Did You Know?

• When copying a blank Form I-9, it is important to include the 2nd page that lists acceptable documents. The Form I-9 Form is considered incomplete without the 2nd page and can result in a fine.
• Any changes/corrections to an existing I-9 form must be done by striking through, correcting and having employer and employee initial the changes.
• If a Form I-9 is incomplete or needs correcting, it is acceptable to use an updated form and attach it to the original.
• Employee name changes require completion of either Section 3 or a new Form I-9, but changes of address do not.
• The date entered in Section 2 as the date the employee began work for pay must match the date in the payroll records.
• Several versions of the Form I-9 have been issued since the form was first introduced in 1987. Not all versions are valid for use. Currently, only forms showing the following revision dates are valid:
• Rev. 08/07/09 Y
• Rev. 02/02/09 N

THOMAS HOUSTON associates, inc. provides assistance in Form I-9 compliance.  For more information on our Form I-9 Audit/Assessment, Self-Paced On-line training or Form I-9 Toolkit, please call 1 (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

What's my List?

For each of the items below, identify the appropriate Form I-9 list of acceptable documents for a hire on March 14, 2012:

1. An unexpired, but cancelled US Passport.
2. A school ID card with no expiration date for the school year 2010-2011.
3. A Social Security card with the annotation "For Social Security and Tax Purposes Only".
4. A Social Security card with the annotation "Valid for work only with INS Authorization".
5. An expired driver's license with a paper document from the state department of motor vehicles (DMV) stating that the paper document serves as a temporary license.

(answers below)

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Form I-9 Acceptable Documents

List A - 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.

List B - The documents in List B show identity only.

List C - The documents in List C show employment authorization only.

Some individuals who present a List A document, such as certain nonimmigrant students and exchange visitors, must also present additional documentation in order to prove their work authorization in the United States.

Generally, employers may choose whether or not to retain copies of documents employees present when completing Form I-9. Employers should uniformly apply the decision to avoid discrimination. However, employers/Federal Contractors who are enrolled in E-Verify are required by the terms of the E-Verify Memorandum of Understanding (MOU) to retain photocopies of employees' EAD cards (Form I-766) and Permanent Resident Cards (Form I-551) with employees' Forms I-9. (Article II.C.5.)

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Answers

1.     List A.  A U.S. Passport is acceptable for Form I-9 purposes if it is unexpired. Therefore, a U.S. passport that has been cancelled may still be acceptable for Form I-9 purposes, provided the document is unexpired. The U.S. Department of State cancels otherwise valid and unexpired U.S. passports when issuing renewals.

2.     This school ID card is not an acceptable document for any list for a hire on March 14, 2012. If the document contains no expiration date other than the school year, the school ID expires at the end of the school year printed on the document. All Form I-9 documents must be unexpired.

3.     List C. A Social Security Number is intended to be used for Social Security and tax purposes only (employment deductions), not for identification.

4.     This social security card is not an acceptable document. On September 14, 1992, SSA began printing the legend "VALID FOR WORK ONLY WITH INS AUTHORIZATION" on cards issued to noncitizens lawfully in the U.S. with temporary authority to work. In these cases, employers must look at the noncitizen's INS document to determine if the noncitizen has current authorization to work.

5.   List B. A state-issued temporary driver's license is acceptable provided it contains a photograph or identifying information including name, date of birth, gender, height, eye color, and address. If the temporary driver's license has conditions, such as that the expired license must accompany the temporary driver's license for it to be valid, then those conditions must be followed.

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Click here for more Q&As on acceptable Form I-9 documents.

THOMAS HOUSTON associates, inc. provides assistance in Form I-9 compliance. For more information on our Form I-9 Audit/Assessment, Self-Paced On-line training or Form I-9 Toolkit, please call 1 (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Secretary Napolitano Recaps the Success of Form I-9 Enforcement

Included in the testimony given by Secretary Janet Napolitano before the United States House of Representatives Committee on the Judiciary was a summary of the success and progress of the Department of Homeland Security’s worksite enforcement activities:  Since Fiscal Year 2009, ICE has audited more than 6,000 employers suspected of hiring illegal labor, debarred 441 companies and individuals, and imposed more than $76 million in financial sanctions.  In Fiscal Year 2011, ICE also criminally arrested 221 employers accused of violations related to employment, an agency record.

Secretary Napolitano credited specific practices for the successful results:  Focusing on employers who knowingly and repeatedly hire illegal labor, utilizing robust Form I-9 inspections, civil fines, debarment, and enhancing compliance tools like E-Verify.

E-Verify is a web-based employment verification system managed by U.S. Citizenship and Immigration Services (USCIS) and is designed to assist employers in complying with the law.  According to the testimony, as of Fiscal Year 2011, more than 292,000 employers have enrolled in E-Verify, representing more than 898,000 locations. More than 1,000 new employers enroll each week and the number of employers enrolled in E-Verify has more than doubled each fiscal year since 2007. In Fiscal Year 2011 alone, E-Verify processed 17.4 million employment queries.  Specific improvements to E-Verify's accuracy and efficiency were cited including a reduction in mismatches for naturalized and derivative U.S. citizens by adding naturalization data and U.S. passport data to E-Verify.

THOMAS HOUSTON associates, inc. can assist your company in Form I-9 compliance.  We offer both a Form I-9 Compliance Assessment service and an on-line self-paced Form I-9 / E-Verify Compliance training course.  For more information, please visit our website, call 1-800-330-9000 or click here to schedule a convenient time for one of our consultants to call you.