I 94 ins and out presentation

FORM I‐9 THE LEGAL IN'S & OUT'S

Tulio. G. Suarez, Esq.Henderson, Franklin, Starnes & Holt, P.A.

FORM I‐9 : THE LEGAL IN'S & OUT'SWhat is the Form I‐9?

What is the Form I‐9 ?


• All U.S. employers must complete and retain a Form I‐9 for each individual they hire for employment in the United States after November 6, 1986– Includes citizens and noncitizens


• On the form, the employer must:– Examine the employment eligibility and

identity document(s) an employee presents

– Determine whether the document(s) reasonably appear to be genuine and relate to the individual

– Record the document information on the Form I-9

FORM I‐9 : THE LEGAL IN'S & OUT'SNew Form I‐9

New Form I‐9


• On March 8, 2013, USCIS released a new Employment Eligibility Verification‐Form I‐9.– Every three years USCIS is required to

renew Form I-9.– During the current renewal process USCIS

received over 6000 comments to the new revised form.


• Employers must use the new Form I‐9 with revision date 03/08/13 for all new hires.– The revision date is on the lower left of the new form (Rev. 03/08/13)N.

– The revisions to Form I–9 contain formatting changes and the inclusion of additional data fields.

– A copy of the new form and instructions are included in your materials.


– In the cases of re‐verification or rehires the new version of the Form I‐9 (Rev. 03/08/13)N must be used.

– Employers who fail to use the new Form I–9 may be subject to all applicable penalties under section 274A of the INA (8 U.S.C. 1324a) as enforced by U.S. Immigration and Customs Enforcement (ICE) and U.S Department of Justice (DOJ).


• Some of the changes to the I‐9 include:– Form I‐9 is now two pages, not including:

• Form Instructions (now 6 pages); – Expanded instructions on how to fill out Sections 1, 2 & 3.

» Must provide employees with instructions.» Yous should still refer to Handbook for Employers, Guidance for Completing the Form I‐9 (M‐274) & I‐9 Central website.

• List of Acceptable Documents.– List C: Lists types of SS # cards not acceptable.


– Fields broken into blocks to make clearer what information needs to be entered.

– 3‐D bar code spaces to the right of fields.• These are place holders for future

technology improvements.» Do not write in these spaces.

– Certification in Section 2 clarified so employer knows exactly what they are attesting to.


• I-9 Process:


• New fields in Section 1 for:– e‐mail address and phone number.

• The telephone number and e‐mail address are considered optional fields.– If employees choose not to provide this information, they may write “N/A” instead.

– foreign passport .• Applicable only where employee provides I‐94 admission number issued by U.S. Customs and Border Protection (“CBP”).


• Section 1 is completed by the employee:– The Employee must provide identifying information:» Name, including other names used» Address» Date of Birth» U.S. Social Security Number (voluntary)» Email address (optional)» Telephone number (optional)


• The employee must attest to one of the following:– He/she is a citizen of the United States (USC)– He /she is a noncitizen of the United States– He/she is a lawful permanent resident (LPR) of the United States» Must enter Alien Registration Number

– He/she is an alien authorized to work» Cannot be LPR


» Cannot be USC or LPR» Must list date that employment authorization expires» Must enter Alien Registration Number (A‐Number) /

USCIS Number or I‐94/Admission Numbero A‐Number: letter A followed by Nine digit number o Same nine digit number without the letter A.o I‐94/Admission number is issued either:

at the time of admission to the U.S. by U.S. Customs and Border Protection (CBP) or

subsequently within the U.S. by USCIS.

DEVELOPMENTS IN IMMIGRATION LAW:New Form I‐9

• Employee must complete Section 1 by the date of hire:– Meaning the first day of employment in exchange for wages or

other renumeration.– Date of hire is not date when job is offered.

• Employees can have help completing Section 1, including using a translator.

• Your employee must sign the form even if a preparer or translator helps them.


• The preparer or translator who helps your employee must provide his or her name and address and must sign and date the certification on the form. If more than one preparer or translator is used, have the additional

preparers or translators fill out the certification on additional Forms I-9 and attach the forms to the initial Form I-9.

The date your employee enters next to his or her signature should match the date the preparer/translator signed the form.


• Employer Responsibilities for Section 1– You must:

• Review the information your employee provided in Section 1.

• Ensure that your employee provided information in all required fields.

– (Note: Your employees are not required to provide a Social Security number in Section 1. However, a Social Security number may be required if you use E-Verify.)


• Employer Responsibilities for Section 1 (cont.)– You must:

• Ensure your employee signed and dated the form.

• Ensure the Preparer/Translator section has been completed, signed, and dated if your employee used a preparer/translator.


• Employer Responsibilities for Section 1 (cont.)– In addition:

• You should note whether your employees indicated in Section 1 that their employment authorization will expire.

• You may need to reverify your employee’s authorization when his or her employment authorization expires.


• Employer Responsibilities for Section 1 (cont.)

– You may want to remind your employees, at least 90 days before their employment authorization expires and that they will need to present a List A or List C document to show continued employment authorization for reverification purposes.

– Employees must present these documents on or before the date their current employment authorization expires.


• New fields in Section 2 for:– Additional fields for List A documents:

• E.g. Students in Curricular Practical Training (CPT).

– Field headings for List B and List C documents.


• Employers must complete and sign Section 2 of Form I‐9 within three business days of the date of hire of their employee (the hire date means the first day of work for pay). – For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.

• If the job lasts less than three days, you must complete Section 2 no later than the first day of work for pay.

• Employee Responsibilities for Section 2: – Employees must present unexpired original

documentation that shows the employer their identity and employment authorization.

• Your employees choose which documentation to present.

• Employees must present:– One selection from List A; or– One selection from List B in combination with one

selection from List C.


• Employer Responsibilities for Section 2: – An employer or an authorized representative

of the employer completes Section 2.• Employers or their authorized representatives

must physically examine the documentation presented and sign the form.


– The employer or authorized representative must:

• Ensure that any document your 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 your employee presenting it.

– If you determine the document does not reasonably appear to be genuine and relate to your employee, you should allow your employee to present other documentation from the List of Acceptable Documents.

• .


• Enter your employee’s Last Name, First Name and Middle Initial (if provided) from Section 1.

• Enter the document title, issuing authority, number(s) and expiration date (if any) from the original document(s) your employee presented.

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

• Enter the name, signature and title of the person completing Section 2, as well as the date he or she completed Section 2.


• Enter the employer’s business name and address.

– If your company has multiple locations, use the most appropriate address that identifies the location of the employer with respect to the employee and his or her Form I-9 completion (e.g., the address where the Form I-9 is completed).

• Return the documentation presented back to your employee.


• Section 2: The Date the Employee Began Employment: – The date your employee began employment may be a current, past or future date. You should enter:• A current date

– If Section 2 is completed the same day your employee begins employment for wages or other remuneration.


• A past date – If Section 2 is completed after your employee began employment for wages or other remuneration. » Enter the actual date your employee began employment for wages or other remuneration.

• A future date – If Section 2 is completed after the employee accepts the job offer but before he or she will begin employment for wages or other remuneration, enter the date the employee expects to begin such employment. » If the employee begins employment on a different date, cross out the expected start date and write in the correct start date. Date and initial the correction.


• The documents on List A show both identity and employment authorization. – Employees presenting a List A document should not be asked to present any other document.

– Some List A documents are in fact a combination of two or more documents. In these cases, the documents presented together count as one List A document.

• The documents on List B show identity only. – Employees who choose to present a List B document must also present a document from List C for Section 2.


• The documents in List C show employment authorization only. – Employees who choose to present a List C document must also provide a document from List B for Section 2.



*Unrestricted Social Security cards that are acceptable List C documents are only issued to:

• U.S. citizens• Noncitizen National of the

United States• Lawful permanent residents• Refugees• Asylees• Citizens of the Republic of

Marshall Islands, the Federated States of Micronesia, or the Republic of Palau admitted under a Compact of Free Association

• Canadian-born American Indians

• Mexican-born Kickapoo Indians

• Receipts– Sometimes, your employee will present a

"receipt" in lieu of a List A, List B, or List C document.

– An acceptable receipt is valid for a short period of time for completion of Section 2 or Section 3 (reverification) of Form I-9.

– You cannot accept receipts if employment will last less than three days.


– There are only three types of acceptable receipts:

• A receipt showing that your employee has applied to replace a document that was lost, stolen or damaged.

– Your employee may present a receipt for the application for the replacement of any List A, List B, or List C document. This receipt is valid for 90 days.

– When it expires, the employee must show you the replacement document for which the receipt was given.


• The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual

– A lawful permanent resident may present this List A receipt instead of showing their Permanent Resident Card (Form I-551) to show evidence of both identity and employment authorization.

– This receipt is valid until the expiration date on the stamp, or one year after the issuance date if the stamp does not contain an expiration date.

– When it expires, your employee must show you their Permanent Resident Card (Form I-551).


• Departure portion of Form I-94/I-94A with a refugee admission stamp

– A refugee may present this List A receipt to show evidence of both identity and employment authorization.

– This receipt is valid for 90 days.– When the receipt expires, your employee must show

the employer either an Employment Authorization Document (Form I-766) or a combination of a List B document and an unrestricted Social Security card.


– When your employee provides an acceptable receipt, you should:

• Record the document title in Section 2 under List A, List B or List C, as applicable.

• Write the word “receipt,” the document title and number and the last day that the receipt is valid.


– After the receipt expires, you should:• Cross out the word “receipt” and any

accompanying document number.• Record the number and other required document

information from the actual document presented.• Initial and date the change.


• The Handbook for Employers, Guidance for Completing the Form I‐9 (M‐274), has also been updated to include information about the revised Form I‐9 (Rev. 04/30/13)N.


• The name of the Handbook has also changed slightly.– The word “Guidance” has replaced “Instructions.”

• Helpful new images have been added to illustrate how employees and employers can complete Section 1‐3 of the new form.


• You will also find updated guidance on:– Recording legal changes of name:

• During rehiring or re‐verification:– if an employee has had a legal change of name (e.g. marriage), record the employee’s name change in Section 3.

• At a time other than during rehire or re‐verification:– Prior guidance indicated that employers are not required to update Form I‐9 when an employee changes name, but recommended that you maintain correct information on Form I‐9.

– USCIS now recommends that you update Form I‐9 with the new name in the space provided in Section 3 of form I‐9.


• In either situation, employers should take steps to be reasonably assured of the employee’s identity and veracity of name change.

– Handling changes to other identity information in Section 1 of Form I‐9:• Should complete a new form I‐9 using current version.• Write the original hire date in Section 2, and attach the new Form I‐9 to the previously completed Form I‐9 along with a written explanation.


FORM I‐9 : THE LEGAL IN'S & OUT'SI‐9 Records Inspections

I‐9 RECORDS INSPECTIONS

– Government enforcement efforts are in the form of inspections or investigations conducted by:• U.S. Department of Homeland Security’s (DHS)

– Homeland Security Investigations (HSI) a directorate within DHS’s principal investigative arm, Immigration and Customs Enforcement (ICE); and


• The U.S. Department of Labor (DOL)– Wage and Hour Division (WHD)– Office of Federal Contract Compliance Programs



• Penalties for I‐9 paperwork violations can range from $110 to $1,100 per employee

• Fines for knowingly hiring undocumented workers can reach $11,000 for each worker• Violations occurring on or after March 27, 2008 are

subject to a maximum fine of $16,000

• Penalties for pattern and practice of unlawful hiring = maximum penalty of six months and $3,000 fine


Questions?

Thank you!

Tulio G. Suarez, Esq.Florida Board Certified in U.S.

Immigration and Nationality [email protected]

(239) 344-1177

I 94 ins and out presentation

Law

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