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Form I-9 Completion Training. Why Is An I-9 Form Required?. The form I-9 is required by the federal government to verify employment eligibility. The form I-9 is distributed by the U.S. Citizenship and Immigration Services (USCIS). There are significant penalties for non compliance.
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Why Is An I-9 Form Required? • The form I-9 is required by the federal government to verify employment eligibility. • The form I-9 is distributed by the U.S. Citizenship and Immigration Services (USCIS). • There are significant penalties for non compliance. • An employer can be fined between $250 - $11,000 per violation • An employer can also be fined between $110 - $1,000 for each Form I-9 violation. • Individuals who submit false or forged documents or knowingly and falsely complete the Form I-9 may be fined or imprisoned for up to 5 years.
Who Does Not Complete a Form I-9? Employees transferring from one distinct unit of an employer to another distinct unit of the same employer. Employees returning from temporary layoff for lack of work. Independent Contractors. Volunteers (Unless they are receiving payment (other than monetary) such as for food or lodging, etc.)
When is a Form I-9 Completed? Section 1 Completed by the employee by the first day of employment. Section 2 Completed by the employer using the appropriate forms by the third day of employment. Section 3 Completed by the Office of Human Resources in the event of a break in service or re-verification of temporary documents.
Where is a Form I-9 Completed? Civil Service Completed in the Office of Human Resourcesin Room 3210 Rendleman Hall, an appointment will be made at time of hiring. Faculty and Professional Staff Employees Contact the hiring department or the Office of Human Resources to make arrangements to complete the Form I-9. Graduate Assistants and Student Workers Completed within the respected hiring department.
Parts of the Form I-9Section 1 To be completed by the Employee no later than the first day of work
Section 1 • Line 1: The employee enters full legal name and maiden or other name, if applicable. • If the employee has two last names (family names), include both. If the employee hyphenates their last name, include the hyphen (-) between the names. • If the employee has two first names (given names), include both. If the employee hyphenates their first name, include the hyphen (-) between the names. • The employee should include their middle initial, if applicable. • Line 2: The employee enters their current address, city, state and ZIP Code.
Section 1 • Line 3: The employee enters his or her date of birth. • Entering the Social Security Number, E-mail Address and Telephone Number on Line 3 is optional. • Line 4: The employee reads warning and attests to his or her citizenship or immigration status by checking the appropriate box and entering any required document numbers or expiration dates. • Line 5: The employee signs and dates the form. • Employees should sign and date in the box.
Section 1 The employee must check the Preparer and/or Translator Certification box (below the Employee signature line). 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.
Section 2 To be completed by the Employer no later than the third day of work
Section 2 • Line 1: Employer records document title from original documents supplied by employee. • Abbreviations can be used for commonly used documents such asDL for driver’s license and SS for Social Security. • Line 2: Employer records issuing authority from original documents supplied by employee.
Section 2 • Line 3: Employer records document number from original documents supplied by employee. • Line 4: Employer records the expiration date from original documents supplied by employee. • Some documents such as a Social Security Card do not have an expiration date.
Section 2 • Certification Block: Employer enters date employment began. • Signature Block: Employer attests to examining the documents provided by signing Form I-9. • Employer must also provides the employer’s name and address under his or her signature.
Type A Documents Documents that Establish Both Identity and Employment Authorization
Employment Authorization Document that contains a photograph(Form I-766) Issuing Authority Document Number Expiration Date
Form I-94 or Form I-94A Arrival/Departure Record Document Number Expiration Date
Form I-94 or Form I-94A Arrival/Departure Record cont. • Customs and Border Protection and sometimes USCIS issue arrival-departure records to nonimmigrants. • This document indicates the bearer’s immigration status, the date that the status was granted, and when the status expires. • The immigration status notation within the stamp on the card varies according to the status granted, e.g., L-1, F-1, J-1.
Form I-94 or Form I-94A Arrival/Departure Record cont. • The Form I-94 has a handwritten date and status, and the Form I-94A has a computer-generated date and status. • Both may be presented with documents that Form I-9 specifies are valid only when Form I-94 or Form I-94A also is presented. • Examples are Form DS-2019, or Form I-20.
Form I-94 or Form I-94A Arrival/Departure Record cont. Expiration Date Example Form I-797 for H-1B Visa
Example of Completed Section 2 For H-1B holder
Passport from the Federated States of Micronesia and the Republic of the Marshall Islands • A Form I-94 or Form I-94A must also be presented.
Type B Documents Documents that Establish Identity
State Issued Drivers’ License Document Number Expiration Date
State ID Card Document Number Expiration Date
School ID Card with Photograph Issuing Authority Document Number
Voter’s Registration Card Issuing Authority Expiration Date Document Number
Native American Tribal Document • In order to be acceptable, a Native American tribal document should be issued by a tribe recognized by the U.S. federal government. • Because federal recognition of tribes can change over time, to determine if the tribe is federally recognized, please check with Office of Human Resources.
Type C Documents Documents that Establish Employment Authorization
Certification of Birth Abroad issued by the Department of State(Form FS-545) Issuing Authority
Certification of Report of Birth issued by the Department of State(Form DS-1350)
Original or Certified Copy of Birth Certificate Bearing a Raised Official Seal Beginning October 31, 2010, only Puerto Rico birth certificates issued on or after July 1, 2010 are valid. Please check with the Office of Human Resources for guidance on the validity of Puerto Rico birth certificates for Form I-9 purposes.
Native American Tribal Document • In order to be acceptable, a Native American tribal document should be issued by a tribe recognized by the U.S. federal government. • Because federal recognition of tribes can change over time, to determine if the tribe is federally recognized, please check with the Office of Human Resources.
U.S. Citizen ID Card(Form I-197) • Form I-197 was issued by the former Immigration and Naturalization Service (INS) to naturalized U.S. citizens. • Although this card is no longer issued, it is valid indefinitely.
Identification Card for Use of Resident Citizen in the United States(Form I-179) Form I-179 was issued by INS to U.S. citizens who are residents of the United States. Although this card is no longer issued, it is valid indefinitely.
Employment authorization document issued by the Department of Homeland Security This will be a document that clearly states authorization to work. This document will not have a photograph.
Submitting a Completed I-9 Maintaining security of employees personal information
Identity Protection Policy • Under SIUE’s new Identity Protection Policy, that is mandated by state law, mailing documents with social security numbers in intercampus mail is impermissible. • All completed I-9’s with a social security numbers must be hand delivered to the proper department.
Frequently Asked Questions When can a completed Form I-9 be delivered via campus mail? A Form I-9 that contains no social security numbers may be sent through intercampus mail. If the form contains a social security number, it must be hand-delivered to the Office of the Provost in a confidential manner. Can I use a blank Form I-9 that I have saved in my files? No, you must use a current version of the Form I-9. A current Form I-9 can be found at www.uscis.gov/i-9.
Frequently Asked Questions How do I correct a mistake on an employee’s Form I-9? Line through the portions of the form that contain incorrect information, then enter the correct information. Do not use white-out! Initial and date your correction. Can an employee leave any part of Section 1 on Form I-9 blank? Employees must complete every applicable field in Section 1 of Form I-9 with the exception of the fields requesting the employee’s Social Security Number, E-mail Address, and Telephone Number.
Frequently Asked Questions Why must we see employee documents? The law requires employees hired after November 6, 1986, to present documentation that establishes identity and employment authorization. Employers must record this information on the Form I-9. What if I do not see the documents? Hiring employees without complying with the employment eligibility verification requirements is a violation of federal law.
Frequently Asked Questions May I specify which documents I will accept for verification? No. The employee may choose which document(s) he or she wants to present from the Lists of Acceptable Documents. You must accept any document (from List A) or combination of documents (one from List B and one from List C) listed on Form I-9. Should I make copies of employment documents? SIUE does NOT photocopy documentation presented for completion of Section 2. Departmentsshould NOT keepa photocopy of a completed Form I-9.