I-9 PROCESSING
PROCEDURES
Created By: UCSF Payroll Services
(With many thanks to UCLA Payroll Office.)THE I-9 FORM
IN HIRING
PROCESS
STEP 1:
Determine Employee-Employer Relationships
Independent Contractors do not complete an
I-9 form
Anyone who receives remuneration from the
University must complete an I-9 form
Remuneration is anything given of value in exchange for labor or
services rendered by an employee, this includes food and lodging
Without Salary individuals (WOS) are considered employees;
therefore, they must complete an I-9 form
Volunteers are not employees of the University (are not entered in
OLPPS), so an I-9 form is not required for voluntee
rs
Step 2:
Determine Employee Eligibility (I-9 Process
)
Give the employee a blank I-9 form along with the instruction sheet
and the list of acceptable documents or direct them to the USCIS
fillable I-9 form at
www.uscis.gov/files/form/i-9.pdf
.
Have the employee complete and sign section 1 of the I-9 form on or
before the first day of employment (physical presence at work site).
Please note that if signed prior to date of employment an offer letter
must also be attached to the form I-9.
At this stage, remember not to ask for any specific documents.
Complete the I-9 form within 3 business days
of the hire date. (physical presence at work site).
This includes all necessary signatures. Review
original documents only- no photocopies or faxes.
If the employee is employed for less than 3 days, all sections of the
I-9 form must be completed the day employment begins.
Step 3:
Required Information to Complete Hiring Process
Have employee complete other required hiring forms (i.e., W-4, Oath
& Patent, GLACIER Documents (scheduled for implementation Fall
2007) and/or UC W-8BEN for non-citizens, & benefits forms).
Keeping a photocopy of the I-9 form and its supporting documents
(passport, SSC, Employment Authorization Document, etc.) is
allowed, but must be done on all employees.
Send original I-9 form to the Campus Payroll Services (Office of
Record) within 5 days of the hire date.
Controller's Office Payroll Services 1855 Folsom St., Suite 425
San Francisco, CA 94143-0812 (Use zip code 94103 for carriers)
When setting up personnel file do not include any copy of I-9 form or
documentation used to determine work authorization in this file.
Step 4:
Enter Information Online
Reminder: The name entered on OLPPS must match the name on the original Social Security Card or Passport (for non-US-citizen employees.)
Add the date that the I-9 form was signed by the employee to the I-9 signature date on the EPD2 screen.
Payroll utilizes the Social Security Administration’s EVS system to ensure that the information provided by the employee matches the SSA record.
Social Security Number Format:
A valid SSN has nine digits. The first 3 digits are the area, the next 2 digits are the group, and the last 4 digits are the serial.
Area-Group-Serial
111-22-3333
No SSN with leading 000, 800, or 900 area numbers have been issued. No SSN with 00 group or 0000 serial numbers have been issued.
Re-hired Employees:
Who is considered a Rehired Employee?
An employee who has at least a one day break in service (not on
pay status), and is returning to UC as an employee.
A new I-9 form must be completed for
all rehires
.
Complete a new Oath and Patent form if the date of rehire is more
than one year after the date on which the previous Oath was signed
(review IGEN/HPER screens for Oath date).
Always use the appropriate OLPPS bundle (AREH or SREH) to
rehire the employee.
At the Employee Personal Data 2 (EPD2) screen indicate the new
I-9 signature date and if completed, the new Oath date.
STOP! Never delete separation data without verifying with a central Human Resources office
Processing Transfers
Departmental:
A new I-9, or Oath & Patent form are not required when an
employee transfers between departments without a break in service.
Intercampus:
New I-9 and Oath/Patent forms are required
for intercampus transfers.
Indicate on the I-9 form “Intercampus
Transfer from…” and the date of the transfer.
(E.g. Intercampus Transfer from UCD 7/12/12.)
Retention of the I-9 form:
Departments can choose to keep a photocopy of the I-9 form and its supporting documents, provided the department adheres to the following rules:
All forms and accompanying documents must be kept in a separate file from
the personnel file and/or other personnel documents even after the employee separates.
Besides Payroll Services, only the employee may request to view the
person’s I-9 form.
USCIS has determined the following as the retention
periods for the I-9 and it’s supporting documents: - 3 years after the date of hire, or
- 1 year after the date of separation, whichever is later.
When one of the above period is reached, the I-9 and its
supporting documents must be shredded or destroyed.
CONTACT INFORMATION
Payroll Services Address:
Records Compliance Coordinator
1855 Folsom Street, Box 0812
San Francisco, CA 94143-0812
Payroll Services Phone Number:
(415) 476-3836
Payroll Servicest Web Address:
http://controller.ucsf.edu/payroll/
United States Bureau of Citizenship and Immigration Services:
www.uscis.gov
You can download or use a fillable I-9 form at:
www.uscis.gov/files/form/i-9.pdf
Social Security Website:
www.ssa.gov
WHAT ARE LIST A
DOCUMENTS?
List A of I-9 Form
Documents that Establish Identity & Employment Eligibility:
U.S. Passport (Unexpired)
Foreign passport (Unexpired), with I-551 stamp or attached DHS
Form I-94 indicating unexpired employment authorization
Permanent Resident Card or Alien Registration Receipt Card with
photograph (DHS I-551)
Unexpired Temporary Resident Card (DHS Form I-688)
Unexpired Employment Authorization Card (DHS Form I-688A)
Unexpired Employment Authorization Document issued by the DHS
which contains a photograph (DHS Form I-688B & I-766)
List A
1. U.S. Passport
Document Number Expiration Date Issuing Authority 13Note: Expiration Date for I-9 Form ONLY. Do not
enter into EDB.
List A
Guide to Selected U.S. Travel and Identity Documents
2. Permanent Resident Card or Alien Registration
Receipt Card (
Form I-551
) [Nov. 2004]
Section 2 of the I-9 Form Document Number Section 1 of the I-9 Form Document Number 14
2. Permanent Resident Card or Alien Registration
Receipt Card (
Form I-551
) [May 2010]
List A
USCIS Number aka Alien Number
Note: Expiration Date for I-9 Form ONLY. Do not
enter into EDB. Document Number
List A
3. Foreign passport, with a temporary I-551 stamp
Alien Number
I-551 Stamp
Expiration Date
1 _____ Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form)
Thema Nala XXXXXX 88888888 06NOV2005 01JUL2006 777777777 A1234567 A1234 567
3. MACHINE READABLE IMMIGRANT VISA
(MRIV)
3. Work authorization must be reverified prior to the expiration of the I-551 stamp.
1. A MRIV indicating temporary I-551 status will include this
statement.
2. The MRIV must include a DHS endorsement. The
expiration date of the I-551 stamp is 1 year from
endorsement.
The required documents are: - Unexpired foreign passport
- MRIV visa, with I-551 endorsement.
List A
USCIS Employer Information Bulletin 113
Alien No.
Expiration Date (EDB Work Permit End Date) Section 1 of the I-9 Form Document Number Document Type
List A
4. Employment Authorization Document that
contains a photograph (
Form I-766
)
Section 2 of the I-9 Form Document
Number
May 2004 May 2010
List A
5. Foreign passport with an unexpired Arrival-Departure Record
(Form I-94 or I-94A)
indicating unexpired employment
authorization.
F-1 D/S Hired Newley 2002An I-20 Certificate is required with an F-1 Visa Admission Number
I-94 Form
Expiration Date
Visa Type
List A
I-20 – Certificate of Eligibility for Nonimmigrant
(F-1) Student Status
12345678901
Document Type
I-20 Expiration date (EDB Work Permit End Date)
Admission Number
This form must display
‘Student's Copy.”
List A
I-20 - Issued to Nonimmigrant Students - Back
May include additional work authorization (OPT or CPT), Transfer Between Schools, etc. Document Type 21I-20 FACTS
The I-20, along with the I-94/I-94A and an unexpired
foreign passport allows work authorization at the
campus sponsoring the student.
Work authorization is valid as long as the student is
in status.
If UCSF is not the sponsor, additional work
authorization is required.
F-2 (dependents) I-20 holders must present other
employment authorization documents.
If the I-20 is issued by UNEX, the hiring department
is responsible for verifying units each quarter.
F-1 OPT
•
If the student employee has Optional Practical Training
(OPT) status per the I-20 document an EAD I-766 is
required in order to establish employment authorization.
OPT STEM
•
A student with an I-20 Form that indicates he/she is eligible
for OPT STEM (17 months extension) can continue to work
with an expired EAD I-766.
•
The expired EAD, along with the I-20 (indicating the
extension) are valid List A documents for 180 days (6
months).
•
The department must re-verify employment authorization no
later than 180 days from the expiration date of the previous
EAD I-766.
24
Example of I-20 Form w/ OPT STEM
Extension
6. Passport from the Federated States of Micronesia (FSM) or Republic
of the Marshall Islands (RMI) with the Form I-94 or I-94A indicating
admission to the U.S. under the Compact of Free Association Between
the U.S. and FSM or RMI.
I-94 Arrival/Departure Record
(hand written)
I-94A Arrival/Departure Record
(computer generated)
Sample of I-94 Records
Kane Erica 222222222222222222 H77777777 KANE<<ERICA H77777777 444444444 04 DORIGHT DUDLEY DORIGHT DUDLEY DORIGHT<<DUDLEY N888888
Visa should not be used for I-9 verification
(exception: MRIV) An unexpired foreign passport must be presented with an I-94.
Foreign Passport
THE VISA or THE PASSPORT?
List A
HAYES, HELEN A.
Helen A. Hayes 1112223334
LONG JEN
Aug 28 2004
IMMIGRANT DOCUMENT NUMBERS
111122221 01
The Alien Number is 8 or 9 digits in length and begins with the letter “A”.
The Admission Number is 11 digits in length and is found on the I-94
Document
EXPIRATION DATES
D/S (Duration of Status) is a expiration that can be found
on the I-94/I-94A document. Work authorization is
dependent upon the individual's particular status (student,
scholar, etc.)
The actual work authorization is an additional document
(which has an expiration date), such as the I-20 or
DS-2019 forms.
Alien employees who were hired with documents that
have expiration dates,
must
be re-verified prior to the
expiration date of the documents. (See Updating and
Re-verification section).
Reminder: Dates must always be written in the month/day/year format on the I-9 Form
WHAT ARE LIST B
DOCUMENTS?
List B of I-9 Form
Documents that Establish Identity
Driver’s License or ID card issued by a state or outlying
possession of the United States, provided it contains a
photograph or information such as name, date of birth,
gender, height, eye color and address (Unexpired).
ID Card issued by federal, state, or local government
agencies or entities provided it contains a photograph or
information such as name, date of birth, gender, height, eye
color and address (Unexpired).
School ID with a photograph
Voter’s registration card
List B of I-9 Form Cont’d
Documents that Establish Identity
US Military card or draft record
Military dependent’s ID card
US Coast Guard Merchant Mariner Card
Native American tribal document
Driver’s license issued by a Canadian government
authority
For persons under age 18:
School
records or report card; Clinic, doctor,
or hospital record; Day-care or
nursery school record.
List B
2. ID Card issued by federal, state, or local government
agencies or entities provided it contains a photograph or
information such as name, date of birth, gender, height,
eye color, and address.
1 _____ Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form)
List B
3. School ID card with a photograph
GREEMAN, OMAR
List B
Voter’s registration card
List B
U.S. Military ID Card
444-44-4444
June S. Paycheck
Paycheck, June S.
WHAT ARE LIST C
DOCUMENTS?
List C of I-9 Form
Documents that Establish Employment Eligibility
U.S. social security card issued by the Social Security Administration (other than a card stating it is not
valid for employment)
Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)
Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possessions of the United States bearing an official seal
Native American tribal document
U.S. Citizen ID Card (DHS Form I-197)
ID Card for use of Resident Citizen in the United States (DHS Form I-179)
Unexpired employment authorization documents issued by the DHS (other than those listed under List A)
39
List C
1. Social Security Account Number card issued by the
Social Security Administration
(An unrestricted SocialSecurity card issued to U.S. citizens and lawful permanent residents.)
1 _____ Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form)
A laminated or metal SSC is rendered invalid.
1. A Social Security card stating “
NOT VALID
FOR EMPLOYMENT”
is not a valid I-9
document.
Note: An individual who has proven work authorization (presents other valid document that meets I-9 requirements) is eligible for employment. It is in the best interest of the individual to request a replacement card from Social Security
Administration. The social security number will remain the same and can be entered in EDB.
000-00-0000
Joe Bruin
Not Valid for
Employment
1.
A Social Security card stating “VALID FOR
WORK ONLY WITH DHS AUTHORIZATION”
• can be used as an I-9 document only with
corresponding work authorization (ex. EAD, I-20, DS-2019, etc.)
VALID FOR WORK ONLY WITH DHS AUTHORIZATION
111-11-1112
Joe Bruin
2. Certification of Birth Abroad issued by the U.S.
Department of State (
Form FS-545)
List C
3. Certification of Report of Birth issued by the
U.S. Department of State (
Form DS-1350)
List C
4. Original or certified copy of a birth certificate issued by a
state, county, municipal authority or territory of the United
States bearing an official seal
1 _____ Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form)
List C
6. U.S. Citizen ID Card (
Form I-197)
1 _____ Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form)
USCIS no longer issues this card.
List C
7. ID Card for use of Resident Citizen in the
United States (
Form I-179)
1 _____ Handbook for Employers /Instruction for Completing I-9 (Employment Eligibility Verification Form)
USCIS no longer issues this card.
Sample Documents includes:
I-20 (Student status) accompanied by I-94/I-94A (Arrival
departure record for foreigners)
o
UCSF is indicated as the sponsor on the I-20 form and
the individual is currently in status.
o
Non-UCSF sponsor indicated only if practical training
approval is noted and employee works in field of study.
DS-2019 (Certificate of eligibility) accompanied by
I-94/I-94A
o
UCSF is indicated as the sponsor on the DS-2019 form
and the individual is currently in status.
o
Non-UCSF sponsor indicated must have written approval
from sponsoring authority. Sponsoring authority is a
designated official who has authority to sign the
DS-2019.
8. Employment Authorization Document Issued by DHS
More Sample Documents:
Notice of Action (Form I-797)
o
UCSF must be indicated as sponsor on the form.
Expired Permanent Resident Card (I-551) and Notice of
Action (I-797) indicating an extension of the card for one
additional year.
8. Employment Authorization Document Issued by DHS
DHS Notice of Action (Form I-797)
List C
The I-94 document Sponsor 555111333888 09 555111333888 09 49COMPLETING
THE I-9 FORM
Employee’s Responsibilities Regarding Form I-9
A new employee must complete Section 1 of a Form I-9 no later than close of business on his/her first day of work.
The employer is responsible for ensuring that the employee completes Section 1 in full.
No documentation from the employee is required to substantiate Section 1 information provided by the employee.
Source: About Form I-9, Employment Eligibility Verification www.USCIS.gov
DHS Form I-9 (R 11-21-91)- Section 1
SNOW WHITE 01/09/12
If there is ever a case where any part of Section 1 is completed by someone other than the employee, then the Preparer and/or Translator Certification Section must be completed.
Note: Be sure that the sections indicated by the ovals are filled in when, and as, appropriate.
San Francisco 94103
DHS FORM I-9 – Section 1
Preparer and/or Translator Certification
•
By signing, the preparer is attesting that Section 1 is true and correct
to the best of his or her knowledge.
•
Only the employee cans sign the employee signature block.
Employer’s Responsibilities for Form I-9
The hiring agent is responsible for ensuring completion of the
entire document.
The hiring agent must complete Section 2 of the Form I-9, by
the end of the 3
rdday of service.
The hiring agent must review documentation that established
employee’s authorization to work in the U.S. and that the
employee who presents the employment authorization
document is the person to whom it was issued.
Source: About Form I-9, Employment Eligibility Verification www.USCIS.gov
I attest, under penalty of perjury, that I am (check one of the following):
A citizen of the United States
A noncitizen national of the United States (see instructions)
A lawful permanent resident (Alien #) _______________________
An alien authorized to work (Alien # or Admission #) __________________
until (expiration date, if applicable – month/day/year) __________________
If box 4 is checked, a
GLACIER
record may be
required.
Who needs a GLACIER Record?
The final status to eliminate from the Glacier Record requirement is the employee who is a nonresident alien who works out of the US. The individual must complete the Foreign Source Form. A Glacier Record is required from all other employees!
If the employee checks the “alien authorized to work” box, ask under what
status the work authorization was allowed. If the work authorization is due
to a Refugee or approved Asylum status, then:
No Glacier Record is required.
Section 1 of the I-9 form
Glacier Record Not Required Glacier Record Required
US Citizen or National Visitors with A, E, F, H, J, K, L, O, P, TN, or V visas
US Permanent Resident Pending US Permanent Residents
Refugees or Asylum status Pending
Refugee or Asylum status A nonresident alien working out of the U.S.
(Foreign Source)
Which Employees need a GLACIER Record?
I attest, under penalty of perjury, that I am (check one of the following):
A citizen of the United States
A noncitizen national of the United States (see instructions)
A lawful permanent resident (Alien #) _______________________
An alien authorized to work (Alien # or Admission #) _____________ until (expiration date, if applicable – month/day/year)___________________
57
COMPLETING SECTION 2 OF I-9
Section 2. Employer Review and Verification. (To be completed and signed by employer (hiring agent.) Examine one document from List A or examine one document from List B and List C as listed on the reverse of this form and record the title, number and expiration date, if any, of the document(s)
LIST A OR LIST B AND LIST C
Document title: ___PASSPORT______________ _____________________________ _____________________________
Issuing authority: _UNITED STATES _____ _____________________________ ______________________________
Document #: ____123456789___________ _____________________________ ______________________________ Expiration Date (if any): _12_/ 29_/_10__ _____________________________ ______________________________
Document #: _______________________________
Expiration Date (if any): ______________________
Always list the Document Title, Issuing Authority and the Document number. If provided also complete the
Expiration Date fields.
If recording documents on List B or List C make sure to answer all 4 questions on the left.
58
Section 2. Employer Review and Verification. (To be completed and signed by employer. Examine one document from List A or examine one document from List B and List C as listed on the reverse of this form and record the title, number and expiration date, if any, of the document(s)
LIST A OR LIST B AND LIST C
Document title: ___________________________ ___________________________ ______________________________ Issuing authority: __________________________ ___________________________ ______________________________ Document #: _____________________________ ___________________________ ______________________________ Expiration Date (if any): ______/_____/_____ ___________________________ ______________________________ Document #: _____________________________
Expiration Date (if any): _________________
_______________________________________________________________________________________________________________________ CERTIFICATION -I attest, under penalty of perjury, that I have examined the document(s) presented by the above - named employee, that the above-listed document(s) appear to be genuine and to relate to the employee named, that the employee began employment on (month/day/year)_______________ and that to the best of my knowledge the employee is eligible to work in the United States. (State employment agencies may omit the date the employee began employment).
_______________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________ Signature of Employer or Authorized Representative Print Name Title
____________________________________________________________________________________________________________________ Business or Organization Name Address (Street Name and Number, City, State, Zip Code Date (month/day/year)
___________________________________________________________________________________________________________________
DHS FORM I-9 - Section 2
Permanent Resident Card DHS
06 30 12
SRC0000000000
Ima Example Ima Example Admin. Analyst
UCLA Payroll Services Wilshire Ctr #620 L.A., CA 90024 06/05/10
SAMPLE OF I-9 WITH LIST A COMPLETED
SAMPLE OF I-9 WITH LIST B COMPLETED
SAMPLE OF I-9 WITH LIST C COMPLETED
DHS Form I-9 (R 11-21-91)- Section 2
Lota Example
03/01/06
Note: Be sure to fill in the date field shown in the oval. This date should agree with the appointment begin date. Academic Year faculty, and BX/IX employees
are the only exceptions to this rule, use the date of their FIRST DAY OF PHYSICAL
EMPLOYERS’ RESPONSIBILITY UNDER THE LAW
DOCUMENT REVIEW STANDARDS:
The standard for review of documents in the employment eligibility
verification process is that of reasonableness.
An I-9 List document is acceptable if it reasonably appears on its
face:
a. to be genuine
b. to relate to the individual who presents it.
In other words, an employer or employer’s agent who signs Section 2 of the Form I-9 is not attesting to the legitimacy of the status of the person, but
rather, to the fact that he/she has reviewed the original documents and that it reasonably appears to him/her, upon reasonable inspection of its features and the information it contains to be genuine and to relate to the employee who has presented it for the employment eligibility purposes.
USCIS Employer Information Bulletin 103
64
Employee’s Responsibility Regarding Form I-9
A new employee
must
complete Section 1 of a Form I-9 no later
than close of business on his/her
first
day of work.
The employee must sign Section 1. The employee’s signature holds
him/her responsible for the accuracy of the information provided.
The employer is responsible for ensuring that the employee
completes Section 1 in full.
SECTION 3:
UPDATING & REVERIFICATION
OF THE I-9 FORM
Occasionally the I-9 form must be updated and re-verified for
certain employees; for this Section 3 of the form I-9 is completed.
When to Update/Re-verify the I-9
When an extension of work authorization has been granted
When a new type of work authorization has been granted
When the employee has had a name change as evidenced by an
updated Social Security Card.
Notice:
Do not
use Section 3 (3b) of the I-9 form for rehired
employees. A new I-9 is required.
How to Update/Re-verify the I-9
1. The I-9 Form:
a. List in section 1, the employee’s name. At the top
of the form, write the employee’s I.D. number.
b. Complete section 3 of the I-9 only. Only the
hiring agent’s signature and the signature date is
required.
c. Attach all Re-verification documents to the I-9
form.
2. Update OLPPS using the appropriate fields
(EVSA, EEID, etc.) with the new information
such as:
Name Change Citizenship Code
Visa Type
Work Permit End Date
68
,
Permanent Resident Card A072244881 11/22/12
01/17/10
Ima Example
021234567
EXAMPLE OF REVERIFICATION I-9 FORM
Complete Section 3 when there is:
1. Name change (must see social security card). 2. Update to the work authorization (i.e. work
permit end date, visa type).
Never use Section 3 for rehires. Le Peu Pepe Note: I-9 Preparers must use the most recently revised Form I-9 dated (08/07/09).
69
Bruin Sally E
Timely filing for extension of Work Authorization EXAMPLE
(H-1, J-1, O-1, P-1 and TN)
3. Attach the copy of the fee receipt or
I-797c to the I-9
A petition timely filed for extension of work authorization – 8 CFR 214.2
Section 3: 1. NOW
This section needs to be completed with the statement “A petition timely filed for extension of work authorization - 8 CFR 214.2”
Sign and Date form. Signature date should be the date the form was completed
Add 240 days to the work Permit End Date in EDB
Note in the PAN :A petition timely filed for extension of work authorization – 8CFR 214.2
Ima Example 01/03/06
021234567 Note: I-9
Preparers must use the most recently revised Form I-9 dated (08/07/09).
70
Notice of Action I-797
Notice of Action (I-797)
Einstein Albert
9000000000 01/27/12
Ima Example 07/18/11
1. Complete Section 3C of a new I-9 Form when the updated Notice of Action (Form I-797) is received.
2. Update the Work Permit End Date in EDB, if necessary.
3. Forward the updated I-9 Form and the I-797 to Payroll Services.
Permanent Resident to U.S. Citizen
When an employee has changed his/her citizenship
status from Permanent Resident (PR) to naturalized U.S.
Citizen (C), do not complete a new I-9 form for the
employee.
Permanent Resident employment status does not expire.
Change the Citizenship status on the EVSA screen.
An Oath form must be completed.
Enter the date that the Oath was signed by the employee
on EPD2.
72
Temporary Protected Status (TPS) Reverification
Temporary Protected Status is a temporary immigration status granted to eligible nationals of designated countries.
Are issued an Employment Authorization Document (I-766), with the notation “A-12” or “C-19” under “Category”.
Occasionally the TPS expiration date is extended by federal legislation as indicated in the Federal Register (FAR). When this occurs the employee may continue to work with an EAD that has expired on its face.
In order to record the automatic extension, please do the following: Employee may present an original EAD card (this may be expired)
They may also present to you an original receipt from the USCIS showing that they have applied for the extension or the FAR indicating automatic extension status.
a. List in section 1 the employee’s full name. At the top of the form, write the employee’s I.D. number.
b. Complete section 3 of the I-9 Form only. Indicate the new expiration date of the extension per the release notice.
73
Visa/Work Authorization Reports
Payroll Services offers various reports to assist departmental
personnel in tracking employees whose visa/work authorization are
about to expire and may need to be reverified. Departments can
access the reports on
Document Direct
. Additional information
regarding the following reports can be found in the PPS Manual
section D6.
Report PPP6201
- Personnel Status Report
Report PRS745
– reflects visa/work authorization that has already
expired
. This report should be reviewed on a monthly basis to
ensure that no employee is employed with expired work
authorization.
Report PRS6203
– this report reflects visa/work authorization that
will expire within the next 4 months
. This report should be
reviewed by the department on a regular basis. Departmental
personnel may wish to use this report to remind alien employees of
expiring work authorization.
74
COMMON ERRORS
The areas in the ovals have
not been completed.
June S. Paycheck
San Francisco 94103
COMMON ERRORS
Maid Marion
Perm. Resident Card
Lota Example
Rehires require a new I-9 Form. Never use Section
3 to process rehires.
San Francisco 94103
Common Errors
John D. Lord Doris Day D.D. 06/13/05 Document Abuse!!! San Francisco 94103 77Common Errors
Johnny Rocket
Lota Example
Dates are out of Compliance with DHS requirements
San Francisco CA 94103
List A Good Example
Patrick G. Duffy Lota Example San Francisco 94103 9/11/2005 79List B & C Good Example
San Francisco 94103
9/11/2005
List A with I-551- Good Example
Pepe LePeu Lota Example This information must match. San Francisco 94103 4/15/2005 8182 Swenson Inga 29th St #212 03/18/74 San Francisco CA 94143 000-55-1111 09/22/10 11223377888
Passport and I-94 Sweden 543211 04/11/13 11223377888 D/S 02/01/11 Inga Swenson 02/01/11 DS -2019 09/22/12
Ima Example Ima Example Admin Specialist 456 Royce Hall UCSF, Box 0812 SF, CA 94143 02/03/11
Must review work
authorization documents. Expiration dates should match.
Use same format for either the DS-2019 or
I-20 form.
LIST A with Unexpired Passport, I-94, and Work
Authorization Document
X
Note: I-9
Preparers must use the most recently revised Form I-9 dated (08/07/09)Y. This sample is for demonstration purposes only.
83 EAD I-766 DHS A000000012 04/10/11 I-20 N000000000 09/10/11 04/11/11
LIST A with I-766 (F1 OPT STEM) –
GOOD EXAMPLE
Complete Section 2 only for New Hires and Rehires who present OPT STEM extension documents.
X A000000012 09/10/11 Einstein Albert 100 10/29/79 Anywhere USA 10000 222-00-0000 04/11/11 Albert Einstein
E-Verify – What is it?
E-Verify is an Internet-based system operated by the
Department of Homeland Security, U.S. Citizenship
Services (USCIS), in partnership with the Social Security
Administration (SSA).
It allows employers to verify the employment eligibility of
their employees, regardless of citizenship. Based upon the
information provided by the employee on the I-9 Form,
E-Verify checks the information electronically against records
contained in DHS and SSA databases.
Effective September 8, 2009, employers who have signed
a federal contract or subcontract that includes the E-Verify
clause are required to process their employees in the
E-Verify database.
E-Verify vs. Normal I-9 Form Procedures
•Are not required to provide SSN in Section 1.
•Can present a List B document without a photograph.
•Are required to provide SSN in Section 1.
•Their List B document must bear a photograph.
•Are required to attach a copy of the I-551, I-766, U.S Passport or U.S Passport card to the I-9 Form. • I-9 Processors must give the
completed I-9 Form to the E-Verify General User for entry into the E-Verify system.
• The I-9 data must be entered into E-Verify within 3 business days of hire.
Employees who are not subject to E-Verify Employees who are subject to E-Verify
Documenting Receipts on the I-9 Form
UCSF uses the following procedures for documenting receipts for the I-9 Form:
• Record in Section 2 the document title and number (if available) of the
receipt, and write “receipt” in the document space
• Forward a copy of the completed I-9 form to Payroll Services and retain the
original I-9 Form until the actual work authorization arrives.
• After providing the receipt the employee has 90 days to present an actual
document or other acceptable I-9 documents.
• Verify the actual document information with the information on the
I-9 form. Make any necessary changes on the I-9 from, cross-out the word “receipt”, initial, and date the changes made to the I-9 form.
• Forward the corrected original I-9 form to Payroll Services.
87
US CIS I-9 Receipt Rules
Employees who do not possess the required documentation when employment begins may not submit receipts showing that they have applied for initial
applications for documents or for applications for extension of documents.
Receipts may be used only for the following reasons:
1. If an individual’s document has been lost, stolen, or damaged, then he/she can
present a receipt for the application for a replacement document. The replacement document needs to be presented to the employer within 90 days of hire or, in the case of Reverification, the date employment authorization expires.
2. The arrival portion of the Form 94/94A with an attached photo and temporary I-551 stamp, which is a receipt for a List A document. When the stamp expires, or if the stamp has no expiration, one year from date of issue, the employee must present the Form I-551 Permanent Resident Card.
3. The departure portion of the Form I-94/I-94A with a refugee admission stamp, which is a receipt for a List A document. The Form I-94/I-94A is acceptable as a receipt for 90 days. (Please see Refugee Documentation instructions).
Note: A receipt is never acceptable for employment lasting less than 3 days.
Example of I-9 with SSC Receipt
Florida Mississippi Lota Example L.E. 10/27/05 1. Note in the document spacethe word “receipt”, and forward to Payroll Services a copy of the I-9 form. 2. For all receipts, you
must review actual document(s) within 90 days or other documents to complete the I-9 form.
3. Verify and make all necessary
changes to the form. 4. Cross out the word
“receipt”,
initial, and date the changes.
5. Forward original I-9 form to Payroll Services. 94103
89
Status Section 1 Initial I-9 Documents Reverification Documents
Refugee Box 4 – Alien
authorized to work Expiration date – N/A
List A – I-94/I-94A
evidence of both identity and employment
authorization for 90 days only.
If I-94/I-94A used, must reverify the
employee by the end of 90 day period.
Employee can present EAD I-766 or valid List B and List C documents.
EAD –I-766 By the end of the expiration period. Any valid list B and List
C combination
N/A
90 Msamaki Urenna 987 103TH ST. 05/05/84 San Francisco 90001 222-00-2222 Urenna Msamaki 11/01/05 021234567
Ima Example Ima Example
11/05/05
CA
11/05/05
EXAMPLE OF I-9 WITH REFUGEE I-94 CARD
X
99988776651
N/A
I-94/ INA 207 - RECEIPT
US CIS
UCSF Payroll Services 1855 Folsom Street, Box 0812 Zip 94143
MSO
99988776651
91
Status Section 1 Initial I-9 Documents Reverification Documents
Asylees Box 4 – Alien
authorized to work Expiration date – N/A
List C – I-94/I-94A
evidence of employment authorization only.
Employee must also present valid List B document.
N/A
EAD –I-766 By the end of the expiration period. Any valid List B and List
C combination
N/A
92 999887766 51
M S A M A K I
U R E N N A
ROWANDA
EXAMPLE OF I-9 WITH ASYLEE I-94 CARD
Driver License CA DMV C11111111 05/05/14 I-94/ INA 208 USCIS 11100000000 N/A 05/02/11
Ima Example MSO
UCSF Payroll Services 1855 Folsom Street, Box 0812 Zip 94143 05/06/11
REMOTE NEW HIRES WORKING
WITHIN THE UNITED STATES
Remote New Hires: Working Within the U.S
.
Occasionally, a department may hire an employee who is to be paid by theUniversity, yet will not physically work at the University. Regardless of
where employees will physically perform their duties, if employed within the United States, the I-9 form must be completed.
The UCSF Remote New Hire form has been designed to help departmental personnel process employees for UCSF who are at remote (distant)
locations.
An authorized representative must be assigned to complete the form for the University.
An authorized representative can be anyone that the departmental personnel assigns to act as an agent for the UC (employees of the UC regents, notary public, attorney, outside personnel officer, etc.).
The agent should be chosen carefully, because UCSF will be held responsible for the actions of the agent.
120 94
Remote New Hires: Working Within the U.S.
The hiring department completes the UCSF REMOTE NEW HIRE NOTICE form. The entire form must be completed. Always include the employee’s date of hire on the form.
The completed Remote New Hire form and the Remote New Hire Instruction sheet is given to the employee or the agent.
The list of Acceptable Documents for the completion of the I-9 form along with the I-9 instructions sheet must be given to the employee. The employee completes section 1 of the I-9 form only.
All I-9 paperwork procedures and deadlines are the same.
All forms completed by the agent along with the Remote New Hire Notice must be returned to Payroll Services.
The I-9, the Oath & Patent are required forms by either the Federal Government and/or UC policy. For this reason,
all costs for notarization must be paid by the hiring department.
Remote New Hires: Working Within the U.S.
If the new hired or rehired employee is a non-U.S. citizen
and will work and reside outside of the U.S. (or an outlying
possession of the U.S.) an I-9 form is not required.
Have the employee complete the Patent form and all additional new hire forms
(i.e. Foreign Source Income Statement).
If the non U.S. Citizen employee enters the U.S. at all an
I-9 form is required (even for a short period of time).
Please contact the Tax Team at ext. 6-1850 if you have an employee who
works and resides outside of the U.S. but is coming to the U.S.
Physical Presence I-9 forms should be
completed as follows:
The employee must sign and date the I-9 form when he/she is
physically present at the work site.
The I-9 preparers enters the date of physical presence (e.g. 09/2X/XX) in
the Certification section of the I-9 form. Also write: First day of physical presence “XX/XX/XX” on the I-9 form.
The I-9 preparer must complete (sign and date) the form within three (3)
business days of the employee’s physical presence at the work site.
The Date of Hire and appointment date in OLPPS will reflect the contract
start date (e.g. 07/01/XX).
Departments may choose to use the Remote New Hire Notice form instead
of the above process, as long as the I-9 form and the Notice form is completed on or before the date of hire listed in OLPPS.
SAMPLE IGEN & IAPP SCREENS
503253935 HIRED, LISA LEE
HIREED, LISA LEE
503253935
HIRED, LISA LEE
SAMPLE OF PHYSICAL PRESENCE I-9
Newl Lee Hired
Lota Example consistency Note the
of dates
FIRST DAY OF PHYSICAL PRESENCE 09/22/03
Payroll Services Monitoring Process
If any part of section 1 of the I-9 form is completed or corrected by
anyone other than the employee, the Preparer/Translator section of
the of the I-9 form must be completed.
All individual forms must be corrected and returned to Payroll
Department by the deadline date.
If not returned by the deadline date, a 2
ndnotice is sent to the
departmental representative and to his/her department manager.
In cases where the department representative who initiated the
incorrect I-9 form is no longer in that department, the I-9 form will be
forward to either the new department representative or to the
department manager for correction.
Invalid Social Security Number Notification
Process
If the SSN on the card does not match the SSN in OLPPS:
a) Update OLPPS record with correct information
b) Forward copy of SS card to Payroll. A corrected W-2 may be needed.
If SSN on card does match the SSN on OLPPS, Departments need to review
I-9 Form.
I-9 Form Review
If invalid Social Security Number was used for purposes of employment eligibility, then department needs to re-verify employment eligibility.
a. If employee can establish employment eligibility with different forms, then
work authorization continues.
b. If employee cannot establish employment eligibility, employment should be
discontinued.
102
Out of
Compliance
Notice
103
PENALTIES FOR PROHIBITED PRACTICES
Civil Penalties
Hiring or continuing to employ unauthorized aliens First Offense
Second Offense
Subsequent Offense
•Failing to Comply with the Form I-9 requirements:
I-9 was not properly completed, retained, and/or made available for inspection.
Criminal Penalties
•Engaging in a pattern or practice of knowingly hiring unauthorized aliens
• Engaging in fraud or false statements, or
otherwise misusing visa, immigration permits, and identity documents.
UNLAWFUL EMPLOYMENT
Fines will range: $375 - $3200 for each unauthorized alien
Fines will range: $3200 - $6500 for each unauthorized alien Fines will range: $4300 - $16,000 for each unauthorized alien
Fines will range: $110 - $1100 for employee for whom the I-9 was not properly completed, retained, and/or made available
Fines up to $3000 per employee and/or 6 months of imprisonment Fines, imprisonment up to 5 years, or both UNLAWFUL DISCRIMINATION Range: $375 - $3200 for each unauthorized alien
Range: $3200 - $6500 for each unauthorized alien Range: $4300 - $16,000 for each unauthorized alien CIVIL DOCUMENT FRAUD Range: $375 - $3200 for each unauthorized alien
Range: $3200 - $6500 for each unauthorized alien
104
WHAT TO DO WHEN YOU DISCOVER:
UNAUTHORIZED EMPLOYEES
(DHS Description)
It occasionally happens that an employer learns that an
employee whose documentation appeared to be in order for
Form I-9 purposes is not actually authorized to work. In such
case, the employer should question the employee and provide
another opportunity for review of Form I-9 documentation. If
the employee is unable under such circumstances to provide
satisfactory documentation, employment should be
discontinued (alien employees who question the employer’s
determination may be referred to an DHS field office for
assistance.)
UCSF Process – Contact the Employee Relations Office for
guidance.
105
WHAT TO DO WHEN YOU DISCOVER:
FALSE DOCUMENTATION
(DHS Description)
False documentation includes documents that are
counterfeit or those that belong to someone other than the
employee who presented them. It occasionally happens
that an employee who initially presented false
documentation to gain employment subsequently obtains
proper work authorization and presents documentation of
this work authorization. In such a case, U.S. Immigration
law does not require the employer to terminate the
employee’s services. However, an employer’s personnel
policies regarding provision of false documentation to the
employer may apply. The employer should correct the
relevant information on the Form I-9.
UCSF Process – Contact the Employee Relations Office
for guidance.
106
Employers commit document abuse when:
*
they request more or different documents than are
required to establish a worker’s identity and
eligibility to work in the US. Employers also
commit document abuse when
*
they reject documents that appear to be
reasonably genuine upon their face.
DOCUMENT ABUSE
107
Examples of Document Abuse
Examples:
o
Requesting specific documents to establish employment
eligibility (i.e. requesting new hires to bring in a Drivers’ License
and Social Security Card).
o
Refusing to accept a document(s) that reasonably appears to be
genuine and relate to the employee presenting it.
o
Requiring an employee to present more documents than are
minimally necessary in order to establish identity and eligibility
to work.
Additional Tips
Never use whiteout or arrows to correct an I-9 form. Line out the incorrect data, insert the correct data, and initial.
Never back date an I-9 form.
Only use black or blue ink when completing New Hire Forms.
To ensure faster processing of the I-9 form, please print the employee’s ID number on top of the I-9 form.
Send to Payroll Services the following documents: ● I-9
● Oath & Patent Form ● UC W-4/DE4
● If foreign national, either Tax Treaties documents (UC W-4/DE4, UC W-8BEN, 8233, Tax Treaty Article) or Non-Treaties documents (UC W4 NR/DE 4,
UC W-8BEN, UC W-4/DE4)
The Oath
1. All employees mustcomplete
this section in full.
2. Only U.S. citizens
(includes naturalized
citizens) complete this section of the Oath form. 3. Departmental personnel must witness employee’s signature. 4. Departmental personnel must sign the Authorized Official section of the form. 109
The Patent
1. All employees
complete the Patent form, regardless of their citizenship status.
2. Departmental Personnel must witness the
employee’s signature.
3. Departmental Personnel
must sign the Witness section of the form.
Note:
Contact the Payroll Services if any
employee refuses to complete the Patent form.
