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.
1. 2013 Webinar Series
Form I‐9:
g
Back to Basics and Changes
Thursday, April 4, 2013
Presented by Norm Baker
Client Relations Director
Client Relations Director
AlphaStaff
800 Corporate Drive, Ste 600 Ft. Lauderdale, FL 33334 | 888.335.9545 Toll‐Free | alphastaff.com
2. Legal Foundation of I‐9’s
Immigration Reform and Control Act of
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
2
3. Form I‐9: Introduction
Form 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)
Simplifying business. Benefiting people. 3
4. Form I‐9: Introduction
Form I‐9: Introduction
• Purpose: to verify an employee’s:
– Identity
– Employment eligibility (to
work in the U.S.)
• The I 9 contains three sections:
I-9
– Section 1: Employee
Information and Verification
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5. Form I‐9: Introduction
Form I‐9: Introduction
• Purpose: to verify an employee’s:
– Identity
– Employment eligibility (to
work in the U.S.)
• The I 9 contains three sections:
I-9
– Section 1: Employee
Information and Verification
– Section 2: Employer Review
and Verification
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6. Form I‐9: Introduction
Form I‐9: Introduction
• Purpose: to verify an employee’s:
– Identity
– Employment eligibility (to
work in the U.S.)
• The I 9 contains three sections:
I-9
– Section 1: Employee
Information and Verification
– Section 2: Employer Review
and Verification
– Section 3: Updating and
Reverification
f
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7. 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.
– 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 application
application.
Do not use I-9s to screen applicants
pp
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8. 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,
– Note “Maiden Name” has been changed to “Other”
– Enter address and date of birth;
– 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
resident,
Registration 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 # the employer is participating in E-Verify.
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
, y p y
The must review Section 1 to
ensure proper completion.
l ti
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9. Section 1: Employee Information and Verification
• Form Rules
– 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
verify any information provided i
if i f ti id d 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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10. Section 1: Employee Information and Verification
Section 1: Employee Information and Verification
• If the employee requires either translation or preparation assistance
(physically entering information in Section 1), the individual providing
assistance must complete the ‘P
i l h ‘Preparer and/or T
d/ Translator C ifi i ’
l Certification’
information underneath the employee information area.
Note the new clarification that informs the employee and preparer to STOP and
instructs the employer to complete the next page and section
i h l l h d i
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11. Section 2: Employer Review and Verification
• Must be completed by the employer
on 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 eligibility
eligibility.
• The employer will review the
documents and record the relevant
information from each.
each
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12. Section 2: Employer Review and Verification –
Important Changes
Important Changes
• Section 2 explicit instructions for the employer
• Inclusion of the employee’s name in Section 2;
• 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
the d
th documents, appear to be genuine and to the
t t b i d t th
“best of my knowledge” is authorized to work in
the US
• Separate section for date of hire rather than
included in the Certification paragraph
• controls for common mistake of leaving blank
• Reorganized Certification section – note the
signature and date sections have been moved
to the t
t th top of the box
f th b
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12
14. Section 2: Employer Review and Verification (cont.)
• The employee must provide
p y p
either:
– ONE document from List A;
OR
– TWO other documents (ONE
from List and ONE from
List ).
• Lists A, B and C are shown on
page 9 of the I-9:
• Over-documentation is as
Over documentation
serious as under-documentation
Remember – no expired documents
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19. Section 3: Updating and Reverification
• The employer completes Section 3 only if:
y y
1. 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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20. 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 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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21. Making Corrections to the Form I‐9
JS
Smith Joe Joseph 1/5/2013
10 Main St. Margate FL 33063
6/15/1975 5 5 5 55 5 5 5 5 jsmith@aol.com 954-111-1111
954 111 1111
• The employee may make technical corrections ONLY in Section 1,
provided that
that…
• The incorrect information is crossed out (in red ink)
• The
Th correct i f
t information recorded (i red i k) and
ti d d (in d ink), d
• The change is initialed and dated (in red ink) as of the change.
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22. Making Corrections on Form I‐9
• ONLY the employer may
make technical corrections in
Section 2, as follows:
U.S. Passport
• The incorrect information is U.S. Dept. of State
crossed out (in red ink)
ink), 123456789
MJ
1/10/2015 1/10/2020 1/5/2013
• The correct information is
recorded (in red ink), and
• The change is initialed and
dated (in red ink), as of the
g
change.
1/3/2013
Mary Jones 1/3/2013 Office Manager
Jones Mary Jones’ Women’s Health, LLC
111 NE 5th St. Boca Raton FL 33433
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23. Additional Resources
• M-274, Handbook for Employers
http://www. uscis.gov/files/nativedocuments/m-274.pdf
p g p
• The I-9 Process in a Nutshell
http://www.uscis.gov/files/article/EIB102.pdf
• General Information About the Form I-9
http://www.uscis.gov/files/article/EIB101.pdf
• I-9 Document Review
http://www.uscis.gov/files/article/OBL_103.pdf
• Penalties for Prohibited Practices
http://www.uscis.gov/files/article/EIB111a.pdf
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24. Contact Us !
• .
Copies of the presentation
hrsc@alphstaff.com
h @ l h ff
888‐335‐9545 (Option 8)
Simplifying business. Benefiting people.
25. Upcoming AlphaStaff Webinar
U i Al h St ff W bi
Please mark your calendars !!!
Date: Thursday April 18, 2013
Topic: Importance of Drug and Background
Topic: Importance of Drug and Background
Screening
Date: Thursday, May 16, 2013
T i W k ' C Cl i R ti
Topic: Worker's Comp. Claims Reporting
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