I-9 Training

Facilitator: Tina VanderWal, SPHR

Immigration and Nationality Act (INA)

1952 as amended Employers (ERs) may hire only persons who

may legally work in the United States (i.e., citizens and nationals of the U.S.) and

Aliens authorized to work in the U.S. ER must verify the identity and employment

eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9)

Completing the I-9

Employee (EE) accepts offer of employment

EE completes section 1 of the form the no later than first day of work for pay

EE gives document and form to ERER completes section 2 of the form no

later than 3rd day EE starts work for pay

EE Completes Section 1

Employees must provide their: Full legal name.

If they have two last names (family names), include both. If the person hyphenates his or her last names, include the hyphen (-) between the names.

If they have two first names (given names), include both. If the person hyphenates his or her first names, include the hyphen (-) between the names.

Includes the middle initial, if applicable. Maiden name, if applicable 

EE Completes Section 1

Current address, including street name and number (no P.O. Box), city, state and ZIP code.

Date of birth.  Social Security number. (This is optional unless the

employer uses E-Verify and the individual has been issued a number.)

Citizenship or employment-authorized immigration status, and (if applicable) Alien or Admission number and the date employment authorization expires.  

Signature and date. (EE’s must sign the form. Preparer or translator who helps the employee must provide his or her name, address, and signature, and date the form.)

EE Completes Section 2

Employees must make:One selection from List A; or One selection from List B in combination

with one selection from List C.  (or Provide a receipt - showing that the

employee applied to replace a document that was lost, stolen or damaged – only valid for 90 days)

ER’s Responsibility for section 2

Ensure that any document the employee presents is on the Lists of Acceptable Documents or is an acceptable receipt

Physically examine each document to determine if it reasonably appears to be genuine and to relate to the employee presenting it.

Record the document title, issuing authority, number(s) and expiration date (if any) from the original document(s)

Enter the date the employee began or will begin work for pay.

ER’s Responsibility for section 2

Enter the date the employee began or will begin work for pay.

Provide the name, signature and title of the person completing Section 2, and the date completed

Record the employer’s business name and address.

Return the documentation presented back to the employee.

Completing Section 3, Updating and Reverification

ERs complete Section 3 when:An employee’s employment

authorization or documentation of employment authorization has expired.

An employee is rehired within three years of the date that Form I-9 was originally completed.

An employee changes his or her name.

Employers should not reverify:

U.S.citizens Lawful permanent residents(LPRs) who

presented a Permanent Resident Card (Form I-551) for Section 2

List B documents Unless listed above, when an employee’s employment authorization or employment authorization documentation expires the employee must present unexpired documentation from either List A or List C showing he or she is still authorized to work

ER Completing Section 3 must:

Examine the documentation to determine if it appears to be genuine and to relate to the employee presenting it. If the employer rejects the documentation, the employer should allow the employee to present other documentation from List A or List C.

Record the document title, document number and expiration date, if any.

Sign and date Section 3.

Important Info

Note: If you previously completed Section 3, or the version of the form you used for a previous verification is no longer valid: You must complete Section 3 of a new

Form I-9 using the most current version and attach it to the previously completed Form I-9.

Rehires

ER must: Confirm that the original Form I-9 relates to the

employee. Review the original Form I-9 to determine if the EE is

still authorized to work, including whether employment authorization documentation presented in Section 2 (List A or List C) has since expired.

If EE is still authorized to work and their employment authorization documentation is still valid, record the date of the rehire in the space provided in Section 3.

When EE is no longer authorized to work or documents have expired:

ER must:Request that the employee present an

unexpired List A or List C document.Record the document information and

the date of rehire in the spaces provided in Section 3.

Changes in Employee’s Nameduring Reverification

Note the name change in Section 3 of Form I-9.

Note the reason for the name change on the form, if the employee offers a reason for the change.

Store any proof of the name change the employee may voluntarily give you with the form. 

Important Info

Recommended:ERs remind EEs, at least 90 days before

the date reverification is required, that the employees will be required to present a List A or List C document showing continued employment authorization on the date that their employment authorization or documentation expires.

What if they have documents pending authorization?

If EE has a Form I-765, Application for Employment Authorization, pending with USCIS, and the application has been pending for 75 days, EE may call the National Customer Service Center or schedule an INFOPASS appointment at a local office to request expedited processing

I-9 form Retention Requirements

Keep on file for 3 years or

For one year after employment has ended (whichever is longer)

Penalties/Sanctions

Employers who fail to complete and/or retain the I-9 forms are subject to penalties

More Questions??

Review the Q&A from US Citizenship and

Immigration Services for lots of good

Information or go to

http://www.uscis.gov/portal/site/uscis/menuitem.