HOW TO COMPLY WITH FORM I-9 REQUIREMENTS

MEET THE PRESENTER About Sathab

Sathab Abbo IMMIGRATION COUNSEL & SR. PRODUCT DIRECTOR

Sathab has acquired extensive experience in immigration law, management, and client development. Her broad range of experience involves devising strategies and delivering solutions to complex business and legal matters, addressing HR and administrative issues, and preparing a wide array of legal documentation. She interacts with immigration officials on business immigration and Form I-9 matters, advises clients, and informs audiences on Form I-9 trends and regulations. Sathab is an active member of the American Immigration Lawyers Association (AILA) Michigan and National Chapters and continues to be an advocate for immigrant rights.

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Skills Immigration Law

Form I-9 & E-Verify

Informing Audiences

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MEET THE PRESENTER About Dave

Dave Basham Program Analyst, USCIS

Dave Basham has been with the Department of Homeland Security for over 7 years as a Senior Analyst that conducts briefings on Form I-9 and E-Verify. David serves as a U.S. Citizenship and Immigration Services point of contact for Immigration and Customs Enforcement, Worksite Enforcement Unit. The U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. USCIS will secure America's promise as a nation of immigrants by providing accurate and useful information to customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of the immigration system.

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Skills 100%

Form I-9

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Webinars & Outreach

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AGENDA

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Background

Completing Form I-9

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Resources

Questions & Answers

BACKGROUND FORM I-9 In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA). IRCA forbids employers from knowingly hiring individuals who do not have work authorization in the United States. The employment eligibility verification provisions, and sanctions, of IRCA are found in Section 274A of the Immigration and Nationality Act (INA).

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WORKING IN THE U.S. FORM I-9

Individuals who may legally work in the United States are:

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Citizens of the United States

Noncitizen nationals of the United States

Lawful Permanent Residents

Aliens authorized to work

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EMPLOYMENT VERIFICATION FORM I-9

To comply with the employment eligibility verification provisions of the INA an employer must:

Verify

Complete

Refrain

Verify the identity and employment authorization documents of employees hired after November 6, 1986

Complete and retain a Form I-9 for each employee hired after November 6, 1986

Refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status

PREVENTING DISCRIMINATION

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FORM I-9 The anti-discrimination provisions of the INA prohibit four types of unlawful conduct:

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Citizenship or immigration status discrimination*

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National origin discrimination*

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Document abuse during Form I-9 process

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Retaliation

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OFFICE OF SPECIAL COUNSEL (OSC) FORM I-9 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 o 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) o Employers may also contact OSC* 1-800-255-8155 (TDD: 1-800-362-2735) *callers may remain anonymous See Slides OSC’s “Employer Dos and Don’ts.” Commerce

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COMPLETING FORM I-9

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FORM I-9 REQUIREMENTS FORM I-9

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 EXCEPTIONS FORM I-9

You are NOT required to complete Form I-9 for: Casual domestic service employees working in a private household when work is sporadic, irregular or intermittent Independent contractors for whom you do not set work hours, or provide tools to do the job. Employees working outside the United States.*

* 50 States, District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands

LIST OF ACCEPTABLE DOCUMENTS FORM I-9 o Use MOST CURRENT Form I-9 VERSION, 03/08/13

o You must make the Lists of Acceptable Documents available to your EMPLOYEE when he or she is completing the Form I-9 o The EMPLOYEE MUST provide: o One document from List A OR

o One document from List B AND one document from List C

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DOES A GREEN CARD NEED SIGNATURE? FORM I-9 o USCIS recently changed the appearance of certain Permanent Resident Cards (Form I-551), also known as a Green Card. o An increasing number of green cards are being issued with the words “Signature Waived” in place of the Lawful Permanent Resident’s actual signature. o All employers should be aware of this recent change in Green Cards when examining acceptable documents presented by workers during the Form I9 process.

o Read the USCIS Web Alert for more information

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SECTION 1: EMPLOYEE INFORMATION FORM I-9

o To be completed by EMPLOYEE. o Employer MUST verify Section 1 is COMPLETE. Commerce Slides

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SECTION 1: EMPLOYEE ATTESTATION FORM I-9

o The EMPLOYEE MUST select one of the four categories and sign and date Section 1 of Form I-9. o All employees must complete Section 1 no later than the first business day of employment for pay. Commerce Slides

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SECTION 1: PREPARER/TRANSLATOR CERTIFICATION FORM I-9

o This certification is required when Section 1 is prepared by someone other than the employee. o By signing, the preparer is attesting that Section 1 is true and correct to the best of his or her knowledge. o Note that only the EMPLOYEE can sign the Section 1 Employee Signature Block. Commerce Slides

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SECTION 2: EMPLOYER CERTIFICATION OF DOCUMENT REVIEW FORM I-9 Completing Section 2

o Completed by EMPLOYER. o MUST be completed no later than 3 business days after the employee begins work for pay. o EMPLOYER MUST examine original documents.

o Documents MUST be UNEXPIRED.

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SECTION 2: EXAMINING DOCUMENTS GENUINENESS AND PHOTOCOPIES FORM I-9 o You are not required to be a document expert o You MUST accept a document presented by an employee if it reasonably appears to be: Genuine; AND, Relates to the individual presenting it

o The document MUST be original* – photocopies are NOT acceptable *Exception: Certified copy of a birth certificate Commerce Slides

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SECTION 2: RECEIPT RULE FORM I-9 o Receipts may be used as temporary proof of employment eligibility when a List A, B or C document has been lost, stolen or damaged.

o The receipt must be issued by the originating agency. o The employee must present a replacement document within 90 days of the hire date. EXCEPTIONS: o The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual. o The departure portion of the Form I-94/I-94A with a refugee admission stamp

o 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. o Receipts are never acceptable if employment will last less than 3 business days.

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SECTION 2: COPYING DOCUMENTS FORM I-9 You may choose to make copies of employee documentation presented to you for Section 2.

o 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. Commerce Slides

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SECTION 3: VERIFICATION FORM I-9

o You MUST reverify an employee using Section 3 if his or her temporary employment authorization has expired. o You MAY also complete Section 3 if you: o Rehire the EMPLOYEE within 3 years of the date of initial execution of the Form I-9* o Update the biographic information of an employee Commerce Slides

* USCIS recommends completing a new Form I-9 for rehires

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SECTION 3: WHEN TO REVERIFY FORM I-9 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

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CORRECTING FORM I-9

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FORM I-9 CORRECTING MISTAKES

MISSING FORMS

If you discover a mistake on Form I-9, correct the existing form OR prepare a new Form I-9:

If you discover you are missing the Form I-9 for an employee:

o If you choose to correct the existing Form I-9,

o Immediately provide the employee with a

line out the incorrect portions, enter the correct information, and initial and date the correction.

o 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. Commerce Slides

Form I-9.

o Allow employee 3 business days to provide acceptable documents.

o DO NOT backdate the Form I-9.

STORAGE AND RETENTION FORM I-9

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STORAGE FORM I-9 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 Commerce forSlides inspection.

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RETENTION Forms I-9 must be retained for:

FORM I-9

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 Commerce Slides

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RESOURCES FORM I-9

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I-9 CENTRAL

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FORM I-9 I-9 Central: www.uscis.gov/I-9Central

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I-9 Central Spanish: www.uscis.gov/i-9Central/Espanol

FORM I-9 MULTIMEDIA RESOURCES Section 1 Vignette

FORM I-9 I-9 Webinar on Demand

Section 2 Vignette

Section 3 Vignette

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E-VERIFY OUTREACH Form I-9

o Free Customized Webinars o Content for your newsletters o Authorization to use the E-Verify® Logo and Name and I E-Verify Seal o Add E-Verify to your job announcements

Example: “Our company uses E-Verify to confirm the employment eligibility of all newly hired employees. To learn more about E-Verify, including your rights and responsibilities, please visit www.dhs.gov/EVerify.” Commerce Slides

CUSTOMER SERVICE FORM I-9 E-Verify received the highest rating for customer service of all federal agencies. (2013 American Customer Satisfaction Survey)

CALL Employer Hotline: (888) 464-4218 Employee Hotline: (888) 897-7781

EMAIL Form I-9 E-Mail: [email protected] E-Verify E-Mail: [email protected]

VISIT Form I-9 Website: www.uscis.gov/I-9Central E-Verify Website: www.dhs.gov/E-Verify Commerce Slides

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DISCLAIMER FORM I-9 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.

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100% CLOUD-BASED FORM I-9 & E-VERIFY SOLUTIONS MEET THE NEXT GENERATION OF COMPLIANCE SOFTWARE

Our solutions are continuously evolving to meet the needs of our clients and partners. We offer easy-to-use, flexible, and truly compliant solutions that meet federal regulations for Form I-9 & E-Verify. Commerce Slides

INNOVATIVE FEATURES

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ENJOY THE CONVENIENCE & FLEXIBILITY THAT ONLY I-9 ADVANTAGE CAN PROVIDE

Walk-Up Usability Our system is easy to use and intuitive, making anyone an I- 9 expert.

Increase Efficiency and Productivity Our software solutions reduce the time spent processing Form I-9s by 75%.

Integrate With Your HR Platform Seamlessly integrate with your existing HR Platform.

Instant E-Verify® Submission Instantly submit to E-Verify® with customized options for each user. Commerce Slides

100% Paperless Solutions. Complete I-9s via desktop, laptop, tablet, or smart phone.

FLAWLESS I-9s EVERY TIME ANYONE CAN BECOME AN I-9 EXPERT

Seamless Integration

o Create error-proof I-9s and eliminate the risk of government fines with precise data validation and error-checking. o Streamline your I-9 process and reduce the risk of employee discrimination with a standardized process.

Integrates with any web-based service provider, onboarding, or HRIS system.

Single-Sign On

Simplify the login process, and save time by accessing all of your applications with a single, secure sign-on.

Digital I-9 Storage & Printing

o We maintain the most up-to-date and compliant software by working closely with the Department of Homeland Security, and our software development team to stay ahead of ever-changing regulations. Commerce Slides

Automatically secures, stores, and provides easy search for quick retrieval and printing of Form I-9s and audit trails.

Eliminate Missed Deadlines

Stop worrying about missing re-verification deadlines for employee work authorizations.

RESTORE THE HEALTH OF YOUR I-9s THE MOST PRECISE WAY TO CORRECT PAPER I-9S

Real-time Dashboard

o Attempting to self-correct archived Form I-9s will increase your risk of fines. o I-9 Medic™ eliminates the risk of human error, and preparation time for an audit, from weeks to minutes. o Compliantly correct error-filled I-9s by precisely catching each error followed by step-by-step correction guidance.

Allows approved administrators to monitor the correction process for multiple accounts, users, and locations.

Data Security

Protects the integrity of your data by exceeding the most stringent federal security requirements.

Forensic Quality Audit Trails

Automatically secures, stores, and provides easy search for quick retrieval and printing of Form I-9s and audit trails. Exhaustive Error Checking

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Precisely catch errors with our 185-point error-checking algorithm, supported by 20-tier validation. .

HIRE REMOTELY FROM ANYWHERE

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THE CONFIDENCE OF COMPLIANCE FROM ANY LOCATION

Technologically Savvy

o 100% paperless and mobile-enabled, I-9 Remote™ reduces the processing time of Form I-9s remotely from days to minutes. o Use an authorized agent, or one of 12,500 trained notaries available nationally through our National Partner Notary Network. o Notaries trained on the I-9 Remote™ system are proficient in accurately completing Form I-9s, and will travel to your location to meet your new hire.

Complete your remote I-9s via tablet, smart phone, and computer with the fastest mobile solution on the market.

Notary Network & Flexible Section 2 Agent Options

Use an employer or employee designated agent, or access our nationwide notary network, or brick and motor I-9 completion centers. You choose - we make it easy!

Digital Signature Options

Options to sign the Form I-9 using a mouse, stylus, or finger (if using a tablet), or click to sign to attest the information is correct. Smart Document Upload

New hires capture secure images of Section 2 documents with any mobile device camera, and upload them instantly.

THANK YOU FOR JOINING US! LEARN MORE ABOUT INNOVATIVE FORM I-9 & E-VERIFY SOLUTIONS

800.724.8546 [email protected] i9advantage.com

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