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Office of Human ResourcesAuthorization to Complete I-9 Forms

Human Resource Information System (HRIS)

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Facts

U.S. Citizenship and Immigration Services has issued a revised I-9 Form, Employment Eligibility Verification to comply with the Illegal Immigration Reform and Immigrant Responsibility Act of 1997 (IIRIRA).

The Act mandates the number of documents that employers may accept from new hires as eligibility verification be reduced.

This form has been updated to comply with the 1997 regulation that revised the List of Acceptable Documents.

The date this becomes effective has been extended to 12/26/07.

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Facts

The due date/deadline for submitting a Form I-9 for new employees is within 72 hours/3 days from the employees’ first day of work.

It is recommended that this form be submitted by the first day of work to avoid possible delays.

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Facts

To insure that ASU adheres to this new mandate, Human Resources at ASU now requires that all staff who are responsible for submitting I-9 forms be authorized.

To become authorized you simply need to complete this 30 minute course and answer a few test questions at the end.

A PDF document of the Form I-9 is available for your reference in the Resource area of this course.

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Why Authorization?

Submitting a late or incorrect Form I-9 to Human Resources may cause these problems:

• It may affect the individual’s start date. The new employee has 72 hours from their start date to complete and turn in the I-9. If it is late their start date is affected, which could delay their first pay check.

• If it is the department’s or ASU's fault (mistakes) it can delay when the new employee receives their first check.

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Form I-9

Section 1Employee Information

and Verification

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Section 1

• Although the employee is responsible for completing section 1, we, as the employer, are responsible for ensuring that it is accurately and completely filled out prior to the employee leaving our desk.

• Please review and ensure the employee has filled in all the required information completely. Review the information and compare it to the employee’s documents. Verify that the name is the same as it appears on the passport and that the date of birth is entered correctly. The name and date of birth is also noted on both the passport and the Form I-94. Check both.

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Section 1

• Pay special attention to the “attestation box” and ensure that the employee marks one of the choices and fully completes the required information.

• Foreign Nationals will mark the third box “An alien authorized to work until ___/__/____

• (Alien # or Admission #)_____________• The work authorization date will be located on the employees work

authorization document which may be an I-20, DS-2019 or an H1B Form I 797 A. The alien # or admission # is the number located at the top of the From I-94 which is comprised of 11 numbers.

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Section 1

A. On the "Print Name" line the name should appear exactly as it appears on the employee's document in List A or List B of the List of Acceptable documents.

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Section 1

B. The Employee MUST complete the Attestation box to affirm their legal responsibility for the accuracy of the information and to protect ASU.

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Section 1

• A Lawful Permanent Resident is a person who has gone through the legal process to become a “Permanent Resident of the US”. They are eligible for employment as equally as a Citizen of the US.    

• A Lawful Permanent Resident will have a Driver License and regular Social Security card THAT DOES NOT INCLUDE “ for work purposes only’ printed on it  above the SSN. This individual CAN Use their DL and SSN to complete the form I-9 (List b & List C)  OR they can use their PRC Form I-551 (List A).

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Section 1

D. For the line titled “An alien authorized to work until”:The date is collected from the DS-2019 (J-1 Student or J-1 Researcher) or  the Form  I-20 ( F-1 Student), plus the number on the Form I-94.  

For the line titled “(Alien # or Admission #)” use I-94.

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Form I-9

Section 2Lists of Acceptable Documents

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Section 2 – List A

List A affirms BOTH Identify and Eligibility

List B affirms Identity ONLY

List C affirms Eligibility ONLY

You cannot use the same document for both Lists B and C.

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Section 2

Employers must record:• Document title;• Issuing authority;• Document number;• Expiration date, if any; and• The date employment begins.

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Section 2

• Section 2, List A of the Form I-9 provides space for you to record the document number and expiration date for both the unexpired Foreign Passport and the attached INS Form I-94. These documents establish both identity and employment eligibility. However, this does not indicate they are eligible to work at ASU, just that they are eligible to work in the US. There are other specific documents which indicate they are eligible to work at ASU (i.e., I-20, DS-2019 or an H1B Form I 797 A).

• Examine the documents and fill in the document title, issuing authority, number, and expiration date in the appropriate spaces provided

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Section 2

The unexpired Foreign Passport will:• Have a Form I-94 attached to it bearing the same name as the passport and

an employment authorization stamp, so long as the period of endorsement has not yet expired, and the proposed employment is not in conflict with any restrictions or limitations identified on the Form I-94.

or• Contain an unexpired stamp which reads “Processed for I-551. Temporary

Evidence of Lawful Admission for permanent residence. Valid until ___/__/____ Employment authorized.” (Note: this is less commonly seen, but still acceptable)

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Section 2

C. If any area is not filled out correctly the document will be returned to the Authorized Representative who signed in Section Two.

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Section 2 – List A

Items in list A include:

1. U.S. Passport (unexpired or expired)

2. Permanent Resident Card or Alien Registration Receipt Card (Form I-551)

3. An unexpired foreign passport with a temporary I-551 stamp

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Section 2 – List A

4. An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I-688B)

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.

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Section 2 – List B

Items in list B include:

1. Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address

2. ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address

3. School ID card with a photograph

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Section 2 – List B

4. Voter's registration card

5. U.S. Military card or draft record

6. Military dependent's ID card

7. U.S. Coast Guard Merchant Mariner Card

8. Native American tribal document

9. Driver's license issued by a Canadian government authority

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Section 2 – List B

For persons under age 18 who are unable to present a document listed above:

10. School record or report card

11. Clinic, doctor or hospital record

12. Day-care or nursery school record

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Section 2 – List C

Items in list C include:

1. U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment)

2. Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)

3. Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal.

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Section 2 – List C

4. Native American tribal document

5. U.S. Citizen ID Card (Form I-197)

6. ID Card for use of Resident Citizen in the United States (Form I-179)

7. Unexpired employment authorization document issued by Department of Homeland Security (other than those listed under List A)

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Section 2

Note: A Payroll representative fills out the date in the CERTIFICATON statement.

This date must be within 72 hours of the Date of Hire, otherwise the Date of Hire is adjusted and may affect Benefit eligibility.

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Section 2

The Authorized Representative must use the precise address for the Business Organization.

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Section 2

Question: What will happen if any area is not filled out correctly?

Answer: The document will be returned to the Authorized Representative who signed in Section Two.

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Form I-9

Section 3Updating and Reverification

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Section 3

This area is to be completed when the employer needs to update and/or reverify the Form I-9. For instance:

• Change in name (update)• Extension of Visa work permit

(reverify)• Switched Visa type (reverify)

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Section 3

During the updating, what will happen if any area is not filled out correctly?

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Section 3

Answer: The document will be returned to the Authorized Representative who signed in Section Three.

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Authorization Process

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Authorization Process

To complete this online training to be authorized as a person who completes Form I-9, you must score 100% on the test, which the Office of Human Resources (OHR) will confirm.

To notify OHR that you’ve completed this training, send an email to:

I-9@asu.edu and your immediate supervisor.

You and your supervisor will be notified via email to confirm your authorization.

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Questions and Answers

About the Minor RevisionsTo Form I-9

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Questions and Answers

Question 1

Q. Where can I get the new Form I-9 (Rev. 06-05-07)N and the Employer Handbook (M-274)?

A. Both Form I-9 and the Employer Handbook are available as downloadable PDFs at www.uscis.gov Employers without computer access can order USCIS forms by calling our toll-free number at 1-800-870-3676. Individuals can also request USCIS forms and information on immigration laws, regulations, and procedures by calling the national Customer Service Center toll-free at 1-800-375-5283.

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Note the Form I-9 is also available on ASU’s Human Resources Forms page at:

http://www.asu.ed/hr/forms/I-9

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Question 2Q. What is the difference between the revised Form I-9 and the old one?

A. Instructions regarding Section 1 of Form I-9 now indicate that the employee is not obliged to provide the Social Security Number in Section 1 of Form I-9, unless he or she is employed by an employer who participates in E-Verify. The section on Photocopying and Retaining Form I-9 now includes information about electronically signing and retaining I-9 forms.

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Question 3

Q. Can I accept documents that used to be on the Form I-9 but aren’t now?

A. No. Employers may only accept documents listed on the List of Acceptable Document on Form I-9. When re-verifying employees, employers should ensure that they use the new Form I-9 with its updated list of acceptable documents.

NOTE: The ORIGINAL documents must be used to collect this information. ASU CANNOT accept photocopies.

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Question 4Q. Are there any changes in the way the new Form I-9 is completed?

A. No. The updated form should be completed exactly the same way as the old one was. The only difference is the types of documents that employers may accept in Section 2.

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Question 5Q. Is the Form I-9 available in different languages?A. The form I-9 is available in English and Spanish. However, only employers in

Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and keep it in the employer’s records. Employees may also use or ask for a translator/preparer to assist them in completing the form.

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Question 6Q. What versions of Form I-9 are valid for use?

A. As of November 7, 2007, the form I-9 with a revision date of June 5, 2007 is the only version of the form that is valid for use. The revision date is printed on the lower right corner of the form and states “(Rev. 06-05-07)N”. All previous versions of Form I-9, in English or Spanish, are no longer valid. The 1988 version of Form I-9 in Spanish expired in 1991.

Always note that the correct revision date of 06-05-07 is on the lower right corner of any form you work with.

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Question 7Q. When should employers begin using the version of Form I-9 marked

with a revision date of “(Rev. 06-05-07)N”?

A. Employers must use the amended Form I-9 (Rev. 06/05/07)N for all individuals hired on or after November 7, 2007. However, DHS recognizes that employers should be afforded a period of time to transition to the amended Form I-9. DHS will publish a Notice the Federal Register announcing that is will not seek penalties against an employer for using a previous version of the Form I-9 during a 30 day transition period that begins on date of publication of the Notice. After the transition period, employers who fail to use Form I-9 (Rev. 06/05/07)N may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).

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In reference to Question 7:

Q. What is the regulation for use of the Form I-9?

A. The form will be kept by the employer and made available for inspection by officials of U.S. Immigration and Customs Enforcement, Department of Labor and Office of Special Counsel for Immigration Related Unfair Employment Practices.

B. The Office of Human Resources is responsible for the storage and tracking of I-9's to be compliant with Federal Law.

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Question 8Q. Do I need to complete the new version of Form I-9 for all my employees

or just the new hires as of December 24th, 2007?

A. Employers only need to complete the new version of Form I-9 (Rev. 06/05/07)N for new employees. Employers do not need to complete new forms for existing employees. However, employers must use the Form I-9 (Rev. 06/05/07)N when their employees require re-verification.

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Question 9Q. What is a common problem the Office of Human Resources finds when

processing Form I-9s?

A. A common problem is finding forms that are not signed or dated!

Even if the Form I-9 is certified via a notary, it must still be signed. The Department is still responsible for this signature.

Date of Hire should not be completed by the Authorized Representative. This will be completed by a Human Resources representative in Payroll.

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Resource Links

Handbook for Employers, Instructions for Completing the Form I-9http://www.uscis.gov/files/nativedocuments/m-274.pdf

The Form I-9 Process In A Nutshell http://www.uscis.gov/files/article/EIB102.pdf

I-9 Document in Reviewhttp://www.uscis.gov/files/article/OBL_103.pdf

I Am an Employer. . . How Do I. . .http://www.uscis.gov/files/article/IamanemployercompleteformI9.pdf

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Ongoing Help

Job Aids and guides are available at: http://www.asu.edu/oasis/support/JobAids.html

For immediate technical help with this course, submit a CRM (Customer Relationship Management) ticket at:https://www.asu.edu/go/support/

Select University Technology Office for the organization, Type in a summary and description of your problem.

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Thank you!

Thank you for your interest in complying with the laws and regulations regarding how to correctly complete and submit the Form I-9.

Your expertise in serving the ASU Community is much appreciated.

Please continue to the Pre-test section of this training.

End of Presentation