1 / 33

Form I-9

Form I-9. Employment Eligibility Verification . I-9 Requirements. Must be completed/retained for every employee hired after November 6, 1986 Stiff penalties for employers who fail to comply

johana
Download Presentation

Form I-9

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Form I-9 Employment Eligibility Verification

  2. I-9 Requirements • Must be completed/retained for every employee hired after November 6, 1986 • Stiff penalties for employers who fail to comply • Employers can be fined from $100 - $3,500 for each I-9 that has invalid information, is not fully completed, or is incorrectly completed • Must use revised form (Rev. 02/02/09) and updated list of acceptable documents • I-9 form must have List of Acceptable Documents attached to it or copied on the back of the form

  3. I-9 Process - Hiring Using a PR-40 • Department completes PR-40 when decision to hire an individual is made • Department obtains all signatures before sending to Human Resources (HR) • When HR receives PR-40, hiring department is notified that a formal offer may be extended to the candidate

  4. I-9 Process - Hiring Using a PR-40 • Department sends prospective employee an offer letter and a blank I-9 • S/he is instructed to complete Section 1 of the I-9 and return on or before his/her first day of employment • Failure to do so before the first day of employment will result in adjustment of hire date

  5. I-9 Process - Hiring Using a PR-40 • New employee also instructed Section 2 of the I-9 must be completed within 3 days of hire date or else s/he will be terminated • S/he must provide original document(s) that establish identity and employment eligibility • New employee will not be approved to start work until HR receives I-9 with at least Section 1 completed • Department may not start anyone until approval to begin work is given by HR

  6. I-9 Process – Hiring by Spreadsheet (Adjunct Faculty) • Adjunct faculty hired on three (3) year appointments • Work on a semester-to-semester basis • Break in service between semester • Considered a rehire if works next semester • I-9 must be recertified each semester s/he works (HR will recertify) • If I-9 more than 3 years old, a new form must be completed

  7. I-9 Process – Hiring by Spreadsheet (Adjunct Faculty) • Office of Provost will send out blank I-9s including instructions and documentation list with each 3-year appointment letter • Employee must complete Section 1 and return on or before his/her first day of employment • S/he also instructed Section 2 of the I-9 must be completed within 3 days of hire date or else s/he will be terminated • S/he must provide original document(s) that establish identity and employment eligibility

  8. I-9 Process – Hiring by Spreadsheet (Adjunct Faculty) • Date of hire will be first day his/her class is in session if Section 1 of the I-9 is completed and received in HR prior to that date, if not, the date will be adjusted • HR will recertify I-9s on Adjuncts who are being rehired within 3 years of the latest I-9 on file

  9. I-9 Process – Best Practices • The best scenario for all employees is to fully complete (Sections 1 and 2) of the I-9 with all signatures and return to HR on or before the employee’s first day of work • Please remember that until the completed I-9 is received in HR, the PR-40 will not be processed and the employee will not be placed on the university’s payroll • If an employee’s first day (10th or 25th of the month) actually falls on a weekend, Section 1 of the I-9 must be completed the following Monday (actual first work day) • In Section 2 where date employment began is entered, put 10th or 25th but make a note on the form actual first day worked was that Monday; signature sections will be dated the actual date the form was completed • You no longer have to send copies of the IDs with the I-9 form • We still need a copy of the employee’s Social Security Card for Payroll purposes

  10. Completion of the I-9 FormSection 1 • Hiring department responsible for ensuring Section 1 is properly completed, signed and dated on the employee’s start date. • The employee must complete all blanks in Section 1 and attest to a status • Citizen or national of United States • Lawful permanent resident • Alien authorized to work

  11. Completion of the I-9 FormSection 1 • Employee must sign and date Section 1 • If employee needs assistance in completing Section 1, you may help him/her but you will need to fill out the Preparer/Translator Certification • If anything is left blank in Section 1 or it is not signed and dated, the form will be returned to the department

  12. Completion of the I-9 FormSection 2 – Non US Citizen • If the employee indicates in Section 1 that s/he is not a US Citizen, s/he must be immediately referred to RU’s Tax Compliance Manager to complete Section 2 of the I-9 • The Tax Compliance Manager will look at the employee’s original document(s) and if they are in order, will complete Section 2 and fax a copy to HR

  13. Completion of the I-9 FormSection 2 – Non US Citizen • Once HR receives faxed I-9 from the Tax Compliance Manager, approval will be given to the department that the employee may begin work and the PR-40 will be processed adding the employee to the university’s payroll

  14. Completion of the I-9 FormSection 2 – US Citizen • The hiring department may complete Section 2 if the employee is a US Citizen • Section 2 must be completed and delivered to HR by the close of business on the employee’s third day of work • Employee hired for less than 3 days must have his/her I-9 completed (Sections 1 and 2) by the end of his/her first day of employment • The hiring department also has the option to send the employee to HR for completion of Section 2 • Please remember that until the completed I-9 is received in HR, the PR-40 will not be processed and the employee will not be added to the university payroll

  15. Completion of the I-9 FormSection 2 – US Citizen • The employee must present the required documentation that establishes identity and employment eligibility at the time Section 2 of the I-9 is completed • A List of Acceptable Documents is printed on the back of the I-9 form • The employee may choose which document(s) s/he wishes to present from this list • The employer must accept any document or combination of documents which reasonably appear to be genuine and relate to the person presenting them • You cannot specify which documents you will accept

  16. Completion of the I-9 FormSection 2 – US Citizen • If employee presents documentation from List A, do not ask for additional documentation • If employee presents documentation under Lists B and C, ensure there is only one document examined from each list • All documents presented must be unexpired • In order for you to complete Section 2, you must examine the original documents • Do not accept copies or faxes of these documents

  17. Completion of the I-9 FormSection 2 – US Citizen • If the documents are unexpired and appear genuine, record document title, issuing authority, document number and expiration date (if any) in the corresponding sections under List A or B and C. • After examining documents, sign and print your name, title, department street address and date form. • Also include the date employment began • Leaving this date off is the most common error on I-9 forms and could result in a fine

  18. Completion of the I-9 FormSection 2 – US Citizen • When you sign in Section 2 you are “attesting, under penalty of perjury, that the above-listed document(s) appear to be genuine and to relate to the employee named” • Only the person who actually saw the original document(s) may sign Section 2

  19. Terminations • If an employee fails to complete Section 2 of the I-9 or provide proof of having applied for the documentation by the close of business on his/her 3rd day, s/he will be terminated • Department will be notified by HR that s/he will be unable to return for 4th day of work • Department will be required to complete a new PR-40 for a one-time pay indicating the number of hours worked or the total amount to pay the employee for the three days s/he worked (original PR-40 will be voided) • For Adjunct Faculty hired off a spreadsheet, HR will process a PR-21 to payroll indicating how to pay the individual.

  20. Terminations • HR will notify the hiring department and the employee of the employee’s termination verbally and in writing with a copy also being sent to the appropriate VP

  21. Alternate Documentation • An employee unable to produce an employment eligibility document may present a receipt for application of a replacement document. • The receipt authorizes employment for 90 days • Receipt must be presented before the close of business on his/her 3rd day of employment

  22. Alternate Documentation • If a new employee produces evidence that s/he has applied for a replacement document, send him/her immediately to HR along with the I-9 and the receipt (HR will handle these situations) • If the employee provides the replacement document within 90 days to HR, s/he will be allowed to continue working • If the employee does not provide the replacement document within 90 days to HR, s/he will be terminated

  23. Facsimiles/Copies • HR will not accept copies or faxes of completed I-9 forms • Original I-9 forms must be delivered to HR by the end of the employee’s third work day

  24. Processing the PR-40 with Completed I-9 • Once the I-9 is completed (Sections 1 and 2) and delivered to HR, the PR-40 is processed and sent to Payroll and Budget by HR • HR will notify the department that the PR-40 has been processed • HR will maintain the files for all I-9s

  25. Reverifying Employment Authorization • An employee authorized to work for a specific time period must have his/her employment eligibility reverified by HR or the Tax Compliance Manager before his/her employment eligibility has expired • HR or the Tax Compliance Manager will handle all I-9s for employees in this situation

  26. Rehired Employees • If an employee is rehired, HR must ensure s/he is still authorized to work • If the employee is rehired within 3 years of the date the I-9 was originally completed, s/he is still eligible to be employed on the same basis as previously indicated on the I-9 • A rehire who has an older version of the I-9 on file will have to complete a new form • All I-9 authorizations for rehires will be handled through HR • Once the I-9 is reverified, HR will contact the department that the PR-40 will be processed and the employee placed on payroll • The employee may not begin work until HR has contacted the department

  27. Duplicate I-9s • I-9s submitted by students to the Financial Aid Office under the work study/work scholarship program and/or the Graduate College through a graduate assistantship cannot be used if the student is employed through the university • A new I-9 must be completed and original documents must be presented that establish identity and employment eligibility

  28. Retention of I-9s • All I-9s will be maintained in HR according to the record and retention schedule of the Library of Virginia • I-9s must be retained for three years from the date of hire or for one year from the date employment ends • Departments should not keep copies of I-9s in their files

  29. Sample Completed I-9s • Section 1 sample – U S Citizen • Section 1 sample – Non U S Citizen • Section 1 sample – Preparer and/or Translator Certification • Section 2 sample – Passport (List A Document) • Section 2 sample – Driver’s License and Social Security Card (Lists B & C Documents) • How to correct errors on I-9s

  30. Common I-9 Errors That May Result in Fines • Use an updated I-9 form (older versions will be returned to departments) • Make sure the List of Acceptable Documents is attached to the form or copied on the back of the form • Have the employee complete Section 1 on or before his/her first day of employment • Complete Preparer/Translator certification if you enter any data in Section 1 • Make sure the citizenship block in Section 1 is completed

  31. Common I-9 Errors That May Result in Fines • Use only original documents to verify identity and employment eligibility • Do not accept Social Security Cards that have any wording other than the employee’s name on it (ex. “not valid for employment”) • Do not accept Social Security Cards that are laminated • Do not ask for more documents than are required • One from List A; or • One each from List B and C

  32. Common I-9 Errors That May Result in Fines • Be sure to enter the employment begin date in Section 2 • Be sure to enter document title, issuing authority, document number and expiration date (if any) in Section 2 • Be sure to enter your department’s street address in Section 2 • Do not back date • Do not use White-out, tape or erase any information on the form • Line through any errors, write in correct information, initial and date

  33. Questions ?????????????

More Related