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

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IFSS Reference Manual to I-9 The employee must complete Section 1 no later than the first day of hire and the employer must complete Section 2 no later than the third day of employment. • The employee is to complete all areas of Section 1 of the Form I-9 no later than the first day of employment. • The employer is responsible to ensure all required areas in Section 1 are complete. One of three boxes must be checked. An alien number or admission number must be filled-in whenever the second or third box is checked (Refer to “Alien and Admission Number” section of this manual). The third block also requires that the work expiration date be filled-in. NOTE: Certain aliens, such as refugees/asylees, are authorized to work indefinitely incidental to their status and may not have an expiration date to fill-in for the bottom box of the attestation block in Section 1. A notation should be included that work authorization is “indefinite” (Additional information is located in “Receipt Rule” for Refugee and “Other Issues” for Asylee). • The employer should review the acceptable document List A or the List B and C documents with the employee and address questions. • The employer may not request or require specific documents to complete the I-9 but may explain the range of documents acceptable in each list. The employer is required to accept presented documents and determine from these documents if the employee is eligible to work. • The employer shall complete Section 2 by the end of the third day of employment using the documents presented by the employee. Record the document title, issuing authority, number, and expiration date (if any) for all List A, List B, and List C items. • Employers should note that some employees may be eligible for employment by virtue of holding valid H-1B status with another employer (Refer to the “H-1B Nonimmigrant Worker” section of this manual for detailed instructions). • If not eligible to work, the employee shall be terminated and may not be rehired until such time (s)he can present acceptable work authorization. An employee in a Leave of Absence is still considered in active status and is not an appropriate status for an employee who cannot produce valid work authorization. • The employer is responsible to ensure Sections 1 and 2 are completed and signed. • It is recommended that the employer establish a tickler file on each employee with a work authorization expiration date. (See “Reverification” procedures listed on page 5 of this manual) • The employing department at the Health Sciences Center must submit the completed Form I-9 to HSC Human Resources Records, SCB 122. Attach copies of the verifying documentation. Incomplete and inaccurate forms will be returned to the employing department. Tulsa & Norman employees must present themselves to Human Resources Payroll & Records and provide original documentation for review. • The employer is responsible to ensure the employee does not work until the I-9 has been approved by Human Resources Payroll & Records. Acceptable Documents If a card reasonably appears to be genuine and to relate to the person presenting it, the employer should not dismiss that employee. However, if a card does not meet this standard, the employer should reject it for I-9 purposes and ask the individual to produce other acceptable I-9 documentation. In cases where the employee does not produce acceptable documentation that appears to be genuine and to relate to the individual presenting it, the employer should not continue to employ the individual. Documents Removed from Form I-9 List • Form I-151 is no longer an acceptable List A, item #5 document. However, Form I-551 remains an acceptable List A, item #5 document. • Certificate of U.S. Citizenship (List A #2), • Certificate of Naturalization (List A #3), • Unexpired Reentry Permit (List A #8) and; • Unexpired Refugee Travel Document (List A #9). 6
IFSS Reference Manual to I-9 NOTE: Form I-766 (Employment Authorization Document), although not listed on the 5/31/05 version of the Form I-9, is an acceptable List A, item #10 document. Expired Documents Some expired documents are acceptable for I-9 purposes. These include an expired US passport (List A #1) and all documents under List B. The document must be genuine and relate to the individual present them. No other expired documents are acceptable. Unexpired Foreign Passport with I-94 or I-551 Stamp The unexpired foreign passport with an I-94 “card” and a work authorization stamp or I-551 stamp (temporary evidence as a permanent resident) authorizes employment and together is considered a List A document. Both the expired passport and I-94 or I-551 stamp must be recorded in List A. The I-94 card, when attached to an unexpired foreign passport may indicate “Duration of Stay” or “D/S” instead of an expiration date. In this case, an I-20, DS-2019, or I-797 must accompany the I-94 card and will be recorded as a List C #7 document (Refer to “Common Sources of Confusion” section of this manual for more information on the I-94 & I-551 stamp) TIP: An I-20, DS-2019, and I-797 are also considered List C item #7 documents and either may be used to establish employment eligibility if an identity document from List B is also provided. Social Security Cards The Social Security Administration currently issues two types of cards; restricted and unrestricted. Unrestricted SSA cards issued to lawful permanent residents, refugees, and asylees are undistinguishable form those issued to US citizens. Restricted SSA cards are issued to aliens that have current employment authorization. These cards will have one of the following notations listed: “Valid only with INS (or DHS) Authorization” – Issued to aliens who present proof of temporary work authorization; these cards do NOT satisfy the Form I-9 requirements. “Not Valid for Employment” – Issued to aliens who have a valid non-work reason for needing a social security number (e.g. federal benefits, state public assistance benefits), but are NOT authorized to work in the US. NOTE: Employees who may have adjusted status to permanent resident or have naturalized have been known to present a restricted SSA card for payroll purposes. In cases like this, the employer should encourage the employee to report the change in status to the Social Security Administration immediately. I-20 Certificate of Eligibility (F-1) Form I-20 (List C #7) identifies the participant (block 1) and the US admitting school (block 2); provides the action issued, such as initial or continued attendance, transfer, etc. (block 3); gives the beginning and ending dates of the program (block 5); identifies the name and signature of the Designated School Official (block 10); and validates authorized student employment on page 3. DS-2019 Certificate of Eligibility (J-1) Form DS-2019 (List C #7) identifies the participant (block 1) and the sponsor (block 2 and block 7, which contains the name, signature and telephone number/address of the sponsor's responsible officer), provides a brief description of the program activity to be completed by the participant (block 2), indicates the begin and end dates of the program (block 3) and the program category (block 4), and provides a breakout of the total estimated financial support to be provided to the participant during his or her program (block 5). I-797 Notice of Action This is a form sent to the petitioner or requestor giving notice of the action taken on an application or petition filed with the USCIS. There are three types of this form; 7
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