Form I-9 Reference Manual - University of Oklahoma Human ...

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IFSS Reference Manual to I-9 Table of Contents Background 1 Employer Responsibilities 1 Employee Responsibilities 1 I-9 Requirements 1-5 Who Needs to Complete an I-9? Independent Contractor Receipt Rule Reverification and Tickler Files Break In Service Completing the Form I-94 5-6 Acceptable Documents 6-8 Documents Removed from Form I-9 List Expired Documents Unexpired Foreign Passport with I-94 or I-551 Stamp Social Security Cards I-20 Certificate of Eligibility (F-1 status) DS-2019 Certificate of Eligibility (J-1 Status) I-797 Notice of Action Terminology 8 Visa vs. Immigration Status Alien and Admission Numbers Immigrant 8 Lawful Permanent Resident Asylee/Refugee Nonimmigrant 9-11 B-1/B-2 or WB/WT F-1 Students J-1 Exchange Visitors H-1B Nonimmigrant Worker O-1 Nonimmigrant TN Trade NAFTA Derivative F-2, J-2, H4 & O3 (Dependents) EAD Cards 11 Employment Eligibility Verification Instructions, I-9 Form and List of Acceptable Documents 12 Document Review Standards and Common Sources of Confusion 12-13 Other issues 13-14 Resources 14-15 2
Background IFSS Reference Manual to I-9 What is a Form I-9? The Immigration and Nationality Act (INA) as amended by the Immigration Reform and Control Act of 1986 (IRCA) was the first federal law making it illegal for employers to knowingly hire persons who are not authorized to work in the United States. To implement this, employers are required to complete the Form I-9 to confirm the identity and work eligibility of all persons hired after November 1986. INS to USCIS On March 1, 2003, services formerly provided by the Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) under U.S. Citizenship & Immigration Services (USCIS). The INS ceases to exist. Employer Responsibilities Employees at the Norman and Tulsa campus will present themselves to their local OU Human Resources office for I-9 completion. OU Health Sciences Center employing departments are considered the employer. All employer responsibilities identified in this manual refer to the employing department. Employers are required by the Immigration Reform and Control Act of 1986 to: • Have a completed I-9 form for all new hires. • Provide all three pages of the I-9 form to each employee. • Ensure each employee completes all areas of Section 1 of the I-9 on the first day of hire. • Allow employees to present any document or combination of documents that appear genuine. • Complete Section 2 of the form by the third day of employment using the documentation presented by the employee from the list of acceptable documents. • Review the I-9 form and record the acceptable List A, B and/or C documents for each employee, to include document title, issuing authority, number, and expiration date, if applicable. • Stop employment of any employee not providing work authorization within three days of hire. • Terminate any employee not completing Section 1 or providing work authorization on the first day of employment when hired for a period less than three days. • Monitor work authorization expiration dates and reverify on or before the noted expiration date. TIP: An employee of the University of Oklahoma is not required to include his/her social security number in Section 1 of the Form I-9. NOTE: Requesting more or different documentation than the minimum necessary to meet I-9 requirements may constitute an unfair immigration-related employment practice. Employee Responsibilities • Present original documents establishing identity and employment eligibility within three days of employment or at the time of hire if employed for less than three business days. • Indicate in Section 1 eligibility for employment and provide supporting documentation or receipt for application of lost, stolen or damaged documents and provide original documents within 90 days (Refer to “Receipt Rule” in the HSC Quick Guide to I-9). • Provide original documentation for work authorization extensions. I-9 Requirements Who Needs to Complete an I-9? You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is "hired" when he or she begins to work for you for wages or other compensation/remuneration. Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and 3
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