Employment Eligibility VerificationI-9 Form

PURPOSE

All U.S. employers must verify employment eligibility* Identity of all employees hired to work after November 6, 1986 Implement law by completing Employment Eligibility

Verification (I-9 Form) for all employees, including U.S. citizens

* Source information - Immigration Reform and Control Act

Employment Eligibility Verification Frequently Asked Questions

Do citizens and nationals of the U. S. need to prove to their employers that they are eligible to work?Yes Citizens and nationals of the U.S. are automatically eligible for

employment Still must present proof of employment eligibility and identity Must complete I-9 Form (Employment Eligibility Verification)

Is completion of the I-9 Form required for everyone who applies for a job at Miami Dade College?No Complete I-9 Form only for people you actually hire

Employment Eligibility Verification Frequently Asked Questions

When must the I-9 Form be completed? Within three (3) business days of the start of employment

Can an employee be terminated if he/she fails to produce the required document(s) within three (3) business days of the date employment begins?Yes If he/she fails to produce the required document(s) or a

receipt for a replacement document(s) in the case of lost, stolen or destroyed documents

Who Must Complete an I-9 Form?

Every U.S. employer must have an I-9 Form on file for each new employee

Exceptions: Employees hired before November 6, 1986, and continuously

employed by the same employer Workers provided to employers by individuals or entities

providing contract services If there is a break in service (e.g. retiree), an I-9 Form is

required upon rehire• Employers may reverify information of an employee

rehired within 3 years of the date of the initial execution of the I-9 Form, as an alternative to completing a new I-9 Form

Employee’s Responsibility Regarding I-9 Form

New employee must complete Section 1 (Employee Information and Verification) of the I-9 Form no later than close of business on his/her first day of paid work

They must attest to their status by checking the applicable box: Citizen/national of the United States Lawful permanent resident with a “green card” Alien authorized to work in the United States until a specified

date

Note – Certain aliens, such as asylees and refugees, are work authorized incident to their status and may not have an expiration date to fill-in for the bottom box of the attestation block in Section 1

Employee’s Responsibility Regarding I-9 Form

Employee’s signature holds him/her responsible for the accuracy of the information provided

He/she must provide proof of employment eligibility documentation Employee is entitled to submit a document or combination of

documents of his/her choice If refuse to provide signature or attestation, do not proceed nor

employ individual

Responsibility of Translator or Preparer

I-9 Form is available in English only Employee may have assistance Translator/preparer must also sign, date and provide requested

information (Section 1)

Acceptable Documents

LIST B

Documents that Establish Identity

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. Native American tribal document

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

LIST CDocuments that Establish

Employment Eligibility

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

2. Native American tribal document3. Unexpired employment authorization

document issued by the INS (other then those listed under List A)

OR

AND

LIST ADocuments that Establish Both Identity and Employment Eligibility

1. U.S. Passport (unexpired or expired)2. Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating

unexpired employment authorization3. Permanent Resident Card or Alien Registration Receipt Card with photograph (INS form

I- 551)4. Unexpired Temporary Card (INS Form I-688)5. Unexpired Employment Authorization Card (INS Form I--688A)6. Unexpired Employment Authorization Document issued by the INS which contains a

photograph (INS Form 1-688B) or Employment Authorization Document (INS Form I-766)

Employer’s Responsibility Regarding I-9 Form

Employer ensures completion of the entire form Must be completed no later than close of business on the

employee’s third day of employment upon date of hire Employer is responsible for ensuring that the employee completes

Section 1 in full Employer must complete Section 2 (Employer Review and

Verification)

Original Documents Only

Employer must personally review original document(s) that demonstrate an employee’s identity and eligibility to work in the United States

Photocopies, or numbers representing original documents, are not acceptable Exception: a certified copy of a birth certificate issued by a

state, county, municipal authority or outlying possession of the U.S. bearing an official seal is acceptable

All identifying information, including the document title, the issuing authority, the document number, and/or the expiration date (if applicable) must be provided in full

Questions About Genuineness of Documents

Employers are not required to be document experts Employers are held to a reasonableness standard when reviewing

documents presented Employers are not permitted to request more or different

documents than are required or to refuse to honor documents tendered that on their face reasonably appear to be the genuine and to relate to the individual presenting the document

Only original documents must be presented for review Single exception - certified photocopy of a birth certificate

Receipt Rule

Receipts may be used in lieu of original documents in the I-9 process if: An individual’s document has been lost, stolen or damaged,

then he/she can present a receipt for the application for a replacement document

• The replacement document needs to be presented to the employer within 90 days of hire or, in the case of reverification, the date employment authorization expires

The Form I-94 with a refugee admission stamp is acceptable as a receipt for 90 days, within which time the employee must present an unrestricted Social Security card together with a List B identity document

Copying of Documentation

Employer may copy a document (front and back) presented by an individual solely for the purpose of complying with the I-9 verification requirements

All copies must be retained with the I-9 Form Copying of any such document does not relieve the employer

from the requirement to fully complete Section 2

Restricted SSA and Other Cards

SSA “Valid only with INS (or DHS) Authorization” card – issued to aliens who present proof of temporary work authorization; these cards do not satisfy the I-9 Form requirements

Internal Revenue Service (IRS) Individual Taxpayer Identification Numbers (ITINs) – issued to aliens dealing with tax issues. An Individual Taxpayer Identification Number card is NOT employment eligibility verification

Where Reverification is NOT Required

Permanent Residence Cards (also known as Alien Registration Receipt cards, Form I-551, Resident Alien Cards, Permanent Resident Cards, or “Green Cards”) are issued to lawful permanent residents and conditional resident and should not be reverified when the cards expire

Discrimination

The law protects certain individuals from unfair immigration-related employment practices of a U.S. employer, including refusal to employ based on a future expiration date of a current employment authorization document

Missing I-9 Forms

An employer who discovers that an I-9 Form is not on file for a given employee must request the employee to complete Section 1 of an I-9 Form immediately and submit documentation as required

The new form should be dated when completed – never post-dated

When an employee does not provide acceptable documentation, the employer must terminate employment or risk being subject to penalties for “knowingly” continuing to employ an unauthorized worker if the individual is not in fact authorized to work

Discovering an Unauthorized Employee

An employer who discovers that an employee has been working without authorization should reverify work authorization by allowing such an employee another opportunity to present acceptable documentation and complete a new I-9 Form

If employers know or should have known that an employee is unauthorized to work in the U.S., they may be subject to serious penalties for “knowingly continuing to employ” an unauthorized worker

Completing the Form – Section 1

This information must be completed by the Employee

Completing the Form – Section 2

This information must be completed by the Employer

Completing the Form – Section 3

This information must be completed by the Employer

Sample Document from List A

United States Passport (unexpired or expired)

Issued by the Department of State to U.S. citizens and nationals.

Sample Document from List A

Unexpired Foreign Passport with I-551 Stamp or attached INS Form I-94 indicating unexpired employment authorization

Sample Document from List A

Alien Registration Receipt Card (Resident Alien Card) I-551

Issued by INS after March 1977, to lawful permanent resident aliens. Although this card is no longer issued, it is valid indefinitely. This card is commonly referred to as a “green card” and is the replacement for the Form I-151. This version is white with a blue logo.

Sample Document from List A

Employment Authorization Card I-688A

Issued by INS to applicants for temporary resident status after their interview for Legalization or Special Agricultural Worker status. It is valid until the expiration date stated on the face of the card or on the sticker(s) place on the back of the card.

Sample Document from List A

Employment Authorization Card I-766 or previous Form I-688B

The new I-766 card is being phased in. Issued to aliens authorized to work temporarily in the U.S. Some work-authorized aliens will continue to receive the I-688B card. Both cards will remain in circulation. The I-688B will continue to be issued and remain valid until the expiration date on the individual card.

Sample Document from List A

I-94 Arrival/Departure Record

Arrival-departure record issued by INS to nonimmigrant aliens. An individual in possession of the departure portion of this document may only be employed if the document bears an “employment authorization” stamp or employment incident to the nonimmigrant classification is authorized with a specific employer.

I-20 ID Card Accompanied by a Form I-94

The Form I-94 for F-1 nonimmigrant students must be accompanied by an I-20 Student ID endorsed with employment authorization by the Designated School Official for off-campus employment or curriculum practical training. INS will issue Form I-688B to all students authorized for a post-completion practical training period.

Sample Document from List B

Sample Driver’s License

A driver’s license issued by any state or outlying possession of the U.S. (including the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Mariana Island, and American Samoa) or by a Canadian government authority is acceptable is it contains a photograph or other identifying information such as name, date of birth, sex, height, color of eyes and address.

Sample Document from List C

Social Security Card

There are many versions of this card.

(other than one stating “NOT VALID FOR EMPLOYMENT,” metal or plastic reproductions, or certain laminated cards.)