Form I-9, Employment Eligibility Verification Facilitator: Nicole Zamary 474-2608 – nzamary@uwf.edu
What is an I-9? • Form completed by the employee and employer which verifies the employee’s: • Identity, and • Eligibility to work in the United States.
Why must we complete an I-9? • To comply with the Immigration and Control Act of 1986, employers are required to complete and maintain a Form I-9 on all employees hired after November 6, 1986 . • Anyone who works for pay or any other type of remuneration. • Required by the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS).
When do we complete an I-9?
Where do we find the I-9? • Download the Form I-9 directly from the HR website so you are sure you are using the latest revision. • Please do not make advance copies to keep at your desk. • Effective 9/18/17, employers must use the 07/17/2017 N version (expiration date of 8/31/19). • There are now two versions of the form: a smart pdf-fillable version and a paper version. Both versions must be printed and signed by hand. • Continue to Use the Current Form • Until further notice, employers should continue using the current available form, even after the expiration date of 8/31/19 has passed. • We will provide updated information about the new version of the form as it becomes available.
Form I-9 Content • Standalone Form with Separate Instructions • Instructions (15 Pages) • Form I-9 (3 pages) • List of Acceptable Documents (last page of form) • Give the employee all pages. • Contains three separate, distinct sections: • Section 1 – Employee Information and Attestation • Preparer and/or Translator Certification • Section 2 – Employer or Authorized Representative Review and Verification • Section 3 – Reverification and Rehires
Form I-9 – Page 1 • Section 1 – Employee to complete after acceptance of job offer and on or before the hire date. • ALL fields must be completed or put N/A. • Street address or directions required. • Social security number is required since UWF is an E-Verify employer. • Employee must check the box attesting to citizenship status and supply appropriate information. (Anything other than 1 or 3, STOP) • Make sure employee signs and dates form and check to make sure they did not accidently use their birth date. • The Preparer and/or Translator Certification section requires the employee to check a box.
Form I-9 – Page 2 • Section 2 – Employer to complete within 3 days of hire date. • Enter employee’s name from Section 1 at top of Section 2. • Indicate Citizenship Status with corresponding number from Section 1. • Verify original, unexpired documents: List A , OR o List B and List C o • Enter document title, issuing authority, document number and expiration date from original document(s) supplied by employee. • Complete first day of employment (should match the start date on the Personnel Action Sheet). • Attest to examining document(s) by signing and dating form. • Section 3 – For HR use only.
Section 2 – Employer Review and Verification • Can I accept/verify this document? • Is the employee present? • Is it on the List of Acceptable Documents? • Is it an original (no faxes or photocopies)? • Is it unexpired? • Does it appear to be genuine and relate to person in front of you? • If a List B document, does it contain a photo? • If a Social Security Card, does it contain any restrictive wording? • NOT VALID FOR EMPLOYMENT • VALID FOR WORK ONLY WITH INS AUTHORIZATION • VALID FOR WORK ONLY WITH DHS AUTHORIZATION • Receipts for lost, stolen, or damaged document from State or Federal Agency (good for 90 days from date of hire)
Section 2 – Employer Review and Verification • Online applications for a duplicate card do not provide official receipts. The email confirmation of online application does not suffice for the receipt requirement, per USCIS/DHS.
Section 2 – Employer Review and Verification • Social Security stubs are not acceptable List C documents. • Acceptable • Not Acceptable
Corrections • Proper way to correct form: • Draw through incorrect information with a single line (do not obliterate/conceal information or use correction fluid). • Enter the correct information. • Initial and date the change. • If late or white-out was used, attach a separate signed and dated explanation. • Note: Only the employee may make corrections to Section 1.
Avoid Discrimination • Treat everyone consistently. • Complete the form only after offer of employment. • Do not ask for specific documents. • Do not ask for or accept more documents than are required. • Copy only the documents verified and attach to the I-9. • Do not consider future expiration dates when determining whether a individual is qualified for a particular position.
List of Acceptable Documents Must have a photo due to E-Verify
International Students - F-1 or J-1 Visas Hiring Department: • Review the hiring process by visiting the J-1 and F-1 Student Employment Confluence business process page and submit the F-1 and J-1 Student Employment Form . • Send the new hire package to Human Resources noting that they are an international student (Human Resources will be completing the Form I-9) . Human Resources: • Once notified that an F-1 or J-1 student employee is being hired, HR will email the student, and copy the hiring department, to advise them that an appointment can be made to have their Form I-9 completed in our office. • Student will meet with HR and have their Form I-9 completed and we will then email the hiring department to confirm that the student is clear to begin employment. • Once everything has been received ( Personnel Action Form, new hire essential documents, Form I-9 ) we will process the new hire into our payroll system and the student will be able to view their timesheet in MyUWF. Important: Hiring Departments should never allow F-1 or J-1 students to work until confirmation of work authorization is received from Human Resources.
H1-B, Specialty Occupation Visa • Employer sponsored Visa for employees in specialty occupations such as scientists, engineers and computer programmers. • H-1B Petitions and H-1B Transfers are very time sensitive. • Employee should make an appointment to meet with Christine Dillard. • Bring their original documents: Foreign Passport, I-94, I-797, etc. • Employee may not start working until I-9 has been completed and documents verified.
Remote Hire Process • If a new hire will be working at a remote location and will not able to present their original documents to an on- campus UWF representative, then an Authorized Representative may complete the employer’s section (Section 2) of the Form I-9 on our behalf. • Hiring department should contact Human Resources with the New Hire’s zip code so we can provide a list of institutions which participate in the CUPA-HR I-9 Consortium. • These institutions agree to complete the I-9 on our behalf and return it to the New Hire to send to UWF. • Remote Hire Process instructions are available on the Human Resources website.
Why is all of this so important? • Inconvenience to the employee. • Will need to come to HR to make corrections. • Extra work for department and HR. • Follow-ups with departments and employees, interruptions in processing which may cause errors, etc • Potential processing delays. • Missing documents, incomplete forms, etc. • Compliance issues/potential fines. • Increased focus on immigration issues in the news today. • Establishment of new ICE Employment Compliance Inspection Center. • Increase in ICE audits, auditors and NOI’s (Notice of Intents).
Fines, Penalties, and Risks New Fine Structure for Penalties Assessed after April 5, 2019 • Employers who violate the law may be subject to: • civil fines and/or criminal penalties (when there is a pattern or practice of violations), • debarment from government contracts, • a court order requiring the payment of back pay to the individual discriminated against, • a court order requiring the employer to hire the individual discriminated against. • Civil Violations First Offense • Knowingly hired, or recruited, an unauthorized alien: $573 - $22,927 for each unauthorized alien • Failing to comply with Form I-9 requirements: $230 - $3,563 for each form • Paperwork Violations (including failing to properly complete, retain or make Form I-9s available for inspection, late I-9s, use of white-out, etc.) • Other Fines may Include: • Committing or participating in document fraud or abuse • Unlawful discrimination (i.e. overdocumentation) • Criminal Violations First Offense • Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens: up to $3,000 for each unauthorized alien and up to 6 months in prison for the entire pattern or practice.
Need I-9 Assistance? • Human Resources (Building 20E): • Carol Gentry, 474-2605 • Nicole Zamary, 474-2608 • Sheri Jernigan, 474-2884 • Kris Ledbetter, 474-2601 • Christine Dillard, 474-2508 • International Student Office (Building 71): • Jeanne de Simon, 474-2502 • USCIS Handbook for Employers • USCIS I-9 Central
Questions?
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