that verify his/her identity and employment eligibilityemployment eligibility.
• The employer will review the documents and record the relevant information from eachinformation from each.
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Section 2: Employer Review and Verification –Important Changes
• Section 2 explicit instructions for the employer
• Inclusion of the employee’s name in Section 2;
Important Changes
• Specifically labeled lines for document information
• Revised “Certification” controls for certifying individual:
• that may know that an employee is not legal but was able to produce documents
• no sticking heads in the sand• makes clear that the certifying individual inspected
th d t t b i d t ththe documents, appear to be genuine and to the “best of my knowledge” is authorized to work in the US
• Separate section for date of hire rather than included in the Certification paragraphincluded in the Certification paragraph
• controls for common mistake of leaving blank
• Reorganized Certification section – note the signature and date sections have been moved t th t f th b
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to the top of the box
Section 2: Employer Review and Verification (cont.)
• The employee must provide p y peither:– ONE document from List ;
OR
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Section 2: Employer Review and Verification (cont.)
• The employee must provide p y peither:– ONE document from List A;
ORTWO other documents (ONE– TWO other documents (ONEfrom List and ONE from List ).
• Lists A, B and C are shown on page 9 of the I-9:
• Over-documentation is asOver documentation is as serious as under-documentation
Remember – no expired documents
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Section 2: Employer Review and Verification (cont.)
• Sample List A Documents:p1. U.S. Passport (current and old)
Current Old
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Section 2: Employer Review and Verification (cont.)
• Sample List A Documents:p2. U.S. Passport Card
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Section 2: Employer Review and Verification (cont.)
• Sample List A Documents:3. Permanent Resident Card (old
and current)
CurrentOld
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Section 2: Employer Review and Verification (cont.)
• Sample List A Documents:p4. Employment Authorization
Document (Form I-766)
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Section 3: Updating and Reverification
• The employer completes Section 3 only if:y y1. the employee’s work authorization expires (must be completed on
or before the expiration date listed in Section 1); 2. or the employee is rehired
• Special Documentation Rules for Recertification:• the employee must provide new documentation of their employment
eligibility, either: ONE document from List A or ONE document from List C.
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Section 3: Updating and Reverification (cont.)
• The employer reviews the document (same criteria as Section 2) and y ( )records:– New name (if applicable)– Date of rehire (if applicable)– Document title, number and expiration dateDocument title, number and expiration date
• The employer then signs, dates and prints employer rep’s name in Section 3, copies the document and attaches to the I-9.
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Making Corrections to the Form I‐9
JSSmith Joe Joseph
JS1/5/2013
10 Main St. Margate FL 33063
954 111 1111
• The employee may make technical corrections ONLY in Section 1, provided that
6/15/1975 5 5 5 5 5 5 5 5 5 [email protected] 954-111-1111
provided that…
• The incorrect information is crossed out (in red ink)
Th t i f ti d d (i d i k) d• The correct information recorded (in red ink), and
• The change is initialed and dated (in red ink) as of the change.
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Making Corrections on Form I‐9
• ONLY the employer may make technical corrections inmake technical corrections in Section 2, as follows:
• The incorrect information is crossed out (in red ink)
U.S. Passport
U.S. Dept. of State
123456789crossed out (in red ink),
• The correct information is recorded (in red ink), and
123456789
1/10/2015 1/10/2020MJ1/5/2013
• The change is initialed and dated (in red ink), as of the change.g
1/3/2013
1/3/2013
Jones Mary Jones’ Women’s Health, LLC
Office Manager
Boca Raton FL 33433111 NE 5th St.
Mary Jones
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Additional Resources
• M-274, Handbook for Employershttp://www. uscis.gov/files/nativedocuments/m-274.pdfp g p
• The I-9 Process in a Nutshellhttp://www.uscis.gov/files/article/EIB102.pdf
• General Information About the Form I-9http://www.uscis.gov/files/article/EIB101.pdf
• I-9 Document Reviewhttp://www.uscis.gov/files/article/OBL_103.pdf
• Penalties for Prohibited Practiceshttp://www.uscis.gov/files/article/EIB111a.pdf
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Contact Us !• .
Copies of the presentation h @ l h [email protected]‐335‐9545 (Option 8)
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U i Al h St ff W biUpcoming AlphaStaff Webinar
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Conclusion
Questions?Questions?
Thoughts?
Napping?
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Thank you for your participation!
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