I-9

What does hire mean in form I-9?

"Hire" means the beginning of employment in exchange for wages or other remuneration. The time of hire is noted on the form as the first day of employment. Employees may complete Section 1 before the time of hire, but no earlier than acceptance of the job offer.

Where can I go to enroll in E-verify?

https://www.e-verify.gov/ which provides instructions for completing the enrollment process. For more information, contact E-Verify at 888-464-4218, or visit the website listed above.

USCIS form request toll-free line:

1-800-870-3676

Section 1) Row 4) A noncitizen national of the United States:

An individual born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad.

Section 1) Row 4) A lawful permanent resident:

An individual who is not a U.S. citizen and who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. This term includes conditional residents. Asylees and refugees should not select this status, but should instead select "An alien authorized to work" below. Employees who select this box should enter their seven to nine-digit Alien Registration Number (A-Number) or USCIS Number in the space provided. The USCIS Number is the same as the A-Number without the "A" prefix.

Section 1) Row 4) An alien authorized to work:

An individual who is not a citizen or national of the United States, or a lawful permanent resident, but is authorized to work in the United States. For example, asylees, refugees, and certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau should select this status.

Section 2) Row 1)

At the top of Section 2, enter the employee's last name, first name, and middle initial exactly as this information was entered in Section 1. Enter the number that correlates with the citizenship or immigration status box the employee selected in Section 1.

What language is the I-9 form available?

Form I-9 is available in English and Spanish. Employers in the United States and U.S. territories may use the Spanish version of Form I-9 as a translation guide for Spanish-speaking employees, but must complete and retain the English version. Employers in Puerto Rico may use either the Spanish or the English version of Form I-9 to verify new employees.

Section 1) Row 1)

Have employees with two last names (family names) include both in the Last Name field. Employees who hyphenate their last names should include the hyphen (-) between the names. Employees with only one name should enter it in the Last Name field and enter "Unknown" in the First Name field. "Unknown" may not be entered in both the Last Name and the First Name fields.

When should the I-9 section 1 be completely filled out?

Have the employee complete Section 1 at the time of hire (by the first day of their employment for pay) by filling in the correct information and signing and dating the form. If the employee enters the information by hand, ensure that the employee prints the information clearly.

Section 1) Row 1)

Have the employee enter their full legal name and other last names that they have used in the past or present (such as a maiden name) if any.

Section 1) Row 1) What if an employee has other legal names/has used other names?

Have the employee enter their maiden name or any other legal last name they may have used in the Other Last Names Used field. Enter "N/A" if the employee has not used other last names.

Section 1) Row 1) What if an employee does not have a middle initial?

Have the employee enter their middle initial in the Middle Initial field. Enter "N/A" if the employee does not have a middle initial.

What if an employee makes errors in Section 1?

Have the employee make any necessary corrections and initial and date them.

Section 1) Row 4) Warning and attest to their citizenship

Have the employee read the warning and attest to their citizenship or immigration status by checking one of the following boxes provided on the form: A citizen of the United States A noncitizen national of the United States: An individual born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. A lawful permanent resident: An individual who is not a U.S. citizen and who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. This term includes conditional residents. Asylees and refugees should not select this status, but should instead select "An alien authorized to work" below. Employees who select this box should enter their seven to nine-digit Alien Registration Number (A-Number) or USCIS Number in the space provided. The USCIS Number is the same as the A-Number without the "A" prefix. An alien authorized to work: An individual who is not a citizen or national of the United States, or a lawful permanent resident, but is authorized to work in the United States. For example, asylees, refugees, and certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau should select this status.

Section 1) Row 5)

Have the employee sign and date the form, entering the date in Section 1 as a two-digit month, two-digit day, and four-digit year (mm/dd/yyyy).

Can the new hire complete Section 2?

It is not acceptable for the designated person to physically examine the employee's employment authorization and identity documents, and leave Section 2 for the new hire to complete.

Section 1) Row 3) Does an employee have to include their phone number or email?

It is optional for the employee to provide an email address and telephone number in Section 1. If the employee chooses to provide an email address, it should be entered in the [email protected] format. Employees who do not wish to enter an e-mail address or telephone number should enter "N/A" in these fields.

What if E-verify provides a tentative non confirmation of the employee's authorization?

It means that E-verify is unable to immediately confirm the employee's authorization to work in the United States.

If a different person examines a document, can they sign section 2?

Make sure the person who examines the documents is the same person who attests and signs Section 2

What is the purpose of employer sanction laws?

To ensure that the individuals who are being hired are legally allowed to work in the U.S.

What if an employee chooses to present documents from list B & C combination?

The list B (identity only) document must have a photograph.

What can't E-Verify be used for?

You may not use E-Verify to pre-screen applicants for employment, check employees hired before the company became a participant in E-Verify (except contractors with a federal contract that requires use of E-Verify), or re verify employees who have temporary employment authorization. You may not terminate or take other adverse action against an employee based on a tentative non confirmation.

Who must complete form I-9?

You must complete Form I-9 each time you hire any person to perform labor or services in the United States in return for wages or other remuneration. Remuneration is anything of value given in exchange for labor or services, including food and lodging. The requirement to complete Form I-9 applies to new employees hired after Nov. 6, 1986. This requirement does not apply to employees hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times.

What information do I need to input in section 2?

You must enter the document title, issuing authority, number, and expiration date (if any) in Section 2 from original documents supplied by the employee.

When should the I-9 section 1 be completely filled out by preparer/translator?

A preparer and/or translator may help an employee complete Form I-9. The preparer and/or translator must read the form to the employee, assist them in completing Section 1, and have the employee sign or mark the form where appropriate. The preparer and/or translator must then complete the Preparer and/or Translator Certification block. If the employee used multiple preparers or translator, each subsequent preparer and/or translator must complete a separate Preparer/Translator Certification block on a Form I-9 Supplement and attach the Supplement to the employee's form. At the time of hire (by the first day of their employment for pay)

Which federal sub-contracts apply to e-verify?

A subcontract based on a prime contract with the E-Verify clause which is for services or construction and has a value above $3000. Exception: Grants are not subject to the rule; only qualified federal contracts and subcontracts, as described above, are subject to the E-Verify requirement.

Which federal contracts apply to e-verify?

All federal contracts containing the FAR E-Verify clause. The federal contract must also have a value above $100,000; a performance period longer than 120 days; and the performance must be within the United States. Indefinite-delivery/indefinite-quantity (IDIQ) contracts that have been modified after the September 8, 2009 effective rule date on a bilateral basis, in accordance with FAR 1.108(d)(3), to include the clause for future orders. For IDIQ contracts, the remaining period of performance must extend 6 months after the final rule effective date, and the amount of work expected under the remaining performance period is "substantial."

Who needs E-Verify?

All hires, both U.S citizens and non citizens. E-verify may not be used selectively.

Section 1) Row 3) Does an employee have to include their social security number?

Employees may voluntarily provide a Social Security number unless the employer participates in E-Verify. If the employer participates in E-Verify and: The employee has been issued a Social Security number, they must provide it on Form I-9; or The employee has applied for, but has not yet received the Social Security number, have the employee leave this field blank. Employees who can satisfy Form I-9 requirements may work while awaiting their Social Security numbers.

Section 1) Row 3) How should employees enter their date of birth?

Employees should enter their date of birth as a two-digit month, two-digit day, and four-digit year: (mm/dd/yyyy) in this field. For example January 8, 1980 should be entered as 01/08/1980.

What section needs to be filled out on the I-9 form at the time of hire?

Ensure that the employee completes Section 1 of Form I-9 at the time of hire

Who is legally authorized to work in the U.S.?

Citizens, non citizen nationals, lawful permanent residents, and aliens authorized to work.

What steps do I need to take after completing the I-9 form?

Create a case in E-verify that includes information from Section 1 and 2 of Form I-9.

What is the abbreviation for Driver's License?

DL

What should I do if an employee presents a List A document?

Do not ask or require the employee to present List B or List C documents.

What should I do if an employee presents List B and List C documents?

Do not ask or require the employee to present a List A document.

What is E-Verify?

E-Verify is a system that provides access to federal databases to help employers confirm the employment authorization of new hires.

Is E-Verify mandatory?

E-Verify is a voluntary program. However, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in E-Verify as a condition of federal contracting. Employers may also be required to participate in E-Verify if their states have legislation mandating the use of E-Verify, such as a condition of business licensing. Finally, in some instances employers may be required to participate in E-Verify as a result of a legal ruling.

Section 1) Row 3)

Employees should enter their date of birth as a two-digit month, two-digit day, and four-digit year: (mm/dd/yyyy) in this field. For example January 8, 1980 should be entered as 01/08/1980. Employees may voluntarily provide a Social Security number unless the employer participates in E-Verify. If the employer participates in E-Verify and: The employee has been issued a Social Security number, they must provide it on Form I-9; or The employee has applied for, but has not yet received the Social Security number, have the employee leave this field blank. Employees who can satisfy Form I-9 requirements may work while awaiting their Social Security numbers. It is optional for the employee to provide an email address and telephone number in Section 1. If the employee chooses to provide an email address, it should be entered in the [email protected] format. Employees who do not wish to enter an e-mail address or telephone number should enter "N/A" in these fields.

Section 1) Row 2) What if an employee does not have a street address?

Employees who do not have a street address should enter a description of the location of their residence, such as "Two miles south of I-81, near the water tower."

Section 1) Row 2) What if an employee does not have an Apt. Number?

Employees who have no Apt. Number should enter "N/A" in that field.

Section 1) Row 1) What if an employee only has one name?

Employees with only one name should enter it in the Last Name field and enter "Unknown" in the First Name field. "Unknown" may not be entered in both the Last Name and the First Name fields.

Section 1) Row 1) What if an employee has two first names?

Employees with two first names (given names) should include both in the First Name field. Employees who hyphenate their first name should include the hyphen (-) between the names.

Section 2) Row 4)

Employer or authorized representative attests to physically examining the documents provided by completing the Last Name, First Name, Employer's Business or Organization Name fields and signing and dating the signature and date fields.

How do I know the I-9 form is the most current version?

Employers must use the current version of Form I-9. A revision date with an "N" next to it indicates that all previous versions with earlier version dates are no longer valid. You may also use subsequent versions that have a "Y" next to the revision date.

How do I comply with the law?

Employers must verify the identity and employment authorization of each person they hire, complete and retain a form I-9, Employment Eligibility Verification, for each employee, and refrain from discriminating against individuals on the basis of national origin or citizenship.

Why do employers need to verify employment authorization and identity of new employees?

Employers need to verify employment authorization and identity of new employees to comply with the 1986, Congress reformed U.S. immigration laws.

How does an employer participate in E-verify?

Employers who participate in e-verify must complete form I-9 for each newly hired employee in the United States. E-Verify employers may accept any document or combination of documents on Form I-9, but if he employee chooses to present a list B and C combination, the list B (identity only) document must have a photograph.

Section 2) Row 5)

Enter the business's street address, city or town, state and ZIP Code.

Can I abbreviate document titles?

Enter the document title(s), issuing authority, document number, and the expiration date from original documents supplied by the employee. You may use either common abbreviations for the document title or issuing authority, for example, "DL" for driver's license and "SSA" for Social Security Administration, or the suggestions in the form instructions.

Section 2) Row 2)

Enter the document title(s), issuing authority, document number, and the expiration date from original documents supplied by the employee. You may use either common abbreviations for the document title or issuing authority, for example, "DL" for driver's license and "SSA" for Social Security Administration, or the suggestions in the form instructions.

Section 2) Row 3)

Enter the first day of employment for wages or other remuneration (such as date of hire) in the space for "The employee's first day of employment (mm/dd/yyyy)." Recruiters and referrers for a fee do not enter the employee's first day of employment.

Who needs to fill out an I-9 form?

Every employer must complete a Form I-9. This includes U.S. citizens and non citizen nationals who are automatically eligible for employment in the United States.

What document sections should I examine?

Examine one selection from List A or a combination of one selection from List B and one selection from List C. If an employee presents a List A document, do not ask or require the employee to present List B or List C documents. If an employee presents List B and List C documents, do not ask or require the employee to present a List A document.

Do not complete a Form I-9 for employees who are:

Hired on or before Nov. 6, 1986, (or on or before Nov. 27, 2007 if employment is in the Commonwealth of the Northern Mariana Islands (CNMI)) who are continuing in their employment and have a reasonable expectation of employment at all times; Employed for casual domestic work in a private home on a sporadic, irregular or intermittent basis; Independent contractors; Employed by a contractor providing contract services (such as employee leasing or temporary agencies) and are providing labor to you; or Not physically working on U.S. soil.

Section 1) Row 5/6) Preparer and/or Translator certification.

If the employee used a preparer and/or translator to complete the form, that person must certify that they assisted the employee by completing the Preparer and/or Translator Certification block. If the employee did not use a preparer and/or translator, have the employee check the box marked "I did not use a preparer or translator." If the employee used one or multiple preparers or translators and is completing the paper Form I-9, print out the Form I-9 Supplement, Section 1 Preparer and/or Translator Certification. If the employee used one or multiple preparers and/or translators and is completing Form I-9 using a computer, check the second box marked "A preparer(s) and/or translator(s) assisted the employee in completing Section 1" and select the number of preparers or translators the employee used in the drop down box next to "How Many?"

Should I make copies of the documents?

If you choose to make copies of the documents, do so for all employees, regardless of national origin or citizenship status, or you may be in violation of anti-discrimination laws. Return the original documents to your employee.

What if you hire a person for fewer than 3 business days?

If you hire a person for fewer than three business days, Sections 1 and 2 must be fully completed at the time of hire - in other words, by the first day of employment.

How many does does an employee have to present their original documents that show their identity and employment authorization if they are hired for less than three business days?

If you hire an individual for less than three business days, you must complete Section 2 no later than the first day of employment.

What should you do if you receive a tentative non confirmation?

In the case of a tentative non confirmation, you must notify the employee, and an employee who wishes to contest a tentative non confirmation result should contact the appropriate agency (DHS or the Social Security Administration) within the prescribed time periods.

E-Verify Federal Contractors

On Nov. 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a final rule amending the Federal Acquisition Regulation (FAR) (FAR case 2007-013, Employment Eligibility Verification). This regulation was originally scheduled to be effective on Jan. 15, 2009, but the effective date was delayed until Sept. 8, 2009. The regulation requires contractors with a federal contract that contains a FAR E-Verify clause to use E-Verify for their new hires and all employees (existing and new) assigned to the contract. Federal contracts issued on or after Sept. 8, 2009, as well as older contracts that have been modified may contain the FAR E-Verify clause. Federal contractors who have a federal contract that contains the FAR E-Verify clause must follow special rules when completing and updating Form I-9. For more in- formation, please see the E-Verify Supplemental Guide for Federal Contractors available at uscis.gov/e-verify.

Should I physically examine each original document the employee presents?

Physically examine each original document the employee presents to determine if the document reasonably appears to be genuine and relates to the person presenting it.

What section needs to be completed within three business days of the hire?

Review the employee's document(s) and fully complete Section 2 within three business days of the hire. For example, if the employee begins employment on Monday, you must complete Section 2 by Thursday.

What is the abbreviation for Social Security Administration?

SSA

What is the "Additional information" space used for Section 2)

The "Additional Information" space is for Form I-9 notes, such as: Notations that describe special circumstances such as employment authorization extensions for F-1 STEM OPT students, CAP-GAP, H-1B and H-2A employees continuing employment with the same employer or changing employers, and TPS, AC-21, 240-day, 180-day, and120-day work authorization extensions, as required Information from additional documents that F-1 or J-1 nonimmigrant employees may present including the Student and Exchange Visitor (SEVIS) number and the program end date from Forms I-20, Certificate of Eligibility for Nonimmigrant Student Status, or DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, as required Employee termination dates and form retention dates E-Verify case verification number, which may also be entered in the margin or attached as a separate sheet per E-Verify requirements and your chosen business process Discrepancies that E-Verify employers must notate when participating in the IMAGE program Any other comments or notations necessary for the employer's business process

Can I specify what documents they should bring?

The employee must be allowed to choose which document(s) they will present from the Form I-9 Lists of Acceptable Documents. You cannot specify which document(s) an employee will present from the list.

Does the employee need to be present when the documents are being examined?

The employee must be physically present with the document examiner.

Section 1) Row 2) How should employees enter their home address?

The employee should enter their home address, apt. number, city or town, state and ZIP Code.

Section 1) Row 2)

The employee should enter their home address, apt. number, city or town, state and ZIP Code. Employees who have no Apt. Number should enter "N/A" in that field. Employees who do not have a street address should enter a description of the location of their residence, such as "Two miles south of I-81, near the water tower."

What are the E-verify requirements?

Under the final rule - FAR 1.108(d), UC, along with other Institutions of Higher Education, UC is required to enroll in E-Verify once awarded a federal contract or subcontract that requires participation in E-Verify as the term of the contract. When UC is awarded a federal contract that contains the FAR E-Verify clause, UC, as the contractor and any covered subcontractors on the project, must enroll within 30 calendar days of the contract/subcontract award date. UC must also post the Right to Work poster and the E-Verify Notice in English and Spanish

How many does does an employee have to present their original documents that show their identity and employment authorization?

Within three business days of the date employment begins, the employee must show their identity and employment authorization.

Can an employee complete section 1 if they have not accepted an offer?

You may not ask an individual who has not accepted a job offer to complete Section 1. Before completing Section 2, you should review Section 1 to ensure the employee completed it properly. If you find any errors in Section 1, have the employee make any necessary corrections and initial and date them.