Form I-9 & E-Verify Compliance

Similar documents
Who s Eyeing your Forms I-9

Who s Eyeing your Forms I-9

Form I-9 and E-Verify Mistakes Big or Small Avoid them All!

Form I-9 Compliance: 2016 Update. November 17, 2016

Form I-9 Employment Eligibility Verification.

VERIFICATION DIVISION. Form I-9. Employment Eligibility Verification.

8/15/2016. Immigration law can be complex and it is not possible to describe every aspect of the process. This presentation provides basic

WTF? ANOTHER NEW Form I-9? Compliance By September 17, Form I-9 1. Disclaimer

The Real Deal on Form I-9 and It s Companion: E-Verify

Executive Summary Revised Form I-9 Teleconference May 07, 2013

Homeland Security Investigations. IMAGE Form I-9 Training

Handbook for Employers M-274

Instructions for Employment Eligibility Verification

Instructions for Employment Eligibility Verification

Form I-9. Presented by the Payroll Department

DEPARTMENT OF HOMELAND SECURITY. U.S. Citizenship and Immigration Services. [CIS No ; DHS Docket No.: USCIS ]

Handbook for Employers

The NEW I-9:Are You Ready?

Handbook for Employers

Handbook for Employers

Understanding Form I-9 & What You Should

H-2A Agricultural Temporary Worker Final Rule

Part Eight Acceptable Documents for Verifying Employment Authorization and Identity

Handbook for Employers

DEPARTMENT OF HOMELAND SECURITY. U.S. Citizenship and Immigration Services. [CIS No ; DHS Docket No. USCIS ] RIN 1615-ZB60

Employment Authorization Document (EAD) Application Guide for J-2 Dependents

STEM OPT Information and Application Workshop

11 Document Renewals and Replacements

Questions and Answers

GUIDELINES FOR FILING ADJUSTMENT OF STATUS APPLICATIONS

Frequently Asked Questions (FAQs) and Answers for HISD Teachers

DHS does not define compelling circumstances but provides 4 examples: - Serious illness and disabilities;

Documents Required for the H-1B Process

Employment Authorization Document (EAD) Application Guide for J-2 Dependents

Optional Practical Training (OPT) 24-Month STEM Extension MCCULLOCH CENTER FOR GLOBAL INITIATIVES MOUNT HOLYOKE COLLEGE

The University of California. Change of Status to F-1 or J-1 (for Students)

Instructions for Request for Premium Processing Service

United States USCIS Final Rule Contains Significant Changes for AC21 Provisions

DEPARTMENT OF HOMELAND SECURITY. U.S. Citizenship and Immigration Services. [CIS No ; DHS Docket No. USCIS ] RIN 1615-ZB74

6100 Fairview Road, Suite 200 Charlotte, NC P Presented to: UNCC Students April 13, 2018

Handbook for Employers

SUBJECT: Extension of Status for T and U Nonimmigrants (Corrected and Reissued)

TN VISA STATUS EMPLOYEE CHECKLIST & QUESTIONNAIRE

Affidavit of Support

o Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), Public Law No , 119 Stat.

NW Regional Immigration Law Conference March 16, The Position = A Specialty Occupation

Application For Employment Authorization

M-274 Handbook for Employers (January 5, 2011 and June 1, 2011 Revisions)

H-1B Fiscal Year (FY) 2011 Cap Season

Optional Practical Training (OPT) Seminar

E-3 EMPLOYEE CHECKLIST & QUESTIONNAIRE

Travel During The Holidays: How To Avoid The Immigration Trap. October 13, 2010 Murali Bashyam and Tina Huber Bashyam Spiro LLP

Frequently asked questions Adjustment of status

Optional Practical Training (OPT)

Common Visa documents that are acceptable for I-9 forms

The Role of the Civil Surgeon

Title USCIS Fee Biometrics Fee

TABLE OF CHANGES INSTRUCTIONS Form I-907, Request for Premium Processing Service OMB Number: /19/2017

USCIS Update Dec. 18, 2008

START HERE - Type or print in black ink. Receipt. 1. Legal Name of Employer: a. Last Name (Family Name) b. First Name (Given Name) c.

PREPARING YOUR CLIENT FOR AN ADJUSTMENT OF STATUS INTERVIEW WITH USCIS

CBP/AILA Liaison Meeting Questions and Answers* Meeting February 18, 2010

I-765 Application Guidelines. For STEM OPT

Change of Status to F-1. International Student and Scholar Services

Below are tips to ensure that your Form I-140 petition is accepted for processing:

O-1 EMPLOYEE CHECKLIST & QUESTIONNAIRE

O, P, Q VISA CLASSIFICATION OVERVIEW

Petition for a Nonimmigrant Worker

OPTIONAL PRACTICAL TRAINING FOR GRADUATE STUDENTS ON AN F-1 VISA

24-Month STEM Optional Practical Training (OPT) Extension

Employment may not commence until you have physically obtained your EAD.

Employment Authorization Document and Travel Document

F-1 EMPLOYMENT: Optional Practical Training (OPT) Workshop

Major Changes in the World of Seasonal Visas

F-1 Post-Completion Optional Practical Training. INTERNATIONAL STUDENTS AND SCHOLARS OFFICE Columbia University

Immigration Documents Commonly Used by Lawfully Present Immigrants eligible for Coverage under the Affordable Care Act (ACA)

IMMIGRATION SPOTLIGHT MAY 31, 2012 ISSUE 121

DHS Questions & Answers from CIS Ombudsman's Teleconferences

TABLE OF CHANGES INSTRUCTIONS Form I-765, Application for Employment Authorization OMB Number: /18/2017

USCIS Publishes Interim Final Rule on Adjustment of Status for U Nonimmigrants By Sarah Bronstein December 2008

Optional Practical Training- STEM Extension Revised 01/2017

Instructions for Application to Extend/Change Nonimmigrant Status

Supplemental Qs and As Part 1 Special Immigrant Religious Workers (I-360 petitions)

Important Information for International Seniors. Oklahoma Baptist University International Student Services Office (ISSO)

STEM OPT Extension Online Workshop. Emory International Student and Scholar Services

NMD April 2013 Webinar: Customs and Border Protection Practice Tips

The Ingredients to a Successful Change of Status Application. Presentation Structure

ICE. Student and Exchange Visitor Program. SEVP Developments. Office of Investigations SEVP

GREEN CARD BASED ON MARRIAGE TO USC. June 17, 2015 University of Michigan

Basic Immigration Law 2015

Instructions for Supplement A to Form I-485, Adjustment of Status Under Section 245(i)

Business Immigration Monthly

CLUE: HOW TO NAVIGATE EMPLOYMENT BASED IMMIGRATION- PERM-BASED I-140 PETITIONS

Draft Not for Reproduction 08/26/2016

1. Please tell us about new features, functions or information that you made available on the new website for the first time?

TABLE OF CHANGES INSTRUCTIONS Form I-539, Application to Extend/Change Nonimmigrant Status OMB Number: /09/2018

USCIS seeks your input on the interim policy memos listed below.

Last attended class on / / Renewal Authorizing Agent Training is required within twelve (12) months of your previous class date.

H-1B Visa-Beneficiary Data Collection Form

Salve Regina University. Optional Practical Training: Application Guide for OPT

Transcription:

Form I-9 & E-Verify Compliance www.uscis.gov/i-9central Dave Basham Agenda Form I-9 Tips and Common Mistakes Sections 1, 2 & 3 Best Practices / Updates Resources Carolinas 2018 Payroll Conference 10/4/2018 2 Immigrant and Employee Rights Section (IER) The anti-discriminationprovisionsof the INA are enforced by: Department of Justice CivilRights Division Immigrant and Employee Rights Section Employeesmay contact the Immigrant and Employee Rights Section (IER) to obtain additional informationregarding employmentdiscriminationand employeerightsand responsibilities* 1-800-255-7688 (TDD: 1-800-616-5525) Employersmayalso contactier* 1-800-255-8155 (TDD: 1-800-362-2735) *callers may remain anonymous See IER s Employer Dos and Don ts. Carolinas 2018 Payroll Conference 10/4/2018 3 1

Completing Form I-9 Pen-to-paper USCIS s Fillable Form Electronic I-9 Authorized Representatives (i.e. Notary) Carolinas 2018 Payroll Conference 10/4/2018 4 Form I-9 Common Mistakes Not entering N/A where required Not Completing Section 1 on first day of pay Employer/Authorized Rep - fills out, and signs, Section 2 Re-Verifying documents that are not required to do so Document discrimination / abuse Lack of internal training / self-audits Carolinas 2018 Payroll Conference 10/4/2018 5 Form I-9 Requirements All U.S. employers must have a Form I-9 on file for all current employees. The revised form has a revision date of July 17, 2017N. As of September 18, 2017, employers must use this revised form for all newly hired employees and any necessary reverification. Exception: Employers are not required to have Forms I-9 for employees hired on or before November 6, 1986. You may delegate the authority to complete Form I-9 to a responsible agent, however, you will retain liability for any errors. Carolinas 2018 Payroll Conference 10/4/2018 6 2

Completing Form I-9 Carolinas 2018 Payroll Conference 10/4/2018 7 Lists of Acceptable Documents Use MOST CURRENT Form I-9 VERSION, 07/17/17 N You must make the Lists of Acceptable Documents available to your EMPLOYEE when he or she is completing the Form I-9 The EMPLOYEE MUST provide: One document from List A OR One document from List B AND one document from List C Carolinas 2018 Payroll Conference 10/4/2018 8 Section 1: Employee Information To be completed by EMPLOYEE. Employer MUST verify Section 1 is COMPLETE. Carolinas 2018 Payroll Conference 10/4/2018 9 3

Section 1: Employee Attestation The EMPLOYEE MUST select one of the four categories and sign and date Section 1 of Form I-9. All employees must complete Section 1 no later than the first business day of employment for pay. Carolinas 2018 Payroll Conference 10/4/2018 10 Section 1: Preparer/Translator (P/T) Certification This certification is required when Section 1 is prepared by someone other than the employee. Employees must check the first box if they don t use a preparer or translator. Ifthe firstboxis checked, no entriescan be madein the fields as the checkboxis equivalent to stating N/A. If the employee uses a P/T, the P/T must check the second box in this section, then choose from the drop-down menu the number of preparers and translators used. Ifthe dropdownindicatesmorethan one P/T, the formautomatically generatesan extra page to enter up to fourmorep/ts P/Tsmustsignand date the areas by hand. Ifthe formis beingcompletedon paper, P/Ts may use the supplementonthe FormI-9 downloadpage to enter multiple P/Ts Carolinas 2018 Payroll Conference 10/4/2018 11 Section 2: Employer Certification of Document Review Completing Section 2 Completed by EMPLOYER. MUST be completed no later than 3 business days after the employee begins work for pay. EMPLOYER MUST examine original documents. Documents MUST be UNEXPIRED. Carolinas 2018 Payroll Conference 10/4/2018 12 4

Section 2: Examining Documents You are not required to be a document expert You MUST accept a document presented by an employee if it: Reasonably appears to be genuine; AND, Relates to the individual presenting it The document MUST be original* photocopies are NOT acceptable *Exception: Certified copy of a birth certificate Carolinas 2018 Payroll Conference 10/4/2018 13 Redesigned Green Cards and Employment Authorization Documents As of May 1, 2017, the Permanent Resident Card (Form I-551) and Employment Authorization Document (Form I-766) have been redesigned with: Enhanced graphics and fraud-resistant security features A unique graphic image and color palate Green Cards will have an image of the Statue of Liberty and a predominately green palette EAD cards will have an image of a bald eagle and a predominately red palette Permanent Resident Card Visit I-9 Central>News Releases for more information Employment Authorization Document Carolinas 2018 Payroll Conference 10/4/2018 14 Employment Authorization Document (EAD) Auto-Extension Effective Jan 17, 2017 Rule for Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Auto-extends validity period of certain EADs for up to 180 days Employers use expired EAD with Form I-797C Form I-9 guidance: Handbook for Employers (M-274) and Auto-Extended EAD Fact Sheet Visit I-9 Central for more information Carolinas 2018 Payroll Conference 10/4/2018 15 5

Section 2: Receipt Rule There are only three type of acceptable receipts: 1. A receipt showing that your employee has applied to replace a document that was lost, stolen or damaged. Employee mustpresenta replacementdocumentwithin 90days of the hire date. You cannot acceptreceiptif employmentis less than 3 days. 2. The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual. Receiptis valid until the expiration date onthe stamp, or one year afterthe issuance date if the stamp doesnotcontainan expirationdate. Employee mustshowyou their PermanentResidentCard (I-551) uponexpiration. 3. The departure portion of the Form I-94/I-94A with a refugee admission stamp or computer-generated printout of Form I-94 with admission code RE. Employee mustpresentan EAD orlistb documentand unrestrictedsocialsecurity Card within 90 days of the hire date. Carolinas 2018 Payroll Conference 10/4/2018 16 Section 2: Copying Documents You may choose to make copies of employee documentation presented to you for Section 2. If you choose to photocopy documents, you must do so for ALL employees, regardless of actual or perceived national origin, immigration or citizenship status, or you may be in violation of anti-discrimination laws. Carolinas 2018 Payroll Conference 10/4/2018 17 Section 3: Reverification & Rehires You MUST reverifyan employee using Section3if his or her temporary employment authorization has expired. You MAY also completesection3 if you: Rehire the EMPLOYEE within 3 years of the date of initial execution of the Form I-9* Update the biographic information of an employee * USCIS recommendscompletinga newform I-9 for rehires Carolinas 2018 Payroll Conference 10/4/2018 18 6

Section 3: When to Reverify Carolinas 2018 Payroll Conference 10/4/2018 19 Correcting Form I-9 Correcting Mistakes If you discover a mistake on Form I-9, correct the existing form OR prepare a new Form I-9: If you choose to correct the existing Form I-9, line out the incorrect portions, enter the correct information, and initial and date the correction. If you do a new Form I-9, retain the old form. You should also attach a short memo to both the new and old Forms I-9 stating the reason for your action. Missing Forms If you discover you are missing the Form I-9 for an employee: Provide the employee with a Form I-9 Complete the Form I-9 as soon as possible DO NOT backdate the Form I-9. Carolinas 2018 Payroll Conference 10/4/2018 20 Retention Forms I-9 must be retained for: or Example: 3 years after the date you hire an employee 1 year after the date employment terminates, whichever is later. John Smith was hired on November 1, 2016, and on July 5, 2018, employment was terminated. November 1, 2016 + 3 years = November 1, 2019 July 5, 2018 + 1 year = July 5, 2019 The retention date is November 1, 2019 Carolinas 2018 Payroll Conference 10/4/2018 21 7

Best Practices Training, Training, Training SOPs / Policies (Keep it Simple!) Department of Justice, Civil Rights Division Immigrant & Employee Rights Section (800) 255-8155 Form I-9 website (I-9 Central) E-Verify website: www.e-verify.gov www.uscis.gov/i-9central USCIS, VER DIV - Employer Hotline: (888) 464-4218 Carolinas 2018 Payroll Conference 10/4/2018 22 Future Changes / Updates What s New on I-9 Central and E-Verify websites Subscribe to E-Verify Connection Newsletter Confirm vs. Well, I heard.. Have us conduct a free webinar or live presentation Dave Basham dave.basham@uscis.dhs.gov Carolinas 2018 Payroll Conference 10/4/2018 23 Resources Carolinas 2018 Payroll Conference 10/4/2018 24 8

E-Verify Outreach Free Customized Webinars Content for your newsletters Authorization to use the E-Verify Logo and Name and I E-Verify Seal Add E-Verify to your job announcements Example: Our company uses E-Verify to confirm the employment eligibility of all newly hired employees. To learn more about E-Verify, including your rights and responsibilities, please visit: www.e-verify.gov/ Carolinas 2018 Payroll Conference 10/4/2018 25 Customer Service E-Verify received one of the highest customer service ratings among federal agencies according to the 2016 American Customer Satisfaction Survey. Employer Hotline: (888) 464-4218 Employee Hotline: (888) 897-7781 Form I-9 E-Mail: I-9Central@uscis.dhs.gov E-Verify E-Mail: E-Verify@dhs.gov Form I-9 Website: www.uscis.gov/i-9central E-Verify Website: www.e-verify.gov Carolinas 2018 Payroll Conference 10/4/2018 26 Disclaimer Immigration law can be complex and it is not possible to describe every aspect of the process. This presentation provides basic information to help you become generally familiar with rules and procedures. For more information on the law and regulations please see our Web site: www.e-verify.gov Carolinas 2018 Payroll Conference 10/4/2018 27 9