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DHS is proposing this process change become permanent. Congress agreed with the 9/11 Commission's recommendation and adopted it through the controversial REAL ID Act of 2005 [Pub. The payroll system you select is an important decision for your business. Re-verification is not required for permanent residence cards, green cards, passports or drivers licenses. The Driver Services Division is responsible for testing and issuing driver licenses as well as offering voter registration and issuance of driving records Change of Address If your residence address changes, even if you have not physically relocated, you are required by state law to notify the Department of Safety and Homeland Security within . This page was not helpful because the content: Questions and Answers Related to COVID-19, Completing Section 1, Employee Information and Attestation, Completing Section 2, Employer Review and Attestation, Completing Section 3, Reverification and Rehires, Form I-9, Employment Eligibility Verification, Driver's License or ID card issued by a U.S. state or outlying possession, Citizens of the Republic of Marshall Islands, the Federated States of Micronesia, or the Republic of Palau admitted under a Compact of Free Association. The issuing authority is the specific entity that issued the document or receipt, including state agency and enter the state as part of the issuing authority. Driver's License issued by a Canadian Government Authority Province or Territory from which the driver's license was issued (Ex: Ontario, Alberta, etc.) Stay ahead of recruiting and hiring regulations. DHS provides refugees electronic or paper Forms I-94, Arrival-Departure Record, as evidence of their status and employment authorization. Let an experienced and knowledgeable professional manage your E-Verify participation. Do not complete. You have assure that the identification document(s) appear to be genuine and related to the employee presenting the document(s) and you did not accept any document(s) that do not reasonably appear on their face to be genuine or to relate to the employee presenting them. If you have previously terminated employees when shown evidence of a lie, you may be forced to do this same in this case. Employees First Date of Employment Enter the employees employment start date that they should provide to you as a two-digit month, two-digit day and four-digit year (mm/dd/yyyy). Start by selecting the citizenship or U.S. employment-authorized immigration status indicated by the employee Select the document types presented If you enter document information in List C column, you must enter document information in the List B column as well. The employee's first day of employment (mm/dd/yyyy): (See instructions for exemptions) Signature of Employer or Authorized Representative . In arecent Paycor webinar on Form I-9 compliance,HR = expert Becky Becker gave attendees great insights into the risks facing employers who dont pay enough attention to their employment eligibility verification obligations. A good alternative is scanning the form and sending it as an email attachment to forms@verifyi9.com. Since 2007. Get the criteria to consider during your evaluation process. Share sensitive information only on official, secure websites. Enter N/A if there is no expiration date. How should I correct errors or omissions found on my employees Form I-9? Although we are very experienced in this area of E-Verify law and processes, the information herein is not legal advice, neither expressed nor implied. When does the 90-day validity period begin for an employee presenting a receipt for the application for the replacement of any lost, stolen, or damaged List A, List B, or List C document? For instance, you may have forgotten to write down the expiration date of a drivers licensekeeping a copy of the license means this is only a technical, rather than substantive error, and youd avoid a penalty. Document Title Enter the title of the List C document or receipt in this field. We use almost every bit of information from the form to complete the verification. Get expert advice and helpful best practices so you can stay ahead of the latest HR trends. Additionally, if you participate in E-Verify, you must retain a copy of any document any employee presents that triggers photo matching. If you dont have time to watch the full webinar, weve put together these I-9 FAQs leaders need to know now to ensure employees fill out the I-9 form correctly. In FY 2019, ICE delivered 6500 Notice of Inspections and reached $14.3 million in fines, penalties and forfeitures. For example, if an employee begins work on Monday, the employer should count Tuesday as Day 1 and count 90 days to determine the validity period of the receipt. Build a great place to work where employees show up, make a difference and win together. A. This is the date that DHS uses to determine whether or not the form was timely submitted. Attach a note explaining why the changes were made. The Warning message #1 will appear letting you know that the form will be check to ensure that each field in Section 2 is filled out (see image below). Find quality candidates, communicate via text, and get powerful analytics. If the employee provides a Social Security card, it must be unrestricted. Form I-797C, Notice of Action, which is mailed to the employee by USCIS is an acceptable receipt to acknowledge that an application for a replacement EAD has been submitted. How can I add an electronic signature field to Form I-9? 3. LIST B & C: o For a driver's license, the issuing authority is the state where the driver's license was The Department of Homeland Security allowed expired List B documents as a temporary policy during the COVID-19 pandemic. Ideally, youll want to hire an immigration attorney or trained specialist to conduct your audit. When completing section II of the I-9 Form, the employer must record the proper "issuing authority" of the document (s) provided by the employee. Theres never been a better time to join. We are an Employer Agent of the E-Verify program. Any conditions on the temporary driver's license, such as that the expired license must accompany the temporary driver's license for it to be valid, must be followed. Citizenship and Immigration Services website, arent required to review employees identity and authorization documentation in person, Turn Manufacturing Frontline Workers Into Leaders, Questions to Ask Before Purchasing a New Payroll System, Employers must not knowingly hire undocumented workers or continue to employ them after learning of their undocumented status, Employers must verify employment eligibility through Form I-9. You may verify new hires who were hired on the date that you enrolled. Check out this guided tour to see for yourself how our platform works. Employers must retain Forms I-9 for three years after the date of hire or one year after the date the individual's employment is terminated, whichever is later. If not, your company could be sitting on a massive liability. . E-Verify case number, which may also be entered in the margin or attached as a separate sheet per E-Verify. Document Number - Enter the List B document or receipt document number. Transform open enrollment and simplify the complexity of benefits admin. An employee may provide documentation to support his or her name change, but is not required to do so. When is an employee required to use "N/A" in Section 1? You dont need to put every document under a blacklight. In addition, special endorsements may be required if you or your company drivers will be driving any of the following vehicles: a truck with double or triple trailers a truck with a tank Existing employees should not complete a new Form I-9 as long as they have a valid I-9 already on file. Is a Form I-94 stamped with "parole" an acceptable List C #7 document? Full Name of List C Documents and List C Documents Abbreviations: Additional Information The Additional Information box is located below the List B document area. For example, in the United States, birth certificates are issued by the office of vital records from the state in which the individual was born. Both documents should be treated as a group; reverification should not be completed each time one of the documents in the group expires. Is a state-issued temporary driver's license an acceptable List B document? It is not an acceptable receipt for a lost EAD. If the employee provides a Social Security card, it must be unrestricted. A refugee may use his or her unexpired Form I-94 as a receipt for a document establishing both employment authorization and identity for 90 days. Read these case studies to see why. The best way to correct the error is to have the employee: Draw a line through the incorrect information; Enter the correct or omitted information; and. If we approve their application, we will issue an Employment Authorization Document, which is an acceptable List A document. To meet the reverification requirements, the employee may present any document of his or her choice from List A or List C. If the document that the employee chooses to present consists of a combination of documents (e.g., foreign passport with Form I-94 indicating the employee's nonimmigrant classification that is work authorized incident to status for a specific employer), then all documents must be recorded in Section 3. Enter N/A if there is no expiration date or enter the text as shown on the document if it has text rather than a date such as D/S (which means Duration of Status). Today's Date (mm/dd/yyyy) Part C: Used to establish new (or previously expired) documentation different from that in Section 2 of the I-9 form. The form must be accompanied by acceptable supporting I-9 documents. For a hard copy form, it is important to know the full name of the List A document so that you enter the correct List A document abbreviations (see list on page 4). For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www. Neighbouring districts are (from the north clockwise) Ansbach, Roth, Eichsttt and Donau-Ries. Gather and convert employee feedback into real insights. In March 2020, the Department of Homeland Security relaxed its standards for in-person I-9 verification, due to COVID-19. Tell us about your organization and what you want to accomplish and well recommend a custom solution. VALID FOR WORK ONLY WITH INS AUTHORIZATION The instructions state when an employee may use N/A or must use N/A. Employers are no longer allowed to accept expired List B documents for I-9 identity verification. 4 FORM I-9 FAQ 6/2016 Q: My employee's Employment Authorization Document (Form I-766) expired and the employee now wants to show me a driver's license (List B) and a Social Security card (List C). Since 2007. Missing Permanent Resident Card or Employment Authorization Document Number: In addition to the Alien Number, the Permanent Resident Card Document Number or Employer Authorization Document Number is also required for verification. Only if no other method is available should you fax the card to us. The F-1 student's Form I-20 bears the latest date by which studies are to be completed. Last Reviewed/Updated: 07/06/2021 Was this page helpful? Last Name of the Employer or Authorized Representative Enter your full legal last name. The employee or preparer or translator should draw a line through the incorrect information and enter the correct information or note the omitted information; Have the employee initial and date the correction or omitted information if able; and. What is my responsibility concerning the authenticity of document(s) presented to me? Name mismatches that result in a Tentative Non-Confirmation are usually associated with non-citizens. Employers may choose to scan and upload the original, signed forms to retain them electronically. Am I required to retain original Forms I-9 with signatures or are photocopies or faxed copies acceptable? Initial and date the correction or omitted information. The document name and issuing state determine what information is collected by E-Verify so it's important you enter the correct information. What is your policy for working with outside contractors? Photocopies or faxed copies of completed Form I-9 are not acceptable to meet this retention requirement. Employees must be allowed to present any valid combination of documents listed on Form I-9. For guidelines on which documents on Form I-9, Employment Eligibility Verification, are issued to which categories of individuals, see the chart below. Official websites use .gov Is a confirmation receipt an acceptable receipt for a lost Employment Authorization Document (EAD) (Form I-766)? Date of Hire:In the Certification paragraph just above your signature, you must enter the date that the employee begins work for pay. You may not withhold pay for work completed or a W-2 form from any employee for any reason associated with Form I-9. Do not shred previously retained copies of documents. Employers are not required to record information from the student's Form I-20 in Section 2. By continuing to use this site, you are accepting our use of cookies. Do I need to see a current DHS document? You must examine the document(s), and if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. I-9s were created by the passing of IRCA, the Immigration Reform and Control Act, which became law in 1986. You can find instructions for creating a digital image in the Client area of our web site. Fill in the information for each document, including the document number, the issuing authority, document title, and expiration date (if needed). Looking for U.S. government information and services? Instruct the new hire to present the SS card when he/she receives it. This article is published as guidance for our E-Verify clients, but may be generally useful for all employers who participate in E-Verify. For more guidance on reverification and F-1 STEM OPT extensions and cap-gap for students, see the Guidance for Completing Form I-9 Handbook (PDF). Issuing Authority Enter the issuing authority of the List C document or receipt. Receipts for documents are acceptable. As I-9 documents are kept on-site, rather than sent to the government, federal agents can only conduct an inspection in-person or by requiring that you send them evidence through certified mail. No. You did not accept any documents that are photocopied, faxed, emailed or loaded from a smartphone. Frequently spotted errors in the first section of the I-9 include: Section 2 is the employers responsibility. U.S. Passport or U.S. Passport Card . Expiration Date (if any) (mm/dd/yyyy) Enter the expiration date of the List B document or receipt. Access collaboration tools and resources that help champion equality and promote DE&I best practices in the workplace. They are the issuing authority and responsible for issuing a license. Submission Pre-Dates Enrollment in E-Verify:You are not permitted to verify workers who were in your employ at the time that you signed the Memorandum of Understanding (MoU). Many people refer to the card as a work permit. Paycors compliance solutions help ensure accurate filing and mitigate risk. The document number is an 8 or 10 digit alphanumeric number found either on the back of the license or lower right hand corner (depending on the year of your license). Get familiar with the following lists of acceptable documents: Frequent mistakes found in I-9 form Section 2 include: Section 3 is also the responsibility of the employer and relates to re-verification of expired documents. Get real-time analytics to HR & Payroll data. Why Should I Hire an E Verify Employer Agent? (Ex: U.S. . Acceptable documents that need to be re-verified: If an employee reveals that they do not have authorization to work or they have provided false documentation, their employment must be terminated. Employees must be allowed to present any valid combination of documents listed on Form I-9. Errors in Section 2 and Section 3 should be fixed by the employer and ideally the same person who received the documents and signed the certification. If you are using a computer, you can click on the drop-down menus to select List C document and when you click on the same drop-down menu, the embedded USCIS instructions will display. This information is contained all in the spaces under "List B". A .gov website belongs to an official government organization in the United States. Any inconsistency could imply discrimination. For example, in the United States, 3.4.0 Completing Section 2 of Form I-9 - USCIS Author: www.uscis.gov Post date: 11 yesterday Rating: 1 (643 reviews) Highest rating: 4 Low rated: 1 Summary: 4. Expired I-9 Form:It is a violation of federal law to verify an employee on an expired form. We need you to attest to the following facts: List A Documents establish both identity and employment authorization. Track critical documentation and control labor expenses. If the List B and List C document are acceptable, then do not ask for a List A document. If Section 1 of Form I-9 is completed before the expiration date of the form, but Section 2 is not completed until after the form has expired, can the employer continue to use the original Form I-9 or must the employer complete Section 2 on the new version of Form I-9? Companies can also be punished for subsequent offenses even if their prior punishment wasnt in the recent past. All minors under 18 years of age who are employed in the state of California are subject to California's child labor protections and must have a permit to work. Lets create value across your portfolio. $66.25 to purchase class "A" license. Does this card need to be reverified? HR teams in manufacturing need to create career paths for their employees. Who is in charge of immigration compliance? Payroll Form I-9 Section 2 Instructions. Paycor has the right defenses in place to protect your data. This requirement applies to every employee, full-, Employers with any employees working remotely. 2023 Paycor, Inc | Refer Paycor | Privacy Policy | 1-800-501-9462 | Unreadable Fax:Occasionally, I-9s sent by fax are unreadable because of their quality. (2) the above-listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States. No entries should be made in List A column, if the employee has presented acceptable List B and List C documents. The Department encourages all eligible customers to conduct their driver license services online. If that person no longer works for your company, its easiest to fill out a new I-9 (unless only a small change is required). Section 2 is a review of the documents the employee presents and must be signed. Employers who wish to implement an electronic Form I-9 with an electronic signature function may re-create a Form I-9 that includes such a function, as long as the resulting form is legible; there is no change to the name, content, or sequence of the data elements and instructions; no additional data elements or language are inserted; and the standards specified under 8 CFR 274a.2(e) through (i), as applicable, are met. Enter the document(s) presented to you The employee is obligated under the law to present his/her original unexpired documents to show his/her identity and employment authorization in person within three business days of the employees employment start date. If you entered List A document(s), you must not enter document information in List B or List C columns. You'll need to fill in the employee's name in the second section, as well as their employment status. The issuing authority is the specific entity that issued the document or receipt, including state agency and enter the state as part of the issuing authority. Is everyone aware that there is zero tolerance for the employment of individuals who cannot comply with work authorization rules. Leave Section 3 blank. (In some states, this may be legally required). Stay up to date with the latest HR trends. A citizen of the United States. "List B documents are identity documents for I-9 purposesfor example, a common List B document is a driver's license," said Jorge Lopez, an attorney in the Miami office and chair of the Global . If the employee presents a U.S. passport, you must copy the front page and the back barcode page. The student is authorized to work until USCIS makes a decision on his or her application, but not more than 180 days from the date of the initial OPT EAD expiration date. The confirmation receipt printed from the USCIS website states that it is not a receipt notice and cannot be used as evidence of a pending application. List B identity documents include driver's licenses and state ID cards. Vertical license and ID cards are currently used in 46 other states. Seeing is believing. All relevant fields of the form must be fully completed and the document's submissionaccurately recorded. Enroll in E-Verify via our agency and avoid the signup delays, tutorials and 31-question mastery test. The latest form was made mandatory on May 1, 2020. If the preparer and/or translator who helped with a correction or noted omitted information completed the preparer and/or translator certification block when the employee initially completed the Form I-9, he or she should not complete the certification block again. Please complete, sign stamp/seal The NAU NOTARY PUBLIC FORM (last page of this packet) with your unexpired notary stamp and return it to the NAU employee so that they may send it to us with the Form I-9 and the photocopies of the employment documentation as well. *Unrestricted Social Security cards that are acceptable List C documents are only issued to: An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. This section asks employees if they are a U.S. citizen and whether they are authorized to work in the country. HR solutions purpose-built to help CFOs mitigate risk and control costs. No. If the employee provides a visa number, you are encouraged to enter it as doing so may prevent a tentative nonconfirmation (TNC). Making copies and keeping them can help your case in the event of an ICE inspection. You must obtain an unexpired document and submit as soon as possible. You have only accepted unexpired identification documents from the list of, You will refer a foreign national employee directly to NAU, You will refer an employee who is a minor (under age 18) or an employee with disabilities and his/her parent, legal guardian or representative has completed Section 1 for them, please contact NAU. Official websites use .gov Issuing authority refers to any government agency or office that has the power to issue a specific official document. Are you keeping up with I-9 compliance requirements? Employee Info from Section 1 Enter the employees Last Name (Family Name), First Name (Given Name), Middle Initial (enter N/A if no middle initial) and Citizenship/Immigration Status (1, 2, 3, or 4) exactly as what the employee has entered in Section 1. We use a digital fax service so that we can see the form exactly as you send it. Follow the Form I-9 instructions when determining if a field can be blank or if N/A is required. Contact NAU HR if you have questions on what type of information to enter. The Summer Day Mary Oliver Poetry Foundation, Articles I