I-9 and E-Verify Training

06.17.15

Agenda

• Background

• I-9 Form Overview

• E-Verify Overview

• Tentative NonConfirmation Process

• Sterling System Training

• Q&A

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Background

• 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

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• Individuals who may legally work in the United States are:

» Citizens of the United States» Noncitizen nationals of the United States» Lawful Permanent Residents» Aliens authorized to work

• Form I-9 was designated as the means for an employer to document they’ve verified an employee is eligible to work in the U.S.

Employment Verification

• To Comply with the employment eligibility verification provisions, an employer must:» 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.

• Rules have changed over the years» Form I-9 has been revised multiple times since its inception.

» Each I-9 form has an expiration date and once the form expires, the older version of the form can no longer be used.

» Effective December 17 2008, expired documents became no longer acceptable forms of ID

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Form I-9 Requirements

• All U.S. employers must have a Form I-9 on file for all current employees» Exception: Employers are not required to have a Form I-9 for employees hire

on or before November 6, 1986

• You are NOT required to complete Form I-9 for:» Independent contractors

» Employees working outside the United States. United States includes: 50 States, District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

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Penalties

• The U.S. Immigration and Customs Enforcement (IRCA) includes penalties for I-9 noncompliance:» According to the I-9 form, "federal law provides for imprisonment and/or fines for false

statements or use of false documents in connection with the completion of this form." An employer who hires an unauthorized worker can be fined between $250 and $5,500 per worker. In addition, such an employer can be barred from federal government contracts for a year. An employee who knowingly accepts fraudulent documentation can also be criminally prosecuted under other immigration laws.

• An employer who fails to keep proper records that I-9s are properly filed:» Can be fined $110 per missing item for each form, up to $1,100 per form, even if the

employee is legally authorized to work in the US.

» Since 2009, Immigration & Customs Enforcement (ICE) has conducted over 7,500 audits and imposed over $80 million in fines. In 2011 alone, ICE conducted 2,740 audits and assessed over $7 million in fines.

• An individual who knowingly commits or participates in document fraud may:» Be fined between $375 and $3,200 per document for the first offense, and between $3,200

and $6,500 per document for subsequent offenses.

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Form I-9

Employee

completes

Section 1 of the I-9 form

in the Sterling

site either

prior to or on

their first day of work.

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Form I-9

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Employer

completes

Section 2 of the I-9 form

in the Sterling

site within

3 business days of the employee’s hire date.

Acceptable Documents

• A complete list of the documents that are acceptable to establish employment eligibility can be found on the USCIS website:

http://www.uscis.gov/i-9-central/acceptable-documents » The IDs must be presented on the employee’s first day of work, no later than

the 3rd business day after hire

» The employer must examine the documents presented to ensure:

• Documents are the originals (copies are NOT acceptable).

• Documents are unexpired

» If the employee does not present ID(s) that meet this criteria within the required timeframe, they must be terminated at the end of their third day of work.

» Copies of the documents should NOT be retained.

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Receipt Rule

• Receipts may be used as temporary proof of employment eligibility when the document has been lost, stolen or damaged.» The receipt must be issued by the originating agency

» The employee must present a replacement document within 90 days of the hire date.

• If Section 2 of the I-9 is completed using a receipt, the Sterling system will send a re-verification reminder to update the I-9 with the ID the employee received.

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Reverification and Rehires

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• The employee must be reverified using Section 3 if his or her temporary employment authorization has expired.

• You may complete section 3 if you Rehire the employee within 3 years of the date of initial execution of the Form I-9» It is recommended a new Form I-9 be completed for rehires, but completing

Section 3 is allowable

» If the I-9 form is no longer available, a new I-9 form must be completed for rehired employees.

About E-Verify

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Submitting an E-Verify Case

• Once you’ve completed an I-9 form in the Sterling site, there is a link at the bottom of the form to “Submit E-Verify”. This creates the E-Verify Case:

» E-Verify compares the information entered on the Form I-9 with the information contained in the Social Security Administration (SSA), Department of Homeland Security (DNS), and U.S. Department of State (DOS) records.

» E-Verify cannot be run when an employee has presented a receipt for their I-9. The E-Verify case must be run once the employee presents the original ID within 90 days of hire.

» If you discover that an E-Verify case was not completed within 3 days of hire, you must immediately submit the E-Verify case to bring the company into compliance, and enter the reason why the case was not created within 3 days of hire.

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E-Verify Initial Case Results

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E-Verify Tentative NonConfirmation

• When the Initial Case Result is Tentative NonConfirmation (TNC), additional steps are required:» A Further Action Notice will generate in the Sterling system. This notice should be

printed, and presented to the employee in a confidential setting. The Further Action Notice explains what a TNC is and explains how to visit or contact an SSA or field office or DHS.

» The employee must be given the opportunity to contest the TNC result. If they choose to contest:• Indicate this in the Sterling system. Once that’s done, a second letter will generate that should

be given to the employee. The second letter will provide them with contact information and timeframe required to correct the TNC. The employee will have 8 federal government workdays to correct the TNC.

» If the employee chooses not to contest, the employee must be terminated at that time.

IMPORTANT: if the employee contests the TNC, no adverse action may be taken until the final result is received from E-Verify.

» E-Verify will update the case with a final result, indicating whether they’ve been able to confirm the employee’s work authorization.

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E-Verify Final Case Results

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Closing the Case

• Once an Employment Authorized result is received, don’t forget to close the case!» You will be asked two questions before you will be able to close the case

1) Yes, the employee will continue their employment

2) Yes, the employee continues to work for the employer after receiving an employment authorized result

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Employers Must NOT

• Employers participating in E-Verify MUST NOT:» Use E-Verify to prescreen an applicant for employment. E-Verify must be

completed after an employee has begun work.

» Take any adverse action against an employee based upon case result unless E-Verify issues a final nonconfirmation.

» Specify or request which Form I-9 documentation an employee must use. An employee must be allowed to present any allowable document.

» Use E-Verify to discriminate against ANY job applicant or new hire on the basis of his or her national origin, citizenship or immigration status.

» Selectively verify the employment eligibility for a newly hired employee. ALL new hires in the U.S. must have the E-Verify run.

» Share their user ID and/or password.

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Sterling InfoSystems

• The site to be used for processing I-9 Forms and E-Verify Cases is:

https://www.formi9.com/FormI9Verify/B2BPortalLogin.aspx?AlliancePartnerID=SterlingWest&AlliancePartnerLogin=SWestlogi9&AlliancePartnerPassword=SterlingWi9pw

• The Sterling system includes error detection so that every I-9 form completed in the system includes all required fields filled in correctly, ensuring the I-9 form is in compliance.

• Sterling is responsible for retaining the I-9 form for the required retention timeframe after an employee leaves the company. HRSS provides them with the termination dates to update the system- no action required from HR or the I-9 processor.

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Sterling System Demo/Refresher

• Let’s process a sample I-9 Form and E-Verify Case:

https://www.formi9.com/FormI9Verify/B2BPortalLogin.aspx?AlliancePartnerID=SterlingWest&AlliancePartnerLogin=SWestlogi9&AlliancePartnerPassword=SterlingWi9pw

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Process

• The I-9 and E-Verify process can be found on the HR Knowledgebase: http://www.go2uti.com/hr-helpdesk

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Questions?

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