Southern Illinois University Edwardsville Office of Human Resources

Southern Illinois University Edwardsville Office of Human Resources I-9 Training Prepared by HR-Nov 2006

I-9: Contents • • • Background and History When-Who-Why-How Section 1: Employee Information and Verification Section 2: Employer Review and Verification List A: Dual Purpose List B: Identity List C: Employment Eligibility Section 3: Updating and Re-verification Questions? Prepared by HR-Nov 2006

I-9: Background and History • Immigration Reform and Control Act of 1986 (IRCA) required all employers to verify the identity and employment eligibility of anyone hired after November 6, 1986. INS (Immigration and Naturalization Services) regulations require that an employee may not begin employment unless the I-9 form has been completed. If proper procedures are not followed, the employer can be subject to civil or criminal penalties. It is the departments representative’s responsibility to ensure that the form has been properly completed in a timely manner. • • • Immigration Act of 1990 Added provisions for anti-discrimination and document fraud. Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) Signed 9/30/96 required INS to reduce the # of acceptable documents by 9/30/97. Proposed a new verification form I-9 A. Interim rules released 9/30/97 as a stopgap measure to rule signed 9/30/96. Interim rules eliminated 4 documents from list A The interim rules are in place until INS decides on proposed regulations. Proposed regulations will reduce documents from lists B and C. A decision is still pending. • • • Prepared by HR-Nov 2006

I-9 When-Who-Why-How • When: Section 1 of the I-9 Form must be completed by the date of hire, in other words, the first day of paid work. Section 2 of the form must be completed within 3 business days of date of hire. • Who: An I-9 must be completed by all employees hired after 11/06/86. The employer is responsible for completion of I-9 s for all employees, regardless nationality or citizenship. • Why: I-9’s must be completed to comply with USCIS laws, otherwise, the employee will not be eligible for work • How: Employees must present original documentation (NOT PHOTOCOPIES-FACSIMILES OR SCANNED IMAGES) establishing identity and employment eligibility. These documents must be eligible for List A or B and C. Section 2 requires proper examination of the documentation presented by the employee. Prepared by HR-Nov 2006

I-9: Section 1 Employee information and verification • Employee is responsible for the completion of this section. Unless he/she requires a preparer or translator. In that case, the preparer must sign and date the form. • By 1 st. Day of employment. • No documentation needed. • Check, double check • All the blanks must be completed except for ……. . • Making errors on Section 1? -DO NOT USE WHITE OUT • Month/Day/Year Prepared by HR-Nov 2006

I-9: Section 1 Prepared by HR-Nov 2006

I-9: Section 2 -Employer Review and Verification • • • Most important section. Don’t use white out on the form!. If you make a mistake, cross out the error, date it and initial it. All corrections must be made by SIUE Representative Ensure that document, issuing authority and document # is recorded on the right lines. NO photocopies, facsimiles, or scanned documents, ONLY ORIGINALS. Due by the 3 rd. Date of hire. Generally section 1 and 2 are completed at the same time. Identity and employment eligibility List A-Dual Purpose column List B- Identity List C- Employment Eligibility Mixture of forms when hiring NRA. Prepared by HR-Nov 2006

Prepared by HR-Nov 2006

I-9: Section 2 Employer Review and Verification Prepared by HR-Nov 2006

Section 2: List A • U. S. Passport. Expired OK! • Unexpired Foreign Passport (with I-551 Stamp or attached I -94). • Form I-766 (EAD Employment Authorization Document. Not Listed on the back of the form, but acceptable! • Temporary Resident Alien Card (I-688. ) Unexpired. • Alien Registration Card (Resident Alien Card I-551) Various versions. • Permanent Resident Card I-551. Not subject to reverification. • 2 Y Vs. 10 Y. • Employment authorization Card (I-688 A/B) Prepared by HR-Nov 2006

Prepared by HR-Nov 2006

I-9: Employment Authorization Documents Prepared by HR-Nov 2006

Prepared by HR-Nov 2006

Section 2 -List B • • • Driver’s License ID Card School ID Card with photograph Voter’s registration card U. S Military card, draft record, Military dependent’s card, U. S Coast Guard Merchant Mariner Card • Native American Tribal Document • Under 18 Years old: School record or report card, doctor or hospital record Prepared by HR-Nov 2006

Section 2 - List C • • • U. S Social Security number (valid for employment) Birth Certificate issued by US authority (including FS 545 and DS-1350) Native American Tribal document US Citizen ID Card ID card for use of Resident Citizen in the US (I-179) Unexpired employment authorization document issued by DHS (other than List A): I-20 accompanied by a Form I-94 endorse with employment authorization by the designated school official for off-campus employment or curricular Optimal Practical Training (OPT). Applies for people with F-1 Visas DS-2019 Accompanied by a form I-94. Specifying the sponsor and issued by a sponsor authorized by the US Department of State. Applies to J-1 Exchange visitors. Prepared by HR-Nov 2006

I-9: Section 3 - When is it used? • Expiration of Work Authorization (Block C) a) Must be completed before the document expires b) Passport expiration-No need for completion c) Permanent Resident Card-No need for completion d) Receipts showing that the employee has applied are not acceptable e) Complete a new form if work authorization has expired Prepared by HR-Nov 2006

I-9: Section 3 - When is it used? • Also used when rehiring within 3 years a)Check if employee’s name has changed b)Include date of rehire c)Complete employment eligibility section if applies Prepared by HR-Nov 2006

I-9: Various Issues • Discrimination: a) Making copies of documents b) Specifying certain documents c) Filing different documents based on nationalities, origin, ethnic groups • Retention of the form • Fines: $ 100 to $ 1000 for each employee hired for improperly completed or not completed. Prepared by HR-Nov 2006

I-9 Questions • Do I need to complete a I-9 for everyone applying for a job at the University? • If someone accepts a job with my department and he/she starts working in a month from now, can I complete the I-9 when the person accepts the job? • What should be done if the person I hired is unable to provide the required documents within 3 business days of the date of employment begins? Can be terminated? • May I accept an expired document? • May I accept a photocopy of a document? • May I accept a Canadian driver’s license or a Mexican Driver’s license as part of Section 2 List B? • Can I accept a SSC that has been laminated? Prepared by HR-Nov 2006

I-9: Questions • Should I make copies of the documentation provided by the employee? • Is my department the final repository of the I-9’s? • Do I need a new I-9 for someone promoted to a different position or transferred to a different department? Prepared by HR-Nov 2006

I-9: Retention Rule The I-9 must be retained for 3 years from the date of hire or 1 year from the date the employee is terminated, whichever is later applies. Rule only applies for people no longer employed. Prepared by HR-Nov 2006