I-9 PROCEDURES Background An I-9 must be completed every time a person is hired, rehired or employment authorization documents expire. There are three sections of the I-9 form: Section 1 is completed by the employee. Section 1 responses must be printed. Section 2 is completed by the company representative. Section 3 is not filled out unless the employee s eligibility is being reverified because of expired documents or the employee is rehired. Additional reference: USCIS Handbook for Employers, which can be found on the Internet at: http://www.uscis.gov/files/nativedocuments/m-274.pdf Instructions for Completing Section 1: Employee Identification and Verification 1. Employee enters full name, as well as their maiden name if applicable. 2. Employee enters current full street address, street number, city, state and zip code P.O. boxes are NOT allowed 3. Employee enters date of birth. 4. Employee enters Social Security number. Providing the SSN is optional except for employees working in E-Verify States referenced below (or, if the employer is registered in E-Verify). Note that some individuals who have not worked in the US before will not have a SSN. They will go to a Social Security office and apply for one. In the meantime, enter Applied in the blank for the SSN if they are working in a state where the SSN is required (listed below). 5. Employee reads warning and attests to immigration status by checking applicable block and filling out the corresponding blank, as applicable. 6. Employee signs and dates the form. (The employee MUST sign on or before the date employment begins; but never prior to an offer of employment.) 7. If the employee uses a preparer or translator to fill out the form, that person must certify that he or she assisted the employee by completing the Preparer and/or Translator Certification block. The preparer or translator may assist the employee in completing Section 1 as noted above. However, the employee must still sign Section 1 where indicated. 8. If corrections are made to the form the person making the change should cross out the incorrect information (do NOT use White-Out), initial the corrections and insert the date the corrections were made. As noted in #3, providing a Social Security number on the Form I-9 is voluntary except in states where the company participates in E-Verify, which is the USCIS electronic employment eligibility verification program. When required, keep in mind that you only need to have the employee
write their Social Security number in Section 1. You cannot require that the employee also present a document with his or her Social Security number on it. The following states require employers to participate in E-Verify, so SSNs are required in these states, at a minimum: Arizona (all employers) Colorado (only state contractors/subcontractors) Georgia (only state contractors/subcontractors) Minnesota (only state contractors/subcontractors and vendors over $50,000) Mississippi (all employers - effective date varies depending on number of employees) Missouri (only state contractors/subcontractors, grantees and those with state tax credits/abatements/loans) Nebraska (only state contractors/subcontractors, grantees and those with state tax incentives) Oklahoma (only state contractors/subcontractors) Rhode Island (only state contractors/subcontractors, grantees and vendors) South Carolina (all employers - effective date varies depending on number of employees; alternatives to E-Verify exist) Utah (only state contractors/subcontractors) Special Note for New Hires that Have Temporary Immigration Status: Some employees are citizens of other countries and their visa status and work authorization in the U.S. is temporary. In this case, they should complete Section 1, #3 by: Checking the box beside An Alien authorized to work until Completing the until date. This date will vary but may be the expiration date on the I-94 card or the employment authorization document. Entering their Alien number or Admission number in the blank that follows. The Alien # ( A# ) may be found on the employment authorization document and the Admission # may be found on the Form I-94 (Departure Record). Instructions for Completing Section 2: Employer Review and Verification The employee must present an original document or documents that establish identity and employment eligibility by the end of the third day of employment. The employer must review the original documents and attest that they reasonably appear on their face to be genuine and to relate to the person presenting them. Some documents establish both identity and employment eligibility (List A). Other documents establish identity only (List B) or employment authorization only (List C). The employee can choose which document(s) he or she wants to present from the Lists of Acceptable Documents from latest version of the I-9 form: http://www.uscis.gov/files/form/i-9.pdf. You may not specify which document(s) an employee must present. 1. You must examine EITHER: One document from List A ----OR---- One document from List B and one from List C.
2. Then, under the corresponding column in Section 2 for either List A only, or List B and List C, record: The document title Document issuing authority (if it is a U.S. Government document and there is no other indication use U.S. Government as the issuing authority) Document number Expiration date (if any) of the document(s) Note that effective 4/3/2009, ALL documents presented must be unexpired at the time the I-9 is completed, if the document contains an expiration date. If a second document is needed as indicated in the List A description, include the document number and expiration date on the lines for the second document under the List A column 3. Ensure the information on the documents provided matches the information the employee provided in Section 1 (name, date of birth, SSN, A#, Admission #, as applicable). 4. Ensure the documents provided are consistent with the status checked in the attestation box in Section 1 (i.e., if the person checked A citizen or national of the United States then they should not be providing a Permanent Resident Card or evidence of a temporary visa status). 5. In the Certification block of Section 2, complete the following: Date employment begins Your full name Your title Company name Full company address Sign and date the certification (note that documents must be reviewed and this section MUST be signed by the end of the third day of employment) What to do when the new hire does not have acceptable documents to complete Section 2: Receipts: A receipt for a replacement employment authorization document (i.e., List A or C) must be accepted if it is: 1) A receipt for an application for a replacement document that was lost, stolen or destroyed. a. The employee must present a valid document within 90 days from the date of hire. 2) The arrival portion of a Form I-94 with an attached photo and a temporary I-551 stamp, which is a receipt for a List A document. When the stamp expires (or if the stamp has no expiration, one year from the date of issue) the employee must present the Form-I-551 Permanent Resident Card (or other valid I-9 documents).
3) The departure portion of the Form I-94 with a refugee admission stamp, which is a receipt for a List A document. The employee must present a valid I-9 document within 90 days from the date of hire. No documents or unacceptable documents: In the event that new hire does not submit or bring documents with him or submits/brings unacceptable documents on the date of hire, the employee has 2 additional days to submit/bring in correct documents or a receipt as noted above. If the employee does not do so he or she is not be allowed to work until acceptable documents are provided. The employee must be taken off payroll. NOTE: If the employment lasts less than 3 days, then the entire I-9 form must be completed before work commences. There is no three-day period to produce documents in this case. Employees with Disabilities (Special Placement) If a person with a disability, who is placed in a job by a nonprofit organization or as part of a rehabilitation program, cannot present a List A document or an identity document from List B, the Form I-9 should be completed in the following way: 1. A representative of the nonprofit organization, a parent or a legal guardian must complete Section 1 and write Special Placement in the space for the employee s signature; 2. The representative, parent or legal guardian must complete the Preparer/Translator Certification block; 3. You should write Special Placement in Section 2, under List B; and the employee with a disability must present a List C document showing his or her employment eligibility. 4. You should record the required information in the appropriate space in Section 2. Instructions for Completing Section 3: Updating and Reverification When an employee s employment authorization expires or an employee is rehired, the company must ensure that the employee is still authorized to work. Updating/reverification must be completed on or before the date of rehire or date the prior employment authorization expires. Note that reverification due to an expiration date is needed only for EMPLOYMENT AUTHORIZATION that expires. It is NOT needed for identity documents that expire, U.S. passports that expire, or evidence of permanent residence that expires. In the case of updating due to a re-hire, you can follow these procedures only if the original form was dated within 3 years of the re-hire. You may update or reverify by either of these methods: (1) completing Section 3 on the original I-9 form; or (2) using a new I-9 form and completing ONLY Section 3 and the employee s name
in Section 1 (do not complete all sections of an entire new form, as this could be construed as document abuse). To update or reverify, take the following steps: 1. Record the date of rehire in Section 3.b. (if applicable); 2. Record the document title, number and expiration date (if any) of the employment authorization document(s) presented in Section 3.c.; 3. Sign and date Section 3; and 4. If you are reverifying on a new Form I-9, write the employee s name in Section 1 and write Reverification Form across the top. Keep the new Form I-9 with the original. Copies of documents: You are normally not required to maintain copies of documents presented to complete the I-9 form. However, state laws in Colorado and West Virginia require that certain copies be retained with the I-9 form. Therefore, copies should not be made unless the work location is one of these states. In Colorado you must retain a copy of the Identity Document provided, and this document must include the person s photograph (which would be the List A document or List B document, whichever is presented). In Colorado you also must retain an Affirmation of Legal Work Status. A copy of this form is attached as Appendix B. In West Virginia one of the documents from the list below must be copied and retained as proof of legal status and work authorization: A valid social security card; A valid immigrant or nonimmigrant visa including photo identification; A valid U.S. birth certificate; A valid U.S. passport; A valid photo identification card issued by a U.S. government agency; A valid permit issued by the United States Department of Justice; A valid work or supervision permit authorized by the West Virginia Labor Division; Any other valid document providing evidence of legal residence or authorization to work in the United States. In all states in which the company participates in E-Verify, if the employee presents an I-551 Permanent Resident Card or I-766 Employment Authorization document, a copy must be retained. Maintaining I-9 Records The completed I-9s are filed in a SEPARATE LOCATION from the personnel file. I-9 records must be retained for 3 years after employment begins or 1 year after termination, whichever is later. I-9 records may be purged ONLY when both tests are met.
Most common errors when completing I-9s: 1. Expired documents accepted. 2. Using an outdated I-9 form. Note the expiry date at the bottom right of the first page of the I-9 form to be sure the form is not expired (02/02/2009 version or later is now required for new hires, rehires AND reverifications). The current version of the I-9 is available here: http://www.uscis.gov/files/form/i-9.pdf. 3. Unacceptable Social Security card, such as a metal or plastic reproduction of the social security card or the stub or receipt portion of the original SSA card. 4. Overdocumentation, i.e., completing List A and then completing List B and/or List C. As noted above in the instructions for Section 2, if a List A document is provided then you must NOT also complete Lists B and C. Another example of overdocumentation is accepting two List B documents or two List C documents. You must follow the List A, B and C document descriptions carefully to ensure that you accept only ONE document from the appropriate list. Many companies think that there is no harm in being extra careful. But this is a clear violation of the I-9 requirements and could result in penalties to the company for document abuse. 5. Unacceptable birth certificate, such as an uncertified copy or one that does not have a seal. 6. Not reviewing the original documents. Documents presented for proof of identity and work eligibility must be originals, or receipts for an application for replacement documents. 7. I-9s that have White-Out on them. Corrections may be made on an I-9 but only by crossing out the incorrect information and initialing/dating the change. It is a best practice to write self-audit next to any changes on the form. USCIS Handbook for Employers: http://www.uscis.gov/files/form/m-274.pdf
Appendix A
Appendix B Colorado: AFFIRMATION OF LEGAL WORK STATUS Pursuant to Colorado Revised Statute 8-2-122 Employee Name: Last First Middle Date of Birth Social Security Number: - - Date of Hire: Check off all items after completing the review. In accordance with Colorado Revised Statute 8-2-122, I have: examined the legal work status of the above named employee. retained file copies of the documents required by 8 U.S.C. sec. 1324a. not altered or falsified the employee s identification documents. not knowingly hired an unauthorized alien. Employer Name Designated Representative: Signature Official Title Date Employer Phone Number CRS 8-2-122 (2) On and after January 1, 2007, within twenty days after hiring a new employee, each employer in Colorado shall affirm that the employer has examined the legal work status of such newly-hired employee and has retained file copies of the documents required by 8 U.S.C. sec. 1324a; that the employer has not altered or falsified the employee s identification documents; and that the employer has not knowingly hired an unauthorized alien. The employer shall keep a written or electronic copy of the affirmation, and of the documents required by 8 U.S.C. sec. 1324a, for the term of employment of each employee. This affirmation and the documents required by 8 U.S.C. sec. 1324 (copies or electronic copies) will be retained for the duration of the above named individual s employment. This affirmation is provided as a courtesy by the Colorado Division of Labor. http://www.coworkforce.com/lab/affirmationform.pdf