H1B Visa Lawyer Blog
The U.S. Department of Homeland Security has updated Form I-9. Please see below for a review of all of the new revisions to Form I-9, Employment Eligibility Verification.
Section 1 – Employee Information and Attestation
1. Employees must complete and sign Section 1 of Form I-9 no later than the 1st day of employment
2. Social Security Number:
a. If Employer is enrolled in E-Verify; employee must provide Social Security number.
b. If Employer not enrolled in E-Verify; disclosure of employee Social Security number is voluntary.
3. Optional Items – Email Address and Telephone Number a. An employee may provide email address and telephone number if they want DHS to notify them if DHS learns of a potential mismatch between the information provided and the information in DHS/SSA records.
b. An employee may choose not to provide an email address and telephone number, and must write N/A in the blocks which request that information
4. Attestation under penalty of perjury:
a. If an alien authorized to work until a specific date…the employee must now provide either:
i. Alien registration number; OR ii. Form I-94 admission number (11 digit number found on I-94 card), AND • Must list the Foreign passport number • Must list the Country where the passport was issued.
b. By signing the form, the employee is attesting that the citizenship or immigration status selected is correct and that they are aware that they may be imprisoned and/or fined for making false statements or using false documentation when completing Form I-9.
Section 2- Employer or Authorized Representative Review and Verification
**REMINDERS:
1. Employers CANNOT specify which document(s) employees may present from the Lists of Acceptable Documents, found on the last page of Form I-9, to establish identity and employment authorization. Employees must present one selection from List A OR a combination of one selection from List B and one selection from List C.
2. If an employee presents a List A document, he or she should NOT present a List B and List C document, and vice versa. If an employer participates in E-Verify, the List B document MUST include a photograph.
3. Employers are REQUIRED to physically examine each document the employee presents to determine if it reasonable appears to be genuine and relate to the person presenting it. The person who examines the documents MUST be the same person who signs Section 2. The examiner of the documents and the employee must both be physically present during the examination of the employee’s documents.
**NEW CHANGES:
1. If the employee is a student or exchange visitor who presented a foreign passport with a Form I-94, the employer should also enter in Section 2:
a. The student’s Form I-20 or DS-2019 number (Student and Exchange Visitor Information System – SEVIS Number); AND the program end date from Form I-20 or DS-2019.
2. Receipts a. Receipts showing that a person has applied for an initial grant of employment authorization, OR for renewal of employment authorization, are NOT ACCEPTABLE.
b. Three types of acceptable receipts:
• A receipt showing that the employee has applied to replace a document that was lost, stolen or damaged. The employee must present the actual document within 90 days from the date of hire.
• The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual. The employee must present the actual Permanent Resident Card (Form I-551) by the expiration date of the temporary I-551 stamp, or, if there is no expiration date, within 1 year from the date of issue.
• The departure portion of Form I-94/I-94A with a refugee admission stamp. The employee must present an unexpired Employment Authorization Document (Form I-766) or a combination of a List B document and an unrestricted Social Security card within 90 days.
Section 3- Reverification and Rehires
*REMINDERS:
a. Employers or their authorized representations should complete Section 3 when reverifying that an employee is authorized to work. Reverification applies if evidence of employment authorization (List A or List C document) presented in Section 2 expires.
b. When rehiring an employee within 3 years of the date Form I-9 was originally completed, employers have the option to complete a new Form I-9, OR complete Section 3 of the original Form I-9.
c. For employees who provide an employment authorization expiration date in Section 1, employers must reverify employment authorization on or before the date provided.
d. Employers should not reverify:
• U.S. citizens and noncitizen nationals; OR • Lawful Permanent Residents who presented a Permanent Resident Card (Form I-551) for Section 2.
*Any new pages of Form I-9 completed during reverification must be attached to the employee’s original Form I-9. If you choose to complete Section 3 of a new Form I-9, you may attach just the page containing Section 3, with the employee’s name entered at the top of the page, to the employee’s original Form I-9.
*Once the individual’s employment ends, the employer must retain this form for either 3 years after the date of hire or 1 year after the date employment ended, whichever is later.
Accurate completion of I-9 forms is a good faith defense to a charge of hiring unauthorized workers.
The best way for an employer to avoid IRCA problems is to establish a meaningful I-9 audit system.
If you are interested in hiring our law firm to help your business achieve and maintain I-9 compliance, please contact our office.