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The Real Deal on Form
I-9
www.uscis.gov/I-9Central
Dave Basham
Today’s Presenters
2
Dave Basham
Management & Program
Analyst
U.S. Citizenship and Immigration Services
Form I-9 Snagajob
Tim Dillon
Director of Workforce
Management Solutions
Snagajob
09/28/16
Agenda
▪  Completing Form I-9
▪  Storage and Retention
▪  Resources
Form I-9 Snagajob 09/28/16 3
Office of Special Counsel (OSC)
The anti-discrimination provisions of the INA are enforced by:
Department of Justice
Civil Rights Division
Office of Special Counsel for
Immigration Related Unfair Employment Practices
▪  Employees may contact the Office of Special Counsel (OSC) to obtain additional information
regarding employment discrimination and employee rights and responsibilities*
1-800-255-7688 (TDD: 1-800-616-5525)
▪  Employers may also contact OSC*
1-800-255-8155 (TDD: 1-800-362-2735)
*callers may remain anonymous
See OSC’s “Employer Dos and Don’ts.”
Form I-9 Snagajob 09/28/16 4
Poll Question #1
How does your company
currently complete Form I-9s?
5
Completing Form I-9
Form I-9 Snagajob 09/28/16 6
Form I-9 Requirements
All U.S. employers must have a Form I-9 on file for
all current employees.
Exception: Employers are not required to have Forms I-9 for
employees hired on or before November 6, 1986.
You may delegate the authority to complete Form I-9 to a
responsible agent, however, you will retain liability for any
errors.
Form I-9 Snagajob 09/28/16 7
List of Acceptable Documents
▪  Use MOST CURRENT Form I-9
VERSION, 03/08/13
▪  You must make the Lists of Acceptable
Documents available to your
EMPLOYEE when he or she is
completing the Form I-9
The EMPLOYEE MUST provide:
▪  One document from List A
OR
▪  One document from List B AND one
document from List C
Form I-9 Snagajob 09/28/16 8
Does a Green Card Need Signature?
▪  USCIS recently changed the appearance of
certain Permanent Resident Cards
(Form I-551), also known as a Green Card.
▪  An increasing number of green cards are
being issued with the words “Signature
Waived” in place of the Lawful Permanent
Resident’s actual signature.
▪  All employers should be aware of this recent
change in Green Cards when
examining acceptable documents presented
by workers during the Form I-9 process.
▪  Read the USCIS Web Alert for more
information
909/28/16Form I-9 Snagajob
Section 1: Employee Information
▪  To be completed by EMPLOYEE.
▪  Employer MUST verify Section 1 is COMPLETE.
Form I-9 Snagajob 09/28/16 10
Section 1: Employee Attestation
▪  The EMPLOYEE MUST select one of the four categories and sign and date
Section 1 of Form I-9.
▪  All employees must complete Section 1 no later than the first business day of
employment for pay.
Form I-9 Snagajob 09/28/16 11
Section 1: Preparer/Translator
Certification
▪  This certification is required when Section 1 is prepared by someone other than the
employee.
▪  By signing, the preparer is attesting that Section 1 is true and correct to the best of his or
her knowledge.
▪  Note that only the EMPLOYEE can sign the Section 1 Employee Signature Block.
Form I-9 Snagajob 09/28/16 12
Section 2: Employer Certification
of Document Review
Completing Section 2
▪  Completed by EMPLOYER.
▪  MUST be completed no later than 3
business days after the employee
begins work for pay.
▪  EMPLOYER MUST examine original
documents.
▪  Documents MUST be UNEXPIRED.
Form I-9 Snagajob 09/28/16 13
Section 2: Examining Documents
Genuineness and Photocopies
▪  You are not required to be a document expert
▪  You MUST accept a document presented by an employee if it
reasonably appears to be:
▪  Genuine; AND,
▪  Relates to the individual presenting it
▪  The document MUST be original* – photocopies are NOT
acceptable
*Exception: Certified copy of a birth certificate
Form I-9 Snagajob 09/28/16 14
Section 2: Receipt Rule
▪  Receipts may be used as temporary proof of employment eligibility when a List A, B
or C document has been lost, stolen or damaged.
▪  The receipt must be issued by the originating agency.
▪  The employee must present a replacement document within 90 days of the hire
date. EXCEPTIONS:
▪  The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a
photograph of the individual.
▪  The departure portion of the Form I-94/I-94A with a refugee admission
stamp
▪  A receipt indicating that an individual has applied for an initial employment
authorization document (Form I-766) or for a renewal of an expiring employment
authorization document (Form I-766) is NOT acceptable for Form I-9.
▪  Receipts are never acceptable if employment will last less than 3 business days.
Form I-9 Snagajob 09/28/16 15
Section 2: Copying Documents
You may choose to make copies of employee
documentation presented to you for Section 2.
▪  If you choose to photocopy documents, you must do so for
ALL employees, regardless of actual or perceived national
origin, immigration or citizenship status, or you may be in
violation of anti-discrimination laws.
Form I-9 Snagajob 09/28/16 16
Section 3: Reverification
▪  You MUST reverify an employee using Section 3 if his or her temporary
employment authorization has expired.
▪  You MAY also complete Section 3 if you:
▪  Rehire the EMPLOYEE within 3 years of the date of initial execution of the
Form I-9*
▪  Update the biographic information of an employee
* USCIS recommends completing a new Form I-9 for rehires
Form I-9 Snagajob 09/28/16 17
Section 3: When to Reverify
Do Not Reverify •  U.S. Passport or Passport Card
•  Permanent Resident Card (Form
I-551)
•  List B documents
Permanent Resident Reverification
Exceptions
•  Reverify only if employee presents a
Form I-94 with a temporary I-551
stamp, or
•  A foreign passport with a temporary
I-551 stamp (on a machine readable
immigrant visa (MRIV))
Usually Reverify •  When employment authorization
document (List A or C) has an
expiration date
Form I-9 Snagajob 09/28/16 18
Correcting Form I-9
Correcting Mistakes
If you discover a mistake on Form I-9, correct the existing form
OR prepare a new Form I-9:
▪  If you choose to correct the existing Form I-9, line out the incorrect portions, enter
the correct information, and initial and date the correction.
▪  If you do a new Form I-9, retain the old form. You should also attach a short memo
to both the new and old Forms I-9 stating the reason for your action.
Missing Forms
If you discover you are missing the Form I-9 for an employee:
▪  Immediately provide the employee with a Form I-9.
▪  Allow employee 3 business days to provide acceptable documents.
▪  DO NOT backdate the Form I-9.
Form I-9 Snagajob 09/28/16 19
Storage and Retention
Form I-9 Snagajob 09/28/16 20
Storage
▪  Form I-9 MUST be on file for all current employees.
▪  Store Forms I-9 securely in a way that meets your business
needs – on site, off-site, storage facility or electronically.
▪  Store Forms I-9 and document copies together.
▪  Ensure that only authorized personnel have access to stored
Forms I-9.
▪  Make Forms I-9 available within 3 days of an official request for
inspection.
Form I-9 Snagajob 09/28/16 21
Retention
Forms I-9 must be retained for:
3 years after the date you hire an employee
or
1 year after the date employment terminates, whichever is later.
Example:
John Smith was hired on November 1, 1993, and on July 5, 1994,
employment was terminated.
November 1, 1993 + 3 years = November 1, 1996
July 5, 1994 + 1 year = July 5, 1995
The retention date is November 1, 1996
Form I-9 Snagajob 09/28/16 22
Resources
Form I-9 Snagajob 09/28/16 23
I-9 Central
I-9 Central: www.uscis.gov/I-9Central I-9 Central Spanish: www.uscis.gov/i-9Central/Espanol
Form I-9 Snagajob 09/28/16 24
Form I-9 Multimedia Resources
▪  Section 1 Vignette
▪  Section 2 Vignette
▪  Section 3 Vignette
▪  I-9 Webinar on Demand
Form I-9 Snagajob 09/28/16 25
Customer Service
E-Verify received the highest rating for customer service of all federal
agencies.
(2013 American Customer Satisfaction Survey)
▪  Employer Hotline: (888) 464-4218
▪  Employee Hotline: (888) 897-7781
▪  Form I-9 E-Mail: I-9Central@dhs.gov
▪  E-Verify E-Mail: E-Verify@dhs.gov
▪  Form I-9 Website: www.uscis.gov/I-9Central
▪  E-Verify Website: www.dhs.gov/E-Verify
Form I-9 Snagajob 09/28/16 26
Disclaimer
Immigration law can be complex and it is not possible to
describe every aspect of the process.
This presentation provides basic information to help you
become generally familiar with rules and procedures.
For more information on the law and regulations please see
our Web site: www.dhs.gov/E-Verify.
Form I-9 Snagajob 09/28/16 27
Poll Question #2
How confident are you in your
company’s I-9 compliance
processes?
28
HRCI & SHRM
Today’s Webinar
New Form I-9: A Deep Dive
Date: Wednesday, Jan. 25 at 1pm ET
Save the Date
HRCI Activity ID: 291220

Recertification Credit Hours Awarded: 1

Specified Credit Hours: HR (General)
SHRM Activity ID: 16-10BK7

Professional Development Credits (PDCs): 1

Q&A
30
Dave Basham
Management & Program
Analyst
U.S. Citizenship and Immigration Services
Form I-9 Snagajob
Tim Dillon
Director of Workforce
Management Solutions
Snagajob
09/28/16

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The Real Deal on Form I-9: Breaking Down Proposed Changes, I-9 Myths & Insider Best Practices

  • 1. The Real Deal on Form I-9 www.uscis.gov/I-9Central Dave Basham
  • 2. Today’s Presenters 2 Dave Basham Management & Program Analyst U.S. Citizenship and Immigration Services Form I-9 Snagajob Tim Dillon Director of Workforce Management Solutions Snagajob 09/28/16
  • 3. Agenda ▪  Completing Form I-9 ▪  Storage and Retention ▪  Resources Form I-9 Snagajob 09/28/16 3
  • 4. Office of Special Counsel (OSC) The anti-discrimination provisions of the INA are enforced by: Department of Justice Civil Rights Division Office of Special Counsel for Immigration Related Unfair Employment Practices ▪  Employees may contact the Office of Special Counsel (OSC) to obtain additional information regarding employment discrimination and employee rights and responsibilities* 1-800-255-7688 (TDD: 1-800-616-5525) ▪  Employers may also contact OSC* 1-800-255-8155 (TDD: 1-800-362-2735) *callers may remain anonymous See OSC’s “Employer Dos and Don’ts.” Form I-9 Snagajob 09/28/16 4
  • 5. Poll Question #1 How does your company currently complete Form I-9s? 5
  • 6. Completing Form I-9 Form I-9 Snagajob 09/28/16 6
  • 7. Form I-9 Requirements All U.S. employers must have a Form I-9 on file for all current employees. Exception: Employers are not required to have Forms I-9 for employees hired on or before November 6, 1986. You may delegate the authority to complete Form I-9 to a responsible agent, however, you will retain liability for any errors. Form I-9 Snagajob 09/28/16 7
  • 8. List of Acceptable Documents ▪  Use MOST CURRENT Form I-9 VERSION, 03/08/13 ▪  You must make the Lists of Acceptable Documents available to your EMPLOYEE when he or she is completing the Form I-9 The EMPLOYEE MUST provide: ▪  One document from List A OR ▪  One document from List B AND one document from List C Form I-9 Snagajob 09/28/16 8
  • 9. Does a Green Card Need Signature? ▪  USCIS recently changed the appearance of certain Permanent Resident Cards (Form I-551), also known as a Green Card. ▪  An increasing number of green cards are being issued with the words “Signature Waived” in place of the Lawful Permanent Resident’s actual signature. ▪  All employers should be aware of this recent change in Green Cards when examining acceptable documents presented by workers during the Form I-9 process. ▪  Read the USCIS Web Alert for more information 909/28/16Form I-9 Snagajob
  • 10. Section 1: Employee Information ▪  To be completed by EMPLOYEE. ▪  Employer MUST verify Section 1 is COMPLETE. Form I-9 Snagajob 09/28/16 10
  • 11. Section 1: Employee Attestation ▪  The EMPLOYEE MUST select one of the four categories and sign and date Section 1 of Form I-9. ▪  All employees must complete Section 1 no later than the first business day of employment for pay. Form I-9 Snagajob 09/28/16 11
  • 12. Section 1: Preparer/Translator Certification ▪  This certification is required when Section 1 is prepared by someone other than the employee. ▪  By signing, the preparer is attesting that Section 1 is true and correct to the best of his or her knowledge. ▪  Note that only the EMPLOYEE can sign the Section 1 Employee Signature Block. Form I-9 Snagajob 09/28/16 12
  • 13. Section 2: Employer Certification of Document Review Completing Section 2 ▪  Completed by EMPLOYER. ▪  MUST be completed no later than 3 business days after the employee begins work for pay. ▪  EMPLOYER MUST examine original documents. ▪  Documents MUST be UNEXPIRED. Form I-9 Snagajob 09/28/16 13
  • 14. Section 2: Examining Documents Genuineness and Photocopies ▪  You are not required to be a document expert ▪  You MUST accept a document presented by an employee if it reasonably appears to be: ▪  Genuine; AND, ▪  Relates to the individual presenting it ▪  The document MUST be original* – photocopies are NOT acceptable *Exception: Certified copy of a birth certificate Form I-9 Snagajob 09/28/16 14
  • 15. Section 2: Receipt Rule ▪  Receipts may be used as temporary proof of employment eligibility when a List A, B or C document has been lost, stolen or damaged. ▪  The receipt must be issued by the originating agency. ▪  The employee must present a replacement document within 90 days of the hire date. EXCEPTIONS: ▪  The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual. ▪  The departure portion of the Form I-94/I-94A with a refugee admission stamp ▪  A receipt indicating that an individual has applied for an initial employment authorization document (Form I-766) or for a renewal of an expiring employment authorization document (Form I-766) is NOT acceptable for Form I-9. ▪  Receipts are never acceptable if employment will last less than 3 business days. Form I-9 Snagajob 09/28/16 15
  • 16. Section 2: Copying Documents You may choose to make copies of employee documentation presented to you for Section 2. ▪  If you choose to photocopy documents, you must do so for ALL employees, regardless of actual or perceived national origin, immigration or citizenship status, or you may be in violation of anti-discrimination laws. Form I-9 Snagajob 09/28/16 16
  • 17. Section 3: Reverification ▪  You MUST reverify an employee using Section 3 if his or her temporary employment authorization has expired. ▪  You MAY also complete Section 3 if you: ▪  Rehire the EMPLOYEE within 3 years of the date of initial execution of the Form I-9* ▪  Update the biographic information of an employee * USCIS recommends completing a new Form I-9 for rehires Form I-9 Snagajob 09/28/16 17
  • 18. Section 3: When to Reverify Do Not Reverify •  U.S. Passport or Passport Card •  Permanent Resident Card (Form I-551) •  List B documents Permanent Resident Reverification Exceptions •  Reverify only if employee presents a Form I-94 with a temporary I-551 stamp, or •  A foreign passport with a temporary I-551 stamp (on a machine readable immigrant visa (MRIV)) Usually Reverify •  When employment authorization document (List A or C) has an expiration date Form I-9 Snagajob 09/28/16 18
  • 19. Correcting Form I-9 Correcting Mistakes If you discover a mistake on Form I-9, correct the existing form OR prepare a new Form I-9: ▪  If you choose to correct the existing Form I-9, line out the incorrect portions, enter the correct information, and initial and date the correction. ▪  If you do a new Form I-9, retain the old form. You should also attach a short memo to both the new and old Forms I-9 stating the reason for your action. Missing Forms If you discover you are missing the Form I-9 for an employee: ▪  Immediately provide the employee with a Form I-9. ▪  Allow employee 3 business days to provide acceptable documents. ▪  DO NOT backdate the Form I-9. Form I-9 Snagajob 09/28/16 19
  • 20. Storage and Retention Form I-9 Snagajob 09/28/16 20
  • 21. Storage ▪  Form I-9 MUST be on file for all current employees. ▪  Store Forms I-9 securely in a way that meets your business needs – on site, off-site, storage facility or electronically. ▪  Store Forms I-9 and document copies together. ▪  Ensure that only authorized personnel have access to stored Forms I-9. ▪  Make Forms I-9 available within 3 days of an official request for inspection. Form I-9 Snagajob 09/28/16 21
  • 22. Retention Forms I-9 must be retained for: 3 years after the date you hire an employee or 1 year after the date employment terminates, whichever is later. Example: John Smith was hired on November 1, 1993, and on July 5, 1994, employment was terminated. November 1, 1993 + 3 years = November 1, 1996 July 5, 1994 + 1 year = July 5, 1995 The retention date is November 1, 1996 Form I-9 Snagajob 09/28/16 22
  • 24. I-9 Central I-9 Central: www.uscis.gov/I-9Central I-9 Central Spanish: www.uscis.gov/i-9Central/Espanol Form I-9 Snagajob 09/28/16 24
  • 25. Form I-9 Multimedia Resources ▪  Section 1 Vignette ▪  Section 2 Vignette ▪  Section 3 Vignette ▪  I-9 Webinar on Demand Form I-9 Snagajob 09/28/16 25
  • 26. Customer Service E-Verify received the highest rating for customer service of all federal agencies. (2013 American Customer Satisfaction Survey) ▪  Employer Hotline: (888) 464-4218 ▪  Employee Hotline: (888) 897-7781 ▪  Form I-9 E-Mail: I-9Central@dhs.gov ▪  E-Verify E-Mail: E-Verify@dhs.gov ▪  Form I-9 Website: www.uscis.gov/I-9Central ▪  E-Verify Website: www.dhs.gov/E-Verify Form I-9 Snagajob 09/28/16 26
  • 27. Disclaimer Immigration law can be complex and it is not possible to describe every aspect of the process. This presentation provides basic information to help you become generally familiar with rules and procedures. For more information on the law and regulations please see our Web site: www.dhs.gov/E-Verify. Form I-9 Snagajob 09/28/16 27
  • 28. Poll Question #2 How confident are you in your company’s I-9 compliance processes? 28
  • 29. HRCI & SHRM Today’s Webinar New Form I-9: A Deep Dive Date: Wednesday, Jan. 25 at 1pm ET Save the Date HRCI Activity ID: 291220
 Recertification Credit Hours Awarded: 1
 Specified Credit Hours: HR (General) SHRM Activity ID: 16-10BK7
 Professional Development Credits (PDCs): 1

  • 30. Q&A 30 Dave Basham Management & Program Analyst U.S. Citizenship and Immigration Services Form I-9 Snagajob Tim Dillon Director of Workforce Management Solutions Snagajob 09/28/16