Welcome to the New I-9 Form

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

2

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)

Simplifying business. Benefiting people. 3


– 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





Information and Verification– Section 2: Employer Review

and Verification





Information and Verification– Section 2: Employer Review

and Verification– Section 3: Updating and

fReverification


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


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

Simplifying business. Benefiting people.

, y p y

8

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).


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


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.


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


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



• 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



• Sample List A Documents:p1. U.S. Passport (current and old)

Current Old



• Sample List A Documents:p2. U.S. Passport Card



• Sample List A Documents:3. Permanent Resident Card (old

and current)

CurrentOld



• Sample List A Documents:p4. Employment Authorization

Document (Form I-766)


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.


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.


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.


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


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


Contact Us !• .

Copies of the presentation h @ l h [email protected]‐335‐9545 (Option 8)

Simplifying business. Benefiting people.

U i Al h St ff W biUpcoming AlphaStaff Webinar

Please mark your calendars !!!

Date: Thursday April 18, 2013Topic: Importance of Drug and BackgroundTopic: Importance of Drug and Background

Screening Date: Thursday, May 16, 2013

T i W k ' C Cl i R tiTopic: Worker's Comp. Claims Reporting

42

Conclusion

Questions?Questions?

Thoughts?

Napping?


Thank you for your participation!


Business

Welcome to the New I-9 Form