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

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IFSS Reference Manual to I-9 lodging. Please note that if the employee is performing the work entirely in a foreign country, a Form I-9 does not have to be completed. However, if the employee will perform some work in the United States (i.e., attending meetings, giving presentations, etc.) then a Form I-9 should be completed at the beginning of the employment relationship. ATTENTION! For the purposes of clarification: The "employer" is the University of Oklahoma. Only University of Oklahoma employees, or properly authorized agents, are permitted to complete sections 2 and 3 of the Form I-9. An "employee" is either a new hire or a current employee who is updating and/or reverifying employment eligibility. Independent Contractor Independent contractors are not required to complete an I-9 form. Independent contractors are typically defined as individuals or companies who are not appointed as employees of the University but who receive payment directly from Financial Services Accounts Payable for work performed. As a general rule, independent contractors perform a service or a project. The contracting department does not specifically direct hours or control work procedures, nor are fringe benefits provided. Note: Individuals receiving payment through the university’s Payroll Services are required to complete an I-9 form. Receipt Rule 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 renewal of current work authorization. An employer may only accept receipts for: • A replacement document in lieu of the required document if a document was lost, stolen, or damaged. The replacement document must be presented within 90 days of the date of hire. In the case of reverification, the replacement document must be presented on the date employment authorization expires. • An employee may present as a receipt, the arrival portion of the Form I-94 (front) containing both an unexpired temporary I-551 ADIT stamp (indicating temporary evidence of permanent resident status) AND a photograph of the individual. This constitutes a List A item and must be presented with a photograph for identity purpose. If the expiration date is not listed on the I-94, this document will be valid for one year from the issue date, which should be calculated and noted on the I-9 for reverification purposes. The “green card” or Permanent Resident card (i.e., Form I-551) itself should be presented by the end of the receipt validity period for reverification purposes. • A Form I-94 containing a refugee admission stamp may be presented as a receipt and is sufficient to establish both identity and employment for a 90-day period and may be recorded as a List A item. To indicate refugee status, the stamp may include a reference to INA Section 207 rather than state the word “refugee”. Within 90 days of the date of hire or the employment expiration date , the employee may present an Employment Authorization Card (I-688B or I-766), which may be used as an I-9 reverification document in Section 3 Block B OR; the employee must present an unrestricted Social Security card AND an identity document. In this instance, it is recommended that the employer utilize a new I-9 to attach to the original I-9. Complete Sections 1 & 2 as required, recording the identity document in List B and the Social Security card in List C. Include copies of all acceptable documents with the original I-9 (Refer to “Procedures to Compete I-9” section of this manual). Break in Service A break in service is the resignation or termination of an employee. A new I-9 is required when there is a break in services with the University and more than three years have expired since the completion of the previous I-9. Read the paragraph below for information on rehires within three years of termination. (Also refer to ”Update and/or Reverification” in the HSC Quick Guide to I-9). Update; I-9 Section 3 If an employee is rehired within three years of the date listed on the originally completed I-9 form and the employee is still eligible to be employed on the same basis as previously recorded on the form, the employer will update the I-9 by completing Block B and the signature block. If an employee is rehired as listed above AND his/her name has changed, the employer will update the name in Block A and also update the rehire date in Block B and complete the signature block. 4
IFSS Reference Manual to I-9 Reverification Employers must reverify an employee’s work eligibility who has indicated an employment authorization expiration date in Section 1 and/or who present List A or C documents with an expiration date. The majority of employees who are not U.S. citizens or permanent residents will have work authorization with an expiration date. The expiration date will be listed on the I-94, I-797A, I-20, DS-2019 or EAD (Refer to “Immigration Terminology” section of this manual). To maintain continuous employment eligibility, an employee with temporary work authorization should apply for a new work permit at least 90 days prior to the current authorization expiration date. The employer must receive reverifying documents prior to the work authorization expiration. An employee must present acceptable documentation or the employer must terminate employment or risk being subject to penalties if the individual is not in fact authorized to work (Refer to “Other Issue” in this manual). NOTE: Certain classes of nonimmigrant workers are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration. Departments that have initiated an extension of stay with International Faculty & Staff Services and have not received the notice of approval should calculate the 240 and note the date in Sections 1 & 2 to clearly reflect this extension. The update should be initiated and dated (Refer to “Other Issues” in this manual for detailed information). Update AND Reverification; I-9 Section 3 If an employee’s name has changed at the same time the employee’s work authorization is expiring, the employer will update the new name in Block A and reverify employment eligibility in Block C and the signature block. If an employee is rehired within three years of the date listed on the originally completed I-9 form and the employee’s work authorization has expired or is about to expire, the employer will update the rehire date in Block B and reverify employment eligibility in Block C and the signature block. Employers should 1. Maintain a tickler file to contact the employee at least 90 days prior to the work authorization expiration date. 2. Notify the employee that they must provide either a List A or List C document for reverification purposes. The employee does not need to provide the same document as presented originally. List B establishes identity and is not required for employment reverification purposes. 3. Examine documents presented and complete Section 2 or 3 within the required period (Refer to “Employer Responsibilities” section of this manual or the HSC Quick Guide to I-9). 4. Submit completed Form I-9 to Human Resources Records, as required (Refer to the publications on the Human Resources website). When the employee does not provide acceptable documentation, the employer must terminate employment or risk being subject to penalties if the individual is not in fact authorized to work. Employers should not allow the employee to be placed on a leave of absence, but instead should rehire these individuals once they present acceptable work authorization (Refer to “Discovering an Unauthorized Employee” under “Other Issues” section of this manual). Procedures to Complete the Form I-9 A blank I-9 may be reproduced, provided both sides are copied. The Instructions page must also be available to all employees completing this form. The form can be sent to the employee with the job offer/appointment letter, but Section 1 must be verified by the employer at the same time Section 2 is being completed. Departments are required to establish a consistent procedure in distributing and completing the I-9 form with all employees. I-9 forms are available from the Human Resources website. The I-9 may be completed anytime following the employee’s acceptance of the job offer. 5
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