Form I9

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Form I-9

• Employment Eligibility Verification

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I-9 Requirements

• Must be completed/retained for every employee
  hired after November 6, 1986
• Stiff penalties for employers who fail to comply
• Employers can be fined from 100 - 3,500 for
  each I-9 that has invalid information, is not
  fully completed, or is incorrectly completed
• Must use revised form (Rev. 02/02/09) and updated
  list of acceptable documents
• I-9 form must have List of Acceptable Documents
  attached to it or copied on the back of the form

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I-9 Process - Hiring Using a PR-40

• Department completes PR-40 when decision to hire
  an individual is made
• Department obtains all signatures before sending
  to Human Resources (HR)
• When HR receives PR-40, hiring department is
  notified that a formal offer may be extended to
  the candidate

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I-9 Process - Hiring Using a PR-40

• Department sends prospective employee an offer
  letter and a blank I-9
• S/he is instructed to complete Section 1 of the
  I-9 and return on or before his/her first day of
  employment
• Failure to do so before the first day of
  employment will result in adjustment of hire date

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I-9 Process - Hiring Using a PR-40

• New employee also instructed Section 2 of the I-9
  must be completed within 3 days of hire date or
  else s/he will be terminated
• S/he must provide original document(s) that
  establish identity and employment eligibility
• New employee will not be approved to start work
  until HR receives I-9 with at least Section 1
  completed
• Department may not start anyone until approval to
  begin work is given by HR

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I-9 Process Hiring by Spreadsheet (Adjunct
Faculty)

• Adjunct faculty hired on three (3) year
  appointments
• Work on a semester-to-semester basis
• Break in service between semester
• Considered a rehire if works next semester
• I-9 must be recertified each semester s/he works
  (HR will recertify)
• If I-9 more than 3 years old, a new form must be
  completed

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I-9 Process Hiring by Spreadsheet (Adjunct
Faculty)

• Office of Provost will send out blank I-9s
  including instructions and documentation list
  with each 3-year appointment letter
• Employee must complete Section 1 and return on or
  before his/her first day of employment
• S/he also instructed Section 2 of the I-9 must be
  completed within 3 days of hire date or else s/he
  will be terminated
• S/he must provide original document(s) that
  establish identity and employment eligibility

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I-9 Process Hiring by Spreadsheet (Adjunct
Faculty)

• Date of hire will be first day his/her class is
  in session if Section 1 of the I-9 is completed
  and received in HR prior to that date, if not,
  the date will be adjusted
• HR will recertify I-9s on Adjuncts who are being
  rehired within 3 years of the latest I-9 on file

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I-9 Process Best Practices

• The best scenario for all employees is to fully
  complete (Sections 1 and 2) of the I-9 with all
  signatures and return to HR on or before the
  employees first day of work
• Please remember that until the completed I-9 is
  received in HR, the PR-40 will not be processed
  and the employee will not be placed on the
  universitys payroll
• If an employees first day (10th or 25th of the
  month) actually falls on a weekend, Section 1 of
  the I-9 must be completed the following Monday
  (actual first work day)
• In Section 2 where date employment began is
  entered, put 10th or 25th but make a note on the
  form actual first day worked was that Monday
  signature sections will be dated the actual date
  the form was completed
• You no longer have to send copies of the IDs with
  the I-9 form
• We still need a copy of the employees Social
  Security Card for Payroll purposes

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Completion of the I-9 FormSection 1

• Hiring department responsible for ensuring
  Section 1 is properly completed, signed and dated
  on the employees start date.
• The employee must complete all blanks in Section
  1 and attest to a status
• Citizen or national of United States
• Lawful permanent resident
• Alien authorized to work

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Completion of the I-9 FormSection 1

• Employee must sign and date Section 1
• If employee needs assistance in completing
  Section 1, you may help him/her but you will need
  to fill out the Preparer/Translator Certification
• If anything is left blank in Section 1 or it is
  not signed and dated, the form will be returned
  to the department

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Completion of the I-9 FormSection 2 Non US
Citizen

• If the employee indicates in Section 1 that s/he
  is not a US Citizen, s/he must be immediately
  referred to RUs Tax Compliance Manager to
  complete Section 2 of the I-9
• The Tax Compliance Manager will look at the
  employees original document(s) and if they are
  in order, will complete Section 2 and fax a copy
  to HR

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Completion of the I-9 FormSection 2 Non US
Citizen

• Once HR receives faxed I-9 from the Tax
  Compliance Manager, approval will be given to the
  department that the employee may begin work and
  the PR-40 will be processed adding the employee
  to the universitys payroll

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Completion of the I-9 FormSection 2 US Citizen

• The hiring department may complete Section 2 if
  the employee is a US Citizen
• Section 2 must be completed and delivered to HR
  by the close of business on the employees third
  day of work
• Employee hired for less than 3 days must have
  his/her I-9 completed (Sections 1 and 2) by the
  end of his/her first day of employment
• The hiring department also has the option to send
  the employee to HR for completion of Section 2
• Please remember that until the completed I-9 is
  received in HR, the PR-40 will not be processed
  and the employee will not be added to the
  university payroll

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Completion of the I-9 FormSection 2 US Citizen

• The employee must present the required
  documentation that establishes identity and
  employment eligibility at the time Section 2 of
  the I-9 is completed
• A List of Acceptable Documents is printed on the
  back of the I-9 form
• The employee may choose which document(s) s/he
  wishes to present from this list
• The employer must accept any document or
  combination of documents which reasonably appear
  to be genuine and relate to the person presenting
  them
• You cannot specify which documents you will accept

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Completion of the I-9 FormSection 2 US Citizen

• If employee presents documentation from List A,
  do not ask for additional documentation
• If employee presents documentation under Lists B
  and C, ensure there is only one document examined
  from each list
• All documents presented must be unexpired
• In order for you to complete Section 2, you must
  examine the original documents
• Do not accept copies or faxes of these documents

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Completion of the I-9 FormSection 2 US Citizen

• If the documents are unexpired and appear
  genuine, record document title, issuing
  authority, document number and expiration date
  (if any) in the corresponding sections under List
  A or B and C.
• After examining documents, sign and print your
  name, title, department street address and date
  form.
• Also include the date employment began
• Leaving this date off is the most common error on
  I-9 forms and could result in a fine

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Completion of the I-9 FormSection 2 US Citizen

• When you sign in Section 2 you are attesting,
  under penalty of perjury, that the above-listed
  document(s) appear to be genuine and to relate to
  the employee named
• Only the person who actually saw the original
  document(s) may sign Section 2

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Terminations

• If an employee fails to complete Section 2 of the
  I-9 or provide proof of having applied for the
  documentation by the close of business on his/her
  3rd day, s/he will be terminated
• Department will be notified by HR that s/he will
  be unable to return for 4th day of work
• Department will be required to complete a new
  PR-40 for a one-time pay indicating the number of
  hours worked or the total amount to pay the
  employee for the three days s/he worked (original
  PR-40 will be voided)
• For Adjunct Faculty hired off a spreadsheet, HR
  will process a PR-21 to payroll indicating how to
  pay the individual.

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Terminations

• HR will notify the hiring department and the
  employee of the employees termination verbally
  and in writing with a copy also being sent to the
  appropriate VP

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Alternate Documentation

• An employee unable to produce an employment
  eligibility document may present a receipt for
  application of a replacement document.
• The receipt authorizes employment for 90 days
• Receipt must be presented before the close of
  business on his/her 3rd day of employment

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Alternate Documentation

• If a new employee produces evidence that s/he has
  applied for a replacement document, send him/her
  immediately to HR along with the I-9 and the
  receipt (HR will handle these situations)
• If the employee provides the replacement document
  within 90 days to HR, s/he will be allowed to
  continue working
• If the employee does not provide the replacement
  document within 90 days to HR, s/he will be
  terminated

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Facsimiles/Copies

• HR will not accept copies or faxes of completed
  I-9 forms
• Original I-9 forms must be delivered to HR by the
  end of the employees third work day

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Processing the PR-40 with Completed I-9

• Once the I-9 is completed (Sections 1 and 2) and
  delivered to HR, the PR-40 is processed and sent
  to Payroll and Budget by HR
• HR will notify the department that the PR-40 has
  been processed
• HR will maintain the files for all I-9s

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Reverifying Employment Authorization

• An employee authorized to work for a specific
  time period must have his/her employment
  eligibility reverified by HR or the Tax
  Compliance Manager before his/her employment
  eligibility has expired
• HR or the Tax Compliance Manager will handle all
  I-9s for employees in this situation

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Rehired Employees

• If an employee is rehired, HR must ensure s/he is
  still authorized to work
• If the employee is rehired within 3 years of the
  date the I-9 was originally completed, s/he is
  still eligible to be employed on the same basis
  as previously indicated on the I-9
• A rehire who has an older version of the I-9 on
  file will have to complete a new form
• All I-9 authorizations for rehires will be
  handled through HR
• Once the I-9 is reverified, HR will contact the
  department that the PR-40 will be processed and
  the employee placed on payroll
• The employee may not begin work until HR has
  contacted the department

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Duplicate I-9s

• I-9s submitted by students to the Financial Aid
  Office under the work study/work scholarship
  program and/or the Graduate College through a
  graduate assistantship cannot be used if the
  student is employed through the university
• A new I-9 must be completed and original
  documents must be presented that establish
  identity and employment eligibility

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Retention of I-9s

• All I-9s will be maintained in HR according to
  the record and retention schedule of the Library
  of Virginia
• I-9s must be retained for three years from the
  date of hire or for one year from the date
  employment ends
• Departments should not keep copies of I-9s in
  their files

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Sample Completed I-9s

• Section 1 sample U S Citizen
• Section 1 sample Non U S Citizen
• Section 1 sample Preparer and/or Translator
  Certification
• Section 2 sample Passport (List A Document)
• Section 2 sample Drivers License and Social
  Security Card (Lists B C Documents)
• How to correct errors on I-9s

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Common I-9 Errors That May Result in Fines

• Use an updated I-9 form (older versions will be
  returned to departments)
• Make sure the List of Acceptable Documents is
  attached to the form or copied on the back of the
  form
• Have the employee complete Section 1 on or before
  his/her first day of employment
• Complete Preparer/Translator certification if you
  enter any data in Section 1
• Make sure the citizenship block in Section 1 is
  completed

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Common I-9 Errors That May Result in Fines

• Use only original documents to verify identity
  and employment eligibility
• Do not accept Social Security Cards that have any
  wording other than the employees name on it (ex.
  not valid for employment)
• Do not accept Social Security Cards that are
  laminated
• Do not ask for more documents than are required
• One from List A or
• One each from List B and C

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Common I-9 Errors That May Result in Fines

• Be sure to enter the employment begin date in
  Section 2
• Be sure to enter document title, issuing
  authority, document number and expiration date
  (if any) in Section 2
• Be sure to enter your departments street address
  in Section 2
• Do not back date
• Do not use White-out, tape or erase any
  information on the form
• Line through any errors, write in correct
  information, initial and date

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Questions

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