Form I-9

What is the Purpose of this form? Employers must complete Form I-9 to

document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986, to work in the United States.

Form I-9 is made up of three sections. Employers may be fined if the form is not complete.

Form I-9 has changed It is now 2 pages E-mail address and telephone number are

both listed on the form but are optional Additional information is required for

aliens authorized to work The new form is formatted differently,

with a clear employee signature area A space for a 3-D barcode has been

added to both pages

Older Version

New Version

Form I-9 Basics Form I-9 with instructions and List of Acceptable

Documents must be provided to the employee Section 1 must be completed by the employee

no later than the end of his/her first day of work Section 2 must be completed by the employer

within three (3) business days of the employee’s first day of work Employee begins work on Monday, employer must

complete Section 2 by Thursday

Completing Section 1 Only the employee may complete Section 1 of

Form I-9. The employer is responsible for reviewing and ensuring that Section 1 is completed correctly.

If the employee cannot complete Section 1 without assistance or if he/she needs Form I-9 translated, someone may assist him/her Please refer to page 3 of the M-274 for

instructions

Section 1

Completing Section 2 Employer must allow the employee to

select which original documentation he/she will provide to demonstrate that he/she is authorized to work in the U.S. One document from List A or a document

from List B and one from List C Employers cannot specify which

document(s) employees may present from the Lists of Acceptable Documents.

Section 2

Section 2 Cont’d Employers or authorized representative must:

Physically examine each original document(s), the person who examines the document(s) must be the same person who signs Section 2

Record document title shown on the Lists of Acceptable Documents, issuing authority, document number and expiration date (if any)

Under Certification, enter the employee’s first day of employment

Provide the name and title of the person completing Section 2 in the Signature of Employer or Authorized Representative field

Sign and date the attestation on the date Section 2 is completed

Abbreviations for Document Title

List B Driver’s License

NMDL ID Card

NMID Student ID

SJC Student ID

List A Try to spell

out the exact title

List C Social Security Card

SSC Certification of Birth Abroad

Birth Certificate Abroad Birth Certificate

Birth Certificate

Abbreviations forIssuing Authority

List B Driver’s License

MVD/DMV/State of _ _ ID Card

State of _ _ Student ID

Name of School

List A US Passport/US Passport Card

US Dept. of State Permanent Resident Card “Green

Card” USCIS

Resident Alien Card US Dept. of Justice

Employment Authorization Document (EAD) USCIS

List C Social Security Card

SSA or Dept. of HHS Certification of Birth Abroad

US Dept. of State Certification of Report of Birth

US Dept. of State Birth Certificate

State of _ _/County/Municipal Authority

To Copy or Not to Copy? As of May 7, 2013 we will start keeping

copies of documents (front & back) and retain these copies with the Form I-9

Avoiding Discrimination in the Form I-9 Process You should NOT:

Require different documents to be presented by employees because of their citizenship or national origin

Request to see employment eligibility verification documents before hire and completion of Form I-9 because someone looks or sounds “foreign” or because they state that he/she are not a U.S. citizen

Refuse to accept a document because it has a future expiration date

Over-documentation – requiring more documents than necessary (i.e. completing List A, B, and C document section)

Audits Immigration and Customs Enforcement

(ICE) Office of Investigations (OI)(Worksite Enforcement (WSE) Unit) Special Agents, Forensic Auditors and/or

Criminal Research Specialists Office of Chief Counsel (OCC) Office of the Chief Administrative Hearing

Officer (OCAHO) U.S. Attorney (criminal prosecution)

Types of Form I-9 Violations “Paperwork” violations – monetary penalty

Technical/Procedural Substantive

“Knowing” violations – more serious Constructive and Actual Knowledge Knowing hire Continuing to employ

Discrimination Violations Citizenship or Immigration Status Discrimination National Origin Unfair Documentary Practices during Form I-9 process Retaliation

Penalties Fines may be increased or decreased by up to 25% depending on

mitigating or aggravating factors Business Size Good Faith Seriousness Unauthorized Workers History

Criminal Prosecution Up to 6 months imprisonment for knowingly hiring or continuing to

employ unauthorized worker Up to 5 years imprisonment for making false statements or

attestations for purposes of satisfying the employment eligibility verification requirements

Attorneys fees for discrimination violations Barred from government contracts

Knowing Hire/Continuing to Employ Fine Schedule

% of violations based on total number of I-9s

1st Tier$375 - $3,200

2nd Tier$3,200 - $6,500

3rd Tier$4,300 - $16,000

0% - 9% $375 $3,200 $4,300

10% - 19% $845 $3,750 $6,250

20% - 29% $1,315 $4,300 $8,200

30% - 39% $1,785 $4,850 $10,150

40% - 49% $2,255 $5,400 $12,100

50% + $2,725 $5,590 $14,050

Substantive Violation Fine Schedule% of violations based on total number of I-9s

1st Offense$110 - $1,100

2nd Offense$110 - $1,100

3rd Offense +$110 – $1,100

0% - 9% $110 $550 $1,100

10% - 19% $275 $650 $1,100

20% - 29% $440 $750 $1,100

30% - 39% $605 $850 $1,100

40% - 49% $770 $950 $1,100

50% + $935 $1,100 $1,100

In a nut shell

Employee completes Section 1 by no later than their first day of employment We cannot have someone complete the Form I-9 unless they

have accepted a job offer Employer completes Section 2 by no later than the fourth day

from the employee’s first day of employment Employee must provide documentation from the Lists of

Acceptable Documents If the employee cannot provide the necessary documentation by

that fourth day, they can no longer work Make a copy (front & back) of the documentation used and

staple it to the employee’s I-9 and send it to HR The person who completes Section 2 must be the same

person who completes the Certification

Questions? Please refer to the USCIS link below for

additional information or to download the new Form I-9 or the M-274 Handbook for Employers.

www.uscis.gov/I-9Central