New I-9 Handbook for Employers - Immigration Lawyer

Handbook for EmployersInstructions for Completing Form I-9(Employment Eligibility Verification Form)If you have questions after reviewing this Handbook, please contact your localINS office at the address found in the back of this Handbook. Direct your letterto the attention of the Employer Relations Offices.DO NOT CONTACT THE INTERNAL REVENUE SERVICE (IRS)

U. S. Department of JusticeImmigration and Naturalization ServiceTo United States Employers:Thank you for your cooperation and assistance. For the past five years, you haveworked with us to implement the employment eligibility verification and employersanctions provisions of the Immigration Reform and Control Act of 1986. Yourteamwork has made the law a success, ensuring fairness in applying the law andpreserving jobs for those who are legally eligible to work -- citizens and nationalsand aliens authorized to work in the United States.Based on comments and suggestions received from the public and our experiencein these first years, we have revised the Employment Eligibility Verification Form(I-9) and expanded this Handbook for Employers. We have sought to simplify andclarify.This Handbook provides a step-by-step explanation of what you as an employermust do to meet your responsibilities under the law. It also explains theresponsibilities and rights of employees in the hiring and verification process. Wehave included additional illustrations of documents that may be used to establishidentity and employment eligibility. The Handbook also provides expandedinformation about how to avoid employment discrimination based on citizenship ornational origin.The Immigration and Naturalization Service thanks you for your compliance withthese requirements, now an established part of our nation's laws. We are countingon your continued cooperation.Gene McNaryCommissionerImmigration and Naturalization Service

1ContentsPart OneThis Handbook is divided into eight (8)parts:Why Employers Must Verify EmploymentEligibility of New Employees* Part 1 - Why Employers Must Verify EmploymentEligibility of New Employees.See Page 1* Part 2 - When You Must Complete the Form I-9.See Page 3* Part 3 - How to Complete the Form I-9.See Page 3*Part 4 - Unlawful Discrimination.See Page 8* Part 5 - Penalties for Prohibited Practices.See Page 9* Part 6 - Instructions for Recruiters and Referrersfor a Fee.See Page 11* Part 7 - Some Questions You May Have Aboutthe Form I-9.See Page 12*Part 8 - Acceptable Documents for VerifyingEmployment Eligibility.See Page 20This Handbook includes two copies of the Form I-9.At the back, you will also find a list of INS offices foryou to contact if you need more information.United States Department of JusticeImmigration and Naturalization ServiceIn recent years, Congress has worked to reform ournation's immigration laws. These reforms, the resultof a bipartisan effort, preserve our tradition of legalimmigration while closing the door to illegal entry.The employer sanctions provisions, found at Section274A of the Immigration and Nationality Act, wereadded by the Immigration Reform and Control Act of1986 (IRCA). These provisions further changed withthe passage of the Immigration Act of 1990.References to "the Act" in this Handbook refer to theImmigration and Nationality Act, as amended.Employment is often the magnet that attracts personsto come to or stay in the United States illegally. Thepurpose of the employer sanctions law is to removethis magnet by requiring employers to hire onlypersons who may legally work here: citizens andnationals of the United States and aliens authorized towork. To comply with the law, you must verify theidentity and employment eligibility of anyone you hire,and complete and retain a Form I-9 like the onecontained in this Handbook.In addition, the law obliges you not to discriminateagainst individuals on the basis of national origin orcitizenship, or to require more or different documentsfrom a particular individual. (See Part 4.)This law has been strongly supported by the public.Employers have joined, and continue to join, the effortto protect our heritage of legal immigration. Thiscooperation has made jobs available to Americancitizens and to aliens who are authorized to work inour country. In addition to being the law, it is goodbusiness practice for you to verify the identity andemployment eligibility of your workers. The lawdeserves your support.The Form I-9 was developed for verifying that personsare eligible to work in the United States. You shouldhave completed a Form I-9 for everyone you havehired after November 6, 1986. The law requires youas an employer to:November 1991*Ensure that your employees fill out Section 1 ofthe Form I-9 when they start to work;

2*Review document(s) establishing eachemployee's identity and eligibility to work;*Properly complete Section 2 of the Form I-9;*Retain the Form I-9 for 3 years after the date theperson begins work or 1 year after the person'semployment is terminated, whichever is later;and*Make the Form I-9 available for inspection to anofficer of the Immigration and NaturalizationService (INS), the Department of Labor (DOL),or the Office of Special Counsel for ImmigrationRelated Unfair Employment Practices (OSC)upon request. You will be given at least 3 daysadvance notice.NOTE: This does not preclude the INS, theDOL, or the OSC from obtaining warrants basedon probable cause for entry onto the premises ofsuspected violators without advance notice.If you are an agricultural association, agriculturalemployer, or farm labor contractor who employspeople, or recruits or refers people for a fee, theserequirements apply to you. (See Part 6.)If you employ anyone for domestic work in yourprivate home on a regular basis (such as everyweek), these requirements apply to you.If you are self-employed, you do not need to completea Form I-9 on yourself unless you are also anemployee of a business entity, such as a corporationor partnership, in which case the business entity isrequired to complete a Form I-9 on you.The instructions in this Handbook will help you assessyour responsibilities for completing the form andcomplying with the law.New Developments In the LawThe Immigration Act of 1990On November 29, 1990, the President signed into lawthe Immigration Act of 1990 which amended theImmigration and Nationality Act. You should be awareof several provisions in this new law which affect yourresponsibilities as an employer.New Anti-Discrimination ProvisionsFor the purpose of satisfying the employmenteligibility verification requirements, an employercannot request that an employee present more ordifferent documents than are required. Also, anemployer cannot refuse to honor documents which ontheir face reasonably appear to be genuine and torelate to the person presenting them. The new lawmakes these actions unfair immigration-relatedemployment practices. (See Part 4.)New Document Fraud ProvisionsUnder the new law, it is unlawful for anyone knowinglyto engage in any of the following activities for thepurpose of satisfying a requirement of the Act:* To forge, counterfeit, alter, or falsely make anydocument;* To use, attempt to use, possess, obtain, accept,or receive any forged, counterfeit, altered, orfalsely made document;*To use or attempt to use any document lawfullyissued to a person other than the possessor(including a deceased individual); or*To accept or receive any document lawfullyissued to a person other than the possessor(including a deceased individual) for the purposeof complying with the employment eligibilityverification requirements. (See Part 5.)Where to Get the Form I-9Two copies of the Form I-9 are included in thisHandbook. If you need more forms, you canphotocopy or print the forms, provided both sides arereproduced. The Instructions page must also bemade available to both you and the employee duringthe completion of the form. You may obtain a limitednumber of copies from the INS or you may orderthem in bulk from the Superintendent of Documentsat the following address:Superintendent of DocumentsU.S. Government Printing OfficeWashington, D.C. 20402

3Part TwoPart ThreeWhen You Must Complete the Form I-9 How to Complete the Form I-9Every time you hire any person to perform labor or Section 1services in return for wages or other remuneration,* Have your employees complete Section 1 at theyou must complete the Form I-9. This requirementtime of the hire -- when they begin to work -- byapplies to everyone hired after November 6, 1986.filling in the correct information and signing anddating the form.Ensure that the employee fully completes Section Iof the form at the time of the hire -- when the*If your employees cannot complete Section 1 byemployee begins work.themselves or if they need the form translated,someone may assist them. The preparer orReview the employee's document(s) and fullytranslator must read the form to the employee,complete Section 2 of the form within 3 businessassist him or her in completing Section 1, anddays of the hire.have the employee sign or mark the form in theappropriate place. The preparer or translatorIf you hire a person for less than 3 businessmust then complete the Preparer/Translatordays, Sections 1 and 2 of the Form I-9 must befully completed at the time of the hire -- when theCertification block on the Form I-9.employee begins work.*You are responsible for reviewing and ensuringYou DO NOT need to complete a Form I-9 for:*Persons hired before November 7, 1986, whoare continuing in their employment and have areasonable expectation of employment at alltimes;*Persons you employ for casual domestic work ina private home on a sporadic, irregular, orintermittent basis;* Persons who are independent contractors; or* Persons who provide labor to you who areemployed by a contractor providing contractservices (e.g., employee leasing).*that your employees fully and properly completeSection 1.Section 2Employees must present to you an originaldocument or documents that establish identityand employment eligibility within 3 businessdays of the date employment begins. Somedocuments establish both identity andemployment eligibility (List A). Other documentsestablish identity only (List B) or employmenteligibility only (List C). Employees can choosewhich document(s) they want to present fromthe lists of acceptable documents. These listsappear in Part 8 of this Handbook and on theback of the Form I-9.NOTE: You cannot contract for the labor ofan alien if you know the alien is not authorized towork in the United States.*You must examine the original document ordocuments presented by the employee and thenfully complete Section 2 of the Form I-9. Youmust examine one document from List A or onefrom List B and one from List C. Record thetitle, issuing authority, number, and expirationdate (if any) of the document(s); fill in the dateof hire and correct information in the certificationblock; and sign and date the Form I-9. Youmust accept any document(s) (from List A) orcombination of documents (one from List B andone from List C) presented by the individualwhich reasonably appear on their face to begenuine and to relate to the person presentingthem. You may not specify which document(s)an employee must present.

4*It employees are unable to present the requireddocument(s) within 3 business days of the dateemployment begins, they must present a receiptfor the application for the document(s) within 3business days. The employees must haveindicated, by having checked an appropriate boxin Section 1, that they are already eligible to beemployed in the United States. When theyprovide you with a receipt showing that theyhave applied for a document evidencing thateligibility, you should record the document title inSection 2 of the Form I-9 and write the word''receipt'' and any document number in the"Document #" space. The employee mustpresent the actual document within 90 days ofthe date employment begins. At that time, youshould cross out the word "receipt" and anyaccompanying document number, insert thenumber from the actual document presented,and initial and date the change.*You must retain the Form I-9 for 3 years afterthe date employment begins or 1 year after theperson's employment is terminated, whicheveris later.Future Expiration DatesFuture expiration dates may appear on the Form I-9 oron the employment authorization documents of aliens,including, among others, permanent residents,temporary residents, and refugees. INS includesexpiration dates even on documents issued to alienswith permanent work authorization. The existence ofa future expiration date:*Does not preclude continuous employmentauthorization;* Does not mean that subsequent employmentauthorization will not be granted; and* Should not be considered in determiningwhether the alien is qualified for a particularposition.Consideration of a future employment authorizationexpiration date in determining whether an alien isqualified for a particular job may constituteemployment discrimination. (See Part 4.) You will,however, need to reverify the employee's eligibility towork when any expiration date on the Form I-9 isreached.Reverifying Employment Authorization for CurrentEmployeesWhen an employee's work authorization expires, youmust reverify his or her employment eligibility. Youmay use Section 3 of the Form I-9 or, if Section 3 hasalready been used for a previous reverification orupdate, use a new Form I-9. If you use a new form,you should write the employee's name in Section 1,complete Section 3, and retain the new form with theoriginal. The employee must present a document thatshows either an extension of the employee's initialemployment authorization or now work authorization.If the employee cannot provide you with proof ofcurrent work authorization, you cannot continue toemploy that person.To maintain continuous employment eligibility, anemployee with temporary work authorizationshould apply for new work authorization at least90 days before the current expiration date. If theService fails to adjudicate the application foremployment authorization within 90 days, then theemployee will be authorized for employment on FormI-688B for a period not to exceed 240 days.You must reverify on the Form I-9 not later thanthe date the employee's work authorizationexpires.Reverifying or Updating EmploymentAuthorization for Rehired EmployeesWhen you rehire an employee, you must ensure thathe or she is still authorized to work. You may do thisby completing a new Form I-9 or you may reverity orupdate the original form by completing Section 3.If you rehire an employee who has previouslycompleted a Form I-9, you may reverify on theemployee's original Form I-9 (or on a new Form I-9 ifSection 3 of the original has already been used) if:*You rehire the employee within 3 years of theinitial date of hire; and* The employee's previous grant of workauthorization has expired but he or she iscurrently eligible to work on a different basis orunder a new grant of work authorization thanwhen the original Form I-9 was completed.

5To reverify, you must:*Record the date of rehire;*You should write "Individual under age 18" inSection 2, List B, in the space after the words"Document #"; and* Record the document title, number, andexpiration date (if any) of any document(s)presented;**Sign and date Section 3; andIf you are reverifying on a new form, write theemployee's name in Section 1.If you rehire an employee who has previouslycompleted a Form I-9, you may update on theemployee's original Form I-9 or on a new Form I-9 if:* You rehire the employee within 3 years of theinitial date of hire; and* The employee is still eligible to work on thesame basis as when the original Form I-9 wascompleted.To update, you must:* Record the date of rehire;* Sign and date Section 3; and* If you are updating on a new form, write theemployee's name in Section 1.In all of the situations described above with respect torehired employees, you always have the option ofcompleting Sections 1 and 2 of a new Form I-9instead of completing Section 3.*The minor must present a List C documentshowing his or her employment eligibility. Youshould record the required information in theappropriate space in Section 2.Handicapped Employees (Special Placement)If a person with a handicap, who is placed in a job bya nonprofit organization or as part of a rehabilitationprogram, cannot present a List A document or anidentity document from List B, the Form I-9 shouldbe completed in the following way:*A representative of the nonprofit organization, ora parent or a legal guardian, must completeSection 1 and write "Special Placement" in thespace for the employee's signature;*The representative, parent, or legal guardianmust complete the "Preparer/TranslatorCertification" block;*You should write "Special Placement" in Section2, List B, in the space after the words"Document #"; and*The handicapped employee must present a ListC document showing his or her employmenteligibility. You should record the requiredinformation in the appropriate space in Section2.Minors (Individuals Under Age 18)If a minor -- a person under the age of 18 -- cannotpresent a List A document or an identity documentfrom List B, the Form I-9 should be completed in thefollowing way:* A parent or legal guardian must completeSection 1 and write "Individual under age 18" inthe space for the employee's signature;*The parent or legal guardian must complete the"Preparer/Translator Certification" block;

6Section 1 - To be completed by the EMPLOYEESTEP 1Fill in the personal information.STEP 2Check the box for work eligibility.Fill in other information ifapplicable.STEP 3Read, sign, and date.STEP 4(Preparer/Translator only)Read, fill in information, sign, anddate.Section 2 - To be completed by the EMPLOYERSTEP 5Examine the document(s) and fillin the document title, issuingauthority, number, and expirationdate (if any) in the spaceprovided.STEP 6Read, fill in information (includingthe date employment begins inthe certification), sign, and date.Section 3 - To be completed by the EMPLOYERSTEP 7Fill in the new name and/or dateof rehire (if applicable).STEP 8Examine the document(s) and fillin the document title, number,and expiration date (if any) in thespace provided.STEP 9Read, sign, and date.

7Part Three of this Handbook gives instructions forcompleting the Form I-9 for minors and handicappedindividuals who are unable to present a List Adocument or a List B (identity) document. Thisexample shows a completed Form I-9 in which aparent has attested to a minor employee's identity.Section 1. To be completed by the PARENT, LEGAL GUARDIAN, OR REPRESENTATIVE OF THENONPROFIT ORGANIZATIONSTEP 1Fill in the personal information.STEP 2Check the box for work eligibility.Fill in other information asrequired.STEP 3Read, then write "Individualunder age 18" in the space forthe employee's signature.STEP 4(Preparer/Translator)Read, fill in information, sign, anddate.Section 2 - To be completed by the EMPLOYERSTEP 5Examine a List C documentestablishing employment eligibility.Fill in the document title,issuing authority, number, andexpiration date (if any) in thespace provided. Under List B,write "Individual under age 18" inthe space provided for''Document #."STEP 6Read, fill in information, sign, anddate.

8Part FourUnlawful DiscriminationGeneral ProvisionsThe Immigration and Nationality Act, as amended, andTitle VII of the Civil Rights Act of 1964, as amended,prohibit employment discrimination. Employers with 4or more employees are prohibited from discriminatingagainst any person (other than an unauthorized alien)in hiring, discharging, or recruiting or referring for afee because of a person's national origin, or in thecase of a citizen or protected individual, because of aperson's citizenship status. Employers with 15 ormore employees may not discriminate against anyperson on the basis of national origin in hiring,discharge, recruitment, assignment, compensation, orother terms and conditions of employment.NOTE: For the definition of a "protectedindividual," see Question #41 on Page 18 of thisHandbook.In practice, this means that employers must treat allemployees the same when completing the Form I-9.Employers cannot set different employment eligibilityverification standards or require that differentdocuments be presented by different groups ofemployees. Employees can choose whichdocuments they want to present from the lists ofacceptable documents. An employer cannot requestthat an employee present more or differentdocuments than are required or refuse to honordocuments which on their face reasonably appear tobe genuine and to relate to the person presentingthem. An employer cannot refuse to accept adocument, or refuse to hire an individual, because adocument has a future expiration date. For example,temporary resident aliens have registration cards andpersons granted asylum have INS work authorizationdocuments that will expire, but they are ordinarilygranted extensions of their employment authorizationand they are protected by law from discrimination.Generally, employers who have 4 or more employeescannot limit jobs to United States citizens to theexclusion of authorized aliens. Such a limitation mayonly be applied to a specific position when requiredby law, regulation, or executive order; when requiredby a Federal, state, or local government contract; orwhen the Attorney General determines that UnitedStates citizenship is essential for doing business withan agency or department of the Federal, state, orlocal government.On an individual basis, an employer may legally prefera United States citizen or national over an equallyqualified alien to fill a specific position. However, anemployer may not adopt a blanket policy ofalways preferring a qualified citizen over aqualified alien.Verification of identity and employment eligibility is notrequired until an individual actually starts work. TheForm I-9 should be completed at the same point inthe employment process for all employees. Differentprocedures should not be established based on anindividual's appearance, name, accent, or otherfactors.Procedures for Filing ComplaintsDiscrimination charges may be filed by an individualwho believes he or she is the victim of employmentdiscrimination, a person acting on behalf of such anindividual, or an INS officer who has reason to believethat discrimination has occurred.Charges of national origin discrimination againstemployers with 4 to 14 employees, and all charges ofcitizenship status discrimination against employerswith 4 or more employees, should be filed with theOffice of Special Counsel for Immigration RelatedUnfair Employment Practices (OSC) within theDepartment of Justice.Discrimination charges must be filed with the OSCwithin 180 days of the discriminatory act. Uponreceipt of a discrimination charge, the OSC will notifythe employer within 10 days that the charges havebeen filed and that an investigation will be conducted.If the OSC has not filed a complaint with anadministrative law judge within 120 days of receiving acharge of discrimination, it will notify the personmaking the charge of its determination not to file acomplaint. The person making the charge (other thanan INS officer) may file a complaint with anadministrative law judge within 90 days after receivingthe notice from the OSC. In addition, the OSC maystill file a complaint within this 90-day period. Theadministrative law judge will conduct a hearing andissue a decision.An employer is prohibited from taking retaliatoryaction against a person who has filed a charge ofdiscrimination or who was a witness or otherwiseparticipated in the investigation of another person'scomplaint. Such retaliatory action is a violation of theAct's anti -discrimination provision and of Title VII.

9Additional InformationPart FiveFor more information about immigration-relateddiscrimination, contact the Office of Special Penalties for Prohibited PracticesCounsel for Immigration Related UnfairEmployment Practices, P.O. Box 65490, A. UNLAWFUL EMPLOYMENTWashington, D.C., 20035-5490, or call 1-800-255-7688 or for the hearing impaired TDD 1-800-237- 1. Civil Penalties2515. In Washington, D.C., call (202) 653-8121 orTDD (202) 296-0168.If an investigation reveals that an employer hasknowingly hired or knowingly continued toFor more information on Title VII and policies and employ an unauthorized alien, or has failed toprocedures of the Equal Employment Opportunity comply with the employment eligibilityCommission, call 1-800-USA-EEOC.verification requirements, with respect toemployees hired after November 6, 1986, theINS may take action. When the INS intends toimpose penalties, a Notice of Intent to Fine (NIF)is issued. Employers who receive a NIF mayrequest a hearing before an administrative lawjudge. If a request for a hearing is not receivedwithin 30 days, the penalty will be imposed anda Final Order will be issued. When a Final Orderis issued, the penalty is final and unappealable.* Hiring or continuing to employ unauthorizedaliensEmployers determined to have knowingly hiredunauthorized aliens (or to be continuing toemploy aliens knowing that they are or havebecome unauthorized to work in the UnitedStates) may be ordered to cease and desistfrom such activity, and pay a civil money penaltyas follows:* First Offense. Not less than $250 and notmore than $2,000 for each unauthorizedalien;*Second Offense. Not less than $2,000 andnot more than $5,000 for eachunauthorized alien; or* Subsequent Offenses. Not less than$3,000 and not more than $10,000 for eachunauthorized alien.After November 6, 1986, if an employer uses acontract, subcontract, or exchange entered into,renegotiated, or extended, to obtain the labor ofan alien and knows the alien is not authorized towork in the United States, the employer will beconsidered to have knowingly hired anunauthorized alien. The employer will be subjectto the penalties set forth above.

10* Failing to comply with the Form I-9 requirementsEmployers who fail to properly complete, retain,and/or make available for inspection Forms I-9as required by law may face civil moneypenalties of not less than $100 and not morethan $1,000 for each employee for whom theForm I-9 was not properly completed, retained,and/or made available.* Requiring indemnificationEmployers found to have required a bond orindemnity from an employee against liabilityunder the employer sanctions laws may beordered to pay a civil money penalty of $1,000for each violation and to make restitution, eitherto the person who was required to pay theindemnity, or, if that person cannot be located,to the United States Treasury.* Good faith defense*If an employer can show that he or she hascomplied with the Form I-9 requirements, thenthe employer has established a "good faith"defense with respect to a charge of knowinglyhiring an unauthorized alien, unless thegovernment can show that the employer hadactual knowledge of the unauthorized status ofthe employee.2. Criminal PenaltiesEngaging in a pattern or practice of knowinglyhiring or continuing to employ unauthorizedaliensPersons or entities who are convicted of havingengaged in a pattern or practice of knowinglyhiring unauthorized aliens (or continuing toemploy aliens knowing that they are or havebecome unauthorized to work in the UnitedStates) after November 6, 1986, may face finesof up to $3,000 per employee and/or 6 monthsimprisonment.* Engaging in fraud or false statements, orotherwise misusing visas, immigration permits,and identity documentsPeople who use fraudulent identification oremployment eligibility documents, or documentsthat were lawfully issued to another person, orwho make a false statement or attestation forpurposes of satisfying the employment eligibilityverification requirements, may be fined, orimprisoned for up to 5 years, or both.B. UNLAWFUL DISCRIMINATIONIf an investigation reveals that an employer hasengaged in unfair immigration -related employmentpractices under the Act, the OSC or the EEOC maytake action. An employer will be ordered to stop theprohibited practice and may be ordered to take one ormore of the following steps:*Hire or reinstate, with or without back pay,individuals directly injured by the discrimination;* Lift any restrictions on an employee'sassignments, work shifts, or movements;* Post notices to employees about their rights andabout employers' obligations;* Educate all personnel involved in hiring and incomplying with the employer sanctions and antidiscriminationlaws about the requirements ofthese laws; and/or*Remove a false performance review or falsewarning from an employee's personnel file.Employers may also be ordered to pay a civil moneypenalty as follows:*First Offense. Not less than $250 and not morethan $2,000 for each individual discriminatedagainst;*Second Offense. Not less than $2,000 and notmore than $5,000 for each individualdiscriminated against;* Subsequent Offenses. Not less than $3,000 andnot more than $10,000 for each individualdiscriminated against; or* Unlawful Request for More or DifferentDocuments. Not less than $100 and not morethan $1,000 for each individual discriminatedagainst.Employers may also be ordered to keep certainrecords regarding the hiring of applicants andemployees. If a court decides that the losing party'sclaim has no reasonable basis in fact or law, the courtmay award attorneys' fees to prevailing parties otherthan the United States.

11C. CIVIL DOCUMENT FRAUDIf an investigation reveals that an individual hasknowingly committed or participated in acts relating todocument fraud (see Part 1), the INS may take action.When the INS intends to impose penalties, a Noticeof Intent to Fine (NIF) is issued. Persons who receivea NIF may request a hearing before an administrativelaw judge. It a request for a hearing is not receivedwithin 30 days, the penalty will be imposed and aFinal Order will be issued. When a Final Order isissued, this penalty is final and unappealable.Individuals may be ordered to pay a civil moneypenalty as follows:* First Offense. Not less than $250 and not morethan $2,000 for each fraudulent document used,accepted, or created and each instance of use,acceptance, or creation; or* Subsequent Offenses. Not less than $2,000 andnot more than $5,000 for each fraudulentdocument used, accepted, or created and eachinstance of use, acceptance, or creation.Part SixInstructions for Recruiters and Referrersfor a FeeUnder the Immigration and Nationality Act, asamended by the Immigration Act of 1990, it isunlawful for an agricultural association, agriculturalemployer, or farm labor contractor to hire, or to recruitor refer for a fee, an individual for employment in theUnited States without complying with the employmenteligibility verification requirements. This provisionapplies to those agricultural associations, agriculturalemployers, and farm labor contractors who recruitpersons for a fee and those who refer persons orprovide documents or information about persons toemployers in return for a fee.This limited class of recruiters and referrers for afee must complete the Form I-9 when a personthey refer is hired. The Form I-9 must be fullycompleted within 3 business days of the dateemployment begins, or, in the case of an individualhired for less than 3 business days, at the timeemployment begins.Recruiters and referrers for a fee may designateagents, such as national associations or employers, tocomplete the verification procedures on their behalf.If the employer is designated as the agent, theemployer should provide the recruiter or referrer witha photocopy of the Form I-9. However, recruiters andreferrers are still responsible for compliance with thelaw and may be found liable for violations of the law.Recruiters and referrers for a fee must retain theForm I-9 for 3 years after the date the referredindividual was hired by the employer. They must alsomake available Forms I-9 for inspection to an INS,DOL, or OSC officer after 3 days (72 hours) advancenotice.NOTE: This does not preclude the INS, the DOL,or the OSC from obtaining warrants based onprobable cause for entry onto the premises ofsuspected violators without advance notice.The penalties for failing to comply with the Form I-9requirements and for requiring indemnification, asdescribed in Part 5, apply to this limited class ofrecruiters and referrers for a fee.NOTE: All recruiters and referrers for a fee arestill liable for knowingly recruiting or referring for a feealiens not authorized to work in the United States.

12Part Seven5. Q. Do I need to fill out an I-9 forindependent contractors or theiremployees?Some Questions You May Have Aboutthe Form I-9 A. No. For example, if you contract with aconstruction company to performrenovations on your building, you do notQuestions About the Verification Processhave to complete I-9s for that company'semployees. The construction company is1. Q. Do citizens and nationals of the Unitedresponsible for completing the I-9s for itsStates need to prove they are eligible towork?A. Yes. While citizens and nationals of theUnited States are automatically eligible foremployment, they too must present therequired documents and complete an I-9.Citizens of the United States includepersons born in Puerto Rico, Guam, theVirgin Islands, and the Northern MarianaIslands. Nationals of the United Statesinclude persons born in American Samoa,including Swains Island.own employees. However, you must notknowingly use contract labor to circumventthe law against hiring unauthorized aliens.6. Q. What should I do if the person I hire isunable to provide the requireddocuments within 3 business days ofthe date employment begins?A. If an employee is unable to present therequired document or documents within 3business days of the date employmentbegins, the employee must produce areceipt showing that he or she has applied2. Q. Do I need to complete an I-9 for for the document. In addition, theeveryone who applies for a job with myemployee must present the actualcompany?document to you within 90 days of the hire.The employee must have indicated on orA. No. You need to complete I-9s only forbefore the time employment began, bypeople you actually hire. For purposes ofhaving checked an appropriate box inthis law, a person is "hired" when he orSection 1, that he or she is already eligibleshe begins to work for you.to be employed in the United States.3. Q. If someone accepts a job with mycompany but will not start work for amonth, can I complete the I-9 when theemployee accepts the job?NOTE: Employees hired for less than 3business days must produce the actualdocument(s) and the I-9 must be fullycompleted at the time employment begins.A. Yes. The law requires that you complete 7. Q. Can I fire an employee who fails tothe I-9 only when the person actuallyproduce the required documents withinbegins working. However, you may3 business days?complete the form earlier, as long as youcomplete the form at the same point in A. Yes. You can terminate an employee whothe employment process for all employees.fails to produce the required document ordocuments, or a receipt for a document,4. Q. I understand that I must complete an within 3 business days of the dateI-9 for anyone I hire to perform labor or employment begins. However, you mustservices in return for wages or otherapply these practices uniformly to allremuneration. What is "remuneration"?)employees. If an employee has presenteda receipt for a document, he or she mustA. Remuneration is anything of value given in produce the actual document within 90exchange for labor or services rendered bydays of the date employment begins.an employee, including food and lodging.

138. Q. What happens if I properly complete a 10. Q. If an employee writes down an AlienForm I-9 and INS discovers that myNumber or Admission Number whenemployee is not actually authorized tocompleting Section 1 of the I-9, can Iwork?ask to see a document with thatnumber?A. You cannot be charged with a verificationviolation. You will also have a good faithdefense against the imposition of employersanctions penalties for knowingly hiring anunauthorized alien, unless the governmentcan show you had actual knowledge of theunauthorized status of the employee, if youhave done the following:A. No. Although it is your responsibility as anemployer to ensure that your employeesfully complete Section 1 at the timeemployment begins, there is norequirement that employees present anydocument to complete this section.When you complete Section 2, you may*Ensured that employees fully andproperly completed Section 1 of theI-9 at the time employment began;not ask to see a document with theemployee's Alien Number or AdmissionNumber or otherwise specify whichdocument(s) an employee may present.*Reviewed the required documentswhich should have reasonably11. Q. What is my responsibility concerningappeared to have been genuine andto have related to the personthe authenticity of document(s)presenting them;presented to me?A. You must examine the document(s) and, if*Fully and properly completed Sectionthey reasonably appear on their face to be2 of the I-9, and signed and dated thegenuine and to relate to the personemployer certification;presenting them, you must accept them.* Retained the I-9 for the required To do otherwise could be an unfairperiod of time; andimmigration-related employment practice.If the document(s) do not reasonably*Made the I-9 available upon requestappear on their face to be genuine or toto an INS, DOL, or OSC officer.relate to the person presenting them, youmust not accept them.Questions About Documents12. Q. Why are certain documents listed inboth List B and List C? If these9. Q. May I specify which documents I willdocuments are evidence of bothaccept for verification?identity and employment eligibility, whyA. No. The employee can choose which aren't they found in List A?document(s) he or she wants to presentA. Three documents can be found in both Listfrom the lists of acceptable documents.B and List C- the U.S. Citizen ID Card andYou must accept any document (from Listthe ID Card for use of Resident Citizen inA) or combination of documents (one fromthe U.S. -- acceptable as ID Cards in List BList B and one from List C) listed on the I-9-- and a Native American tribal document.and found in Part 8 of this Handbook whichAlthough these documents are evidence ofreasonably appear on their face to beboth identity and employment eligibility,genuine and to relate to the personthey are not found in List A because List Apresenting them. To do otherwise couldbe an unfair immigration-relatedemployment practice. Individuals who lookand/or sound foreign must not be treateddifferently in the hiring or verificationprocess.documents are limited to those designatedby Congress in the law. An employee canestablish both identity and employmenteligibility by presenting one of thesedocuments. You should record thedocument title, issuing authority, number,and expiration date (if any) for thatdocument in the appropriate spaces forboth list B and List C.

1413. Q. Why is a Canadian driver's licenseacceptable as a List B document andnot a Mexican driver's license?A. The United States-Canada Free-TradeAgreement and other reciprocalagreements between these 2 countriesform the basis for accepting a Canadiandriver's license as a List B identitydocument. No such reciprocal agreementscurrently exist between the United Statesand Mexico that would allow or permit theuse of a Mexican driver's license as a ListB identity document.17. Q. Some people are presenting me withprintouts from the Social SecurityAdministration with their name, SocialSecurity Number, date of birth, andtheir parents' names. May I acceptsuch printouts in place of a SocialSecurity Card as evidence ofemployment eligibility?A.No. Only a person's official Social SecurityCard is acceptable.18. Q. What should I do if persons presentSocial Security Cards marked "NOTVALID FOR EMPLOYMENT," but state14. 0. May I accept an expired document? they are now authorized to work?15. Q.A. You may accept an expired United StatesPassport. You may also accept an expireddocument from List B to establish identity.However, the document must reasonablyappear on its face to be genuine and torelate to the person presenting it. Youcannot accept any other expireddocuments.A.16. Q.A.How can I tell if an INS-issueddocument has expired?Some INS-issued documents, such asprevious versions of the Alien RegistrationReceipt Card (I-151 and I-551), do nothave expiration dates and are validindefinitely. However, the 1989 revisedversion of the Alien Registration ReceiptCard (I-551), which is rose-colored withcomputer readable data on the back,features a 2-year or 10-year expirationdate. Other INS issued documents, suchas the Temporary Resident Card (I-688)and the Employment Authorization Card(I-688A or I-688B) also have expirationdates. These dates can be found either onthe face of the document or on a stickerattached to the back of the document.Some people are presenting me withSocial Security Cards that have beenlaminated. May I accept such cards asevidence of employment eligibility?You may not accept a laminated SocialSecurity Card as evidence of employmenteligibility if the card states on the back "notvalid if laminated." Lamination of suchcards renders them invalid. Metal orplastic reproductions of Social SecurityCards are not acceptable.A.19. Q.A.20. Q.A.You should ask them to provide anotherdocument to establish their employmenteligibility, since such Social Security Cardsdo not establish this.What should I do if one of myemployees tells me that his or herSocial Security Number is invalid?You should tell the employee to get aproper Social Security Number bycompleting a Form SS-5. This form isavailable from the Social SecurityAdministration. You do not need to amendyour employment tax returns. However,when the employee gives you the newnumber, you should file a Form W-2C withthe Social Security Administration for theyears in which you reported income andwithholding under the incorrect number.You will not be penalized or fined for theyears during which you reportedemployees under incorrect numbers.You should also be aware that any SocialSecurity Number starting with a "9" is nota valid Social Security Number.Employees who are using such numbersshould be instructed to get a proper SocialSecurity Number using a Form SS-5.May I accept a photocopy of adocument presented by an employee?No. Employees must present originaldocuments. The only exception is that anemployee may present a certified copy ofa birth certificate.

1521. Q. I noticed on the Form I-9 that under ListA there are 2 spaces for documentnumbers and expiration dates. Doesthis mean I have to see 2 List Adocuments?A. No. One of the documents found in List Ais an unexpired foreign passport with anattached INS Form I-94. The Form I-9provides space for you to record thedocument number and expiration date forboth the passport and the INS Form I-94.22. Q. When I review an employee's identityand employment eligibility documents,should I make copies of them?A. The law does not require you to photocopydocuments. However, if you wish to makephotocopies, you should do so for allemployees, and you should retain eachphotocopy with the I-9. Photocopies mustnot be used for any other purpose.Photocopying documents does not relieveyou of your obligation to fully completeSection 2 of the I-9 nor is it an acceptablesubstitute for proper completion of the I-9in general.NOTE 1: Although a Certificate ofNaturalization (INS Forms N-550 andN-570) provides across the face of thedocument that it may not be copied, suchcertificates may be copied in this limitedsituation.NOTE 2: Copies of documents retainedby Federal government employers must bekept separately from an employee's officialpersonnel folder.24. Q. What should I do if I rehire a personwho previously filled out an I-9?A. You do not need to complete a new I-9 ifyou rehire the person within 3 years of thedate that the I-9 was originally completed,and the employee is still eligible to work.You should review the previouslycompleted I-9, and if the employee's workauthorization has not expired, note the dateof rehire in the Updating and ReverificationSection on the I-9 (Section 3), and sign inthe appropriate space. If the employee'swork authorization has expired, you alsoneed to examine a document that reflectsthat the employee is authorized to work inthe U.S., and record the document title,number, and expiration date (if any) inSection 3.25. Q. What should I do if I need to update orreverify an I-9 for an employee whofilled out an earlier version of the form?A. You may line through any outdatedinformation and initial and date any updatedinformation. You may also choose,instead, to complete a new I-9.26. Q. Do I need to complete a new I-9 whenone of my employees is promotedwithin my company or transfers toanother company office at a differentlocation?A. No. You do not need to complete a newI-9 for such promoted or transferredemployees.Questions About Completing and Retaining theForm I-923. Q. When do I fill out the I-9 if I hiresomeone for less than 3 businessdays?A. You must complete both Sections 1 and 2of the I-9 at the time of the hire. Thismeans the I-9 must be fully completedwhen the person starts to work.

1627. Q. What do I do when an employee's workauthorization expires?28. Q.A. You will need to reverify on the I-9 in orderto continue to employ the person.Reverification must occur not later than thedate that work authorization expires. Theemployee must present a document thatshows either an extension of theemployee's initial employment authorizationA.29. Q. As an employer, do I have to fill out allthe I-9s myself?A. No. You may designate someone to fill outthe I-9s for you, such as a personnelofficer, foreman, agent, or anyone elseacting in your interest. However, you arestill liable for any violations of the employersanctions laws.or new work authorization. You must 30. Q. Can I contract with someone toreview this document and, if it reasonablycomplete the I-9s for my business?appears on its face to be genuine and toA. Yes. You can contract with another personrelate to the person presenting it, recordor business to verify employees' identitythe document title, number, and expirationand work eligibility and to complete the I-9sdate (if any), in the Updating andfor you. However, you are still responsibleReverification Section on the I-9 (Sectionfor the contractor's actions and are liable3), and sign in the appropriate space. Youfor any violations of the employer sanctionsmay want to establish a calendar call-uplaws.system for employees whose employmentauthorization will expire in the future.NOTE: You cannot refuse to accept adocument because it has a futureexpiration date. You must accept anydocument (from List A or List C) listed onthe I-9 and in Part 8 of this Handbookwhich on its face reasonably appears to begenuine and to relate to the personpresenting it. To do otherwise could be anunfair immigration-related employmentpractice.Can I avoid reverifying the I-9s by nothiring persons whose employmentauthorization has an expiration date?You cannot refuse to hire persons solelybecause their employment authorization istemporary. The existence of a futureexpiration date does not precludecontinuous employment authorization for anemployee and does not mean thatsubsequent employment authorization willnot be granted. In addition, considerationof a future employment authorizationexpiration date in determining whether analien is qualified for a particular job couldbe an unfair immigration-relatedemployment practice.31. Q.A.32. Q.A.As an employer, can I negotiate myresponsibility to complete the I-9s in acollective bargaining agreement with aunion?Yes. However, you are still liable for anyviolations of the employer sanctions laws.If the agreement is for a multi-employerbargaining unit, certain rules apply. Theassociation must track the employee's hireand termination dates each time theemployee is hired or terminated by anemployer in the multi-employerassociation.What are the requirements for retainingthe I-9?If you are an employer, you must retain theI-9 for 3 years after the date employmentbegins or 1 year after the date the person'semployment is terminated, whichever islater. If you are an agricultural association,agricultural employer, or farm laborcontractor, you must retain the I-9 for 3years after the date employment begins forpersons you recruit or refer for a tee.

1733. Q. Will I get any advance notice if an INS,DOL, or OSC officer wishes to inspectmy I-9s?34. Q.A. Yes. The officer will give you at least 3days (72 hours) advance notice before theinspection. If it is more convenient for you,you may waive the 3-day notice. You mayalso request an extension of time in whichto produce the I-9s. The INS, DOL, orOSC officer will not need to show you asubpoena or a warrant at the time of theinspection.A.NOTE: This does not preclude the INS,the DOL, or the OSC from obtainingwarrants based on probable cause forentry onto the premises of suspectedviolators without advance notice.Failure to provide the I-9s for inspection isa violation of the employer sanctions lawsand could result in the imposition of civilmoney penalties.Do I have to complete an I-9 forCanadians who entered the UnitedStates under the Free TradeAgreement?Yes. You must complete an I-9 for allemployees. Canadians must show identityand employment eligibility documents justlike all other employees.36. Q. If I am a recruiter or referrer for a fee,do I have to fill out I-9s on personswhom I recruit or refer?A. No, with three exceptions. Agriculturalassociations, agricultural employers, andfarm labor contractors are still required tocomplete I-9s on all individuals who arerecruited or referred for a fee. However,all recruiters and referrers for a fee muststill complete I-9s for their ownemployees hired after November 6, 1986.Also, all recruiters and referrers for a feeare still liable for knowingly recruiting orreferring for a fee aliens not authorized towork in the United States.37. Q.A.38. Q.A.Can I complete Section 1 of the I-9 foran employee?Yes. You may help an employee whoneeds assistance in completing Section 1of the I-9. However, you must alsocomplete the "Prepare/TranslatorCertification" block. The employee muststill sign the certification block in Section 1.If I am a business entity (corporation,partnership, etc.), do I have to fill outI-9s on my employees?Yes, you must complete I-9s for all of youremployees, including yourself.35. Q. If I acquire a business, can I rely on theI-9s completed by the previousowner/employer?A. Yes. However, you also accept fullresponsibility and liability for all I-9scompleted by the previous employerrelating to individuals who are continuing intheir employment.

1839. Q.A.I have heard that some stateemployment agencies can certify thatpeople they refer are eligible to work.Is that true?Yes. State employment agencies mayelect to provide persons they refer with acertification of employment eligibility. Ifone of these agencies refers potentialemployees to you with a job order or otherappropriate referral form, and the agencysends you a certification within 21 businessdays of the referral, you do not have tocheck documents or complete an I-9 if youhire that person. However, you mustreview the certification to ensure that itrelates to the person hired and observe theperson sign the certification. You mustalso retain the certification as you would anI-9 and make it available for inspection, ifrequested. You should check with yourstate employment agency to see if itprovides this service and become familiarwith its certification document.Questions Ouestions About Avoiding Discrimination40. Q. How can I avoid discriminating againstcertain employees while still complyingwith this law?A. You can avoid discriminating against certainemployees and still comply with the law byapplying the employment eligibility verificationprocedures of this law to all newly hiredemployees and by hiring without respect tothe national origin or citizenship status ofthose persons authorized to work in theUnited States. To request to see identity andemployment eligibility documents only frompersons of a particular origin, or from personswho appear or sound foreign, is a violation ofthe employer sanctions laws and may also bea violation of Title VII of the Civil Rights Act of1964. You should not discharge presentemployees, refuse to hire new employees, orotherwise discriminate on the basis of foreignappearance, accent, language, or name.41. Q. I know that the Act prohibitsdiscrimination on the basis of citizenshipstatus against ''protected individuals.''Who are protected individuals?A. Protected individuals include citizens ornationals of the United States, lawfulpermanent residents, temporary residents,and persons granted refugee or asylee status.The term does not include aliens in one ofthose classes who fail to make a timelyapplication for naturalization after theybecome eligible.42. Q. Can I be charged with discrimination if Icontact the INS about a documentpresented to me that does not reasonablyappear to be genuine and relate to theperson presenting it?A. No. The anti-discrimination provisions of theAct only apply to the hiring and discharging ofindividuals. While you are not legally requiredto inform the INS of such situations, you maydo so if you choose to.

19Questions About Employees Hired Before Questions About Federal Income Tax ObliclationsNovember 6, 198646. Q. What advice should I give to my43. Q. Does this law apply to my employees if employees applying to legalize theirI hired them before November 7, 1986?status concerning their Federal incomeA. No. You are not required to complete I-9sfor employees hired before November 7,1986. However, if you choose to completeI-9s for these employees, you should do sofor all your current employees hired beforeNovember 7, 1986.tax obligations?A. You can advise employees that when theyapply to INS for permanent resident status,they will be given an IRS publicationexplaining requirements for filing Form W-4or W-4A to insure correct withholding of taxrecords (if an invalid social security numberwas used) and other guidelines relating totax benefits.NOTE: This "grandfather" status does notapply to seasonal employees, or toemployees who change employers withina multi-employer association.47. Q. What advice should I give to newlyhired44. Q. employees who ask about theirWhat if an employee was hired beforeFederal income tax obligations?November 7, 1986, but has taken anapproved leave of absence? A. First, you can tell them it is important tohave a valid social security number and toA. You do not need to complete an I-9 for thatproperly complete a W-4 or W-4A so thatemployee if the employee is continuing inthe employer can withhold the properhis or her employment and has aamount for income tax. Second, you canreasonable expectation of employment atencourage employees to apply for socialall times. However, if that employee hassecurity numbers for their dependentquit or been terminated, or is an alien whochildren who will be five years old or olderhas been removed from the United States,by the end of the year. Since 1987, suchyou will need to complete an I-9 for thatnumbers have been required to beemployee.provided for dependents claimed on tax45. Q. Will I be subject to employer sanctionsreturns.penalties if an employee I hired beforeNovember 7, 1986, is an illegal alien?A. No. You will not be subject to employersanctions penalties for retaining an illegalalien in your workforce if the alien washired before November 7, 1986. However,the fact that an illegal alien was on yourpayroll before November 7, 1986, does notgive him or her any right to remain in theUnited States. Unless the alien obtainspermission from the INS to remain in theUnited States, he or she is subject toapprehension and removal.

20Part EightAcceptable Documents for VerifyingEmployment EligibilityThe following documents have been designated fordetermining employment eligibility by the Act. Aperson must present a document or documents thatestablish identity and employment eligibility. Acomprehensive list of acceptable documents can befound on the next page of this Handbook and on theback of the Form I-9. Samples of many of theacceptable documents appear on the following pages.To establish both identity and employmenteligibility, a person can present a passport, an AlienRegistration Receipt Card, or one of the otherdocuments from List A.If a person does not present a document from List A,he or she must present one document from List Bwhich establishes identity and one document fromList C which establishes employment eligibility.To establish identity only, a person must present adocument from List B, such as a state-issued driver'slicense, a state-issued identification card, or one ofthe other documents listed.To establish employment eligibility only, a personmust present a document from List C, such as aSocial Security Card, a United States birth certificate,or one of the other documents listed.If a person is unable to present the requireddocument(s) within 3 business days of the dateemployment begins, he or she must present (within 3business days) a receipt showing that he or she hasapplied for the document. The person then mustpresent the actual document within 90 days of thedate employment begins. The person must haveindicated on or before the time employment began,by having checked an appropriate box in Section 1,that he or she is already eligible to be employed inthe United States.LIST ADocuments That Establish Both Identity andEmployment Eligibility* United States Passport (unexpired or expired)* Certificate of United States Citizenship (INSForm N-560 or N-561)* Certificate of Naturalization (INS Form N-550 orN-570)* Unexpired foreign passport which:* contains an unexpired stamp which reads"Processed for I-551. Temporary Evidenceof Lawful Admission for permanentresidence. Valid until ------Employment authorized;" or*has attached to it a Form I-94 bearing thesame name as the passport and containingan employment authorization stamp, solong as the period of endorsement has notyet expired, and the proposed employmentis not in conflict with any restrictions orlimitations identified on the Form I-94.NOTE: For more detailed informationconcerning the Form I-94, see page 23 ofthis Handbook.*Alien Registration Receipt Card (INS Form I-151or I-551) provided that it contains a photographof the bearer* Unexpired Temporary Resident Card (INS FormI-688)****Unexpired Employment Authorization Card (INSForm I-688A)Unexpired reentry permit (INS Form I-327)Unexpired Refugee Travel document (INS FormI-571)Unexpired Employment Authorization Documentissued by the INS which contains a photograph(INS Form I-688B)

21LIST BDocuments That Establish IdentityFor individuals 18 years of age or older:* Driver's license or ID card issued by a state oroutlying possession of the United Statesprovided it contains a photograph or informationsuch as name, date of birth, sex, height, eyecolor, and addressLIST CDocuments That Establish Employment EligibilityU.S. Social Security Number Card other thanone which has printed on its face "NOT VALIDFOR EMPLOYMENT"NOTE: This must be a card issued by theSocial Security Administration, a facsimile (suchas a metal or plastic reproduction) is not anacceptable document.*ID card issued by federal, state, or localgovernment agencies or entities provided it * Certification of Birth Abroad issued by thecontains a photograph or information such as Department of State (Form FS-545 or Formname, date of birth, sex, height, eye color, and DS-1350)address (including U.S. Citizen ID Card [INS*Form I-1971 and ID Card for use of ResidentOriginal or certified copy of a birth certificateissued by a state, county, municipal authority, orCitizen in the U.S. [INS Form I-1791)outlying possession of the United States bearing* School identification card with a photograph an official seal* Voter's registration card * Native American tribal document* United States military card or draft record*U.S. Citizen ID Card (INS Form I-197)* Military dependent's identification card * ID Card for Use of Resident Citizen in the U.S.(INS Form I-179)* United States Coast Guard Merchant MarinerCard * Unexpired employment authorization documentissued by the INS* Native American tribal document* Driver's license issued by a Canadiangovernment authorityFor individuals under the age of 18 who are unable topresent one of the documents listed above:* School record or report card*Clinic, doctor, or hospital record* Day-care or nursery school record*

22Document List ADocuments That Establish Both Identity and Employment EligibilityThe following illustrations in this handbook do not necessarily reflect the actual size of thedocuments.United States PassportCertificate of United States CitizenshipIssued by the Department of State to United N-560 or N-561States citizens and nationals.Issued by INS to individuals who: 1) derivedcitizenship through parental naturalization; 2)acquired citizenship at birth abroad through aUnited States parent or parents, or 3) acquiredcitizenship through application by United Statescitizen adoptive parent(s); and who, pursuant tosection 341 of the Act, have applied for acertificate of citizenship.Certificate of NaturalizationN-550 or N-570Issued by INS to naturalized United Statescitizens.Certificate of NaturalizationN-550Issued by INS to naturalized United Statescitizens who file for naturalization after October 1,1991.

23Unexpired Foreign Passport with I-551 StampI-94 Arrival/Departure RecordArrival-departure record issued by INS to nonimmigrant aliens. An individual in possession of the departureportion of this document may only be employed if the document bears an "employment authorization" stamp oremployment incident to the nonimmigrant classification is authorized with a specific employer (i.e. A-1, A-2, A-3,C-2, C-3, E-1, E-2, G-1, G-2, G-3, G-4, G-5, H-1A, H-1B, H-2A, H-2B, H-3, I, L-1, O-1, O-2, P-1, P-2, P-3, Q,NATO 1-7 and TC). The expiration date is noted on the Form I-94.

24Allen Registration Receipt Card I-151Issued by INS prior to June 1978, to lawful permanent resident aliens, There are numerous versions of this card because itwas periodically revised. Although this card is no longer issued, it is valid indefinitely. This card is also commonly referredto as a "green card" although most versions were blue.Allen Registration Receipt Card (Resident Allen Card) I-551Issued by INS after March 1977, to lawful permanent resident aliens. Although this card is no longer issued, it is validindefinitely, This card is commonly referred to as a "green card" and is the replacement for the Form I-151, This version iswhite with a blue logo.Allen Registration Receipt Card (Conditional Resident Allen Card) I-551Issued by INS after January 1987, to conditional permanent resident aliens such as alien spouses of United States citizensor lawful permanent resident aliens. It is similar to the 1-551 issued to permanent resident aliens. Although this card is nolonger issued, it is valid for 2 years from the date of admission or adjustment. The expiration date is stated on the back ofthe card. This version is white with a blue logo.Allen Registration Receipt Card (Resident Allen Card) I-551Currently issued by INS since 1989 to both conditional and lawful permanent resident aliens. Although it is similar to thepreviously issued I-551s, this card is valid only for a limited period of time -- 2 years from the date of admission oradjustment for conditional permanent resident aliens and 10 years from issuance for lawful permanent resident aliens. Theexpiration date is stated on the front of the card. This version is rose-colored with a blue logo.

25Temporary Resident Card I-688Issued by INS to aliens granted temporary resident status under the Legalization or Special Agricultural Workerprogram. It is valid until the expiration date stated on the face-of the card or on the sticker(s) placed on the backof the card.Employment Authorization Card I-688AIssued by INS to applicants for temporary resident status after their interview for Legalization or SpecialAgricultural Worker status. It is valid until the expiration date stated on the face of the card or on the sticker(s)placed on the back of the card.

26Employment Authorization Card I-688BIssued by INS to aliens granted temporary employment authorization in the U.S. The expiration date is noted onthe face of the card.Unexpired Re-Entry Permit I-327Issued by INS to lawful permanent resident aliens before they leave the United States for a 1-2 year period.

Unexpired Refugee Travel Document I-571Issued by INS to aliens who have been granted refugee status. The expiration date is stated on page four (4).27

28Document List BDocuments That Establish Identity OnlyThe following illustrations in this handbook do not necessarily reflect the actual size of thedocuments.Sample Driver's LicenseA driver's license issued by any state or outlying possession of the United States (including the District ofColumbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa) or by aCanadian government authority is acceptable if it contains a photograph or other identifying information such asname, date of birth, sex, height, color of eyes, and address.Sample State Identification CardAn identification card issued by any state (including the District of Columbia, Puerto Rico, the Virgin Islands,Guam, and the Northern Mariana Islands) or by a local government is acceptable if it contains a photograph orother identifying information such as name, date of birth, sex, height, color of eyes, and address.See List C for ID cards issued by INS.

29Document List CDocuments That Establish Employment Eligibility OnlyThe following illustrations in this handbook do not necessarily reflect the actual size of thedocuments.Social Security Card (other than one stating "NOT VALID FOR EMPLOYMENT" metal or plastic reproductions,or certain laminated cards.) There are many versions of this card.Certifications of Birth Issued by the Department of StateFS-545Issued by U.S. embassies and consulates overseasto United States citizens born abroad.DS-1350Issued by the U.S. Department of State to UnitedStates citizens born abroad.

30Sample Birth CertificatesUnited States Citizen Identification Card I-197Issued by INS to United States citizens. Although INS no longer issues this card, it is valid indefinitely.Identification Card for Use of Resident Citizen in the United States I-179Issued by INS to United States citizens who are residents of the United States. Although INS no longer issuesthis card, it is valid indefinitely.

31I-20 ID Card Accompanied by a Form I-94The Form I-94 for F-1 nonimmigrant students must be accompanied by an I-20 Student ID endorsed withemployment authorization by the Designated School Official for off-campus employment or curriculum practicaltraining. INS will issue Form I-688B (Employment Authorization Document) to all students (F-1 and M-1)authorized for a post-completion practical training period.Form I-20 Student ID (Reverse)Endorsement by Designated School Official forEmployment Authorization.

32IAP-66 Accompanied by a Form I-94Nonimmigrant exchange visitors (J-1) must have an I-94 accompanied by an unexpired IAP-66, specifying thesponsor and issued by the United States Information Agency (USIA). (J-1 students working outside the programindicated on the IAP-66 also need a letter from their responsible school officer.)

33REMEMBER:* Hiring employees without complying with the employmenteligibility verification requirements is a violation of the employersanctions laws.* This law requires employees hired after NOVEMBER 6, 1986 topresent documentation that establishes identity and employmenteligibility, and employers to record this information on Forms I-9.* Employers may not discriminate against employees on the basisof national origin or citizenship status.

How to Obtain More Information:If you have questions after reviewing this handbook, you may obtaininformation from one of the following local INS offices. Direct your letterto the attention of the Employer and Labor Relations Officer.ALABAMA77 Forsyth St. S.W., Rm. G-85Atlanta, GA 30303ALASKA620 East 10th Ave. Suite 102Anchorage, AK 99501ARIZONA2035 N- Central Ave.Phoenix, AZ 85004ARKANSAS701 Loyola Ave., Rm. T-8005New Orleans, LA 70113CALIFORNIA300 N. Los Angeles St.Los Angeles, CA 90012880 Front St.San Diego, CA 92188630 Sansome St.San Francisco, CA 94111-2280COLORADO4730 Paris St. Albrook CenterDenver, CO 86239-2804CONNECTICUTJFK Federal BuildingGovernment CenterBoston, MA 02203DELAWARE1600 Callowhill St.Philadelphia, PA 19130DISTRICT OF COLUMBIA4420 N. Fairfax Dr.Arlington, VA 22203FLORIDA7880 Biscayne Blvd.Miami, FL 33138GEORGIA77 Forsyth St. S.W., Rm. G-85Atlanta, GA 30303GUAM595 Ala Moana Blvd.Honolulu, HI 96813HAWAII595 Ala Moana Blvd.Honolulu, HI 96813IDAHO900 N. Montana Ave.Helena, MT 59601ILLINOIS10 W. Jackson Blvd., Rm. 533Chicago, IL 60604INDIANA10 W. Jackson Blvd., Rm. 533Chicago, IL 60604IOWA3736 S. 132nd St.Omaha, NE 68144KANSAS9747 N. Conant Ave.Kansas City, MO 64153KENTUCKY701 Loyola Ave., Rm. T-8005New Orleans, LA 70113LOUISIANA701 Loyola Ave., Rm. T-8005New Orleans, LA 70113MAINE739 Warren Ave.Portland, ME 04103MARYLAND530 Caton Center Dr., Bldg. D, Suite MBaltimore, MD 21227MASSACHUSETTSJFK Federal BuildingGovernment CenterBoston, MA 02203MICHIGANFederal Building, 333 Mt. Elliott St.Detroit, MI 48207MINNESOTA2901 Metro Dr. Suite 100Bloomington, MN 55425MISSISSIPPI701 Loyola Ave. Rm. T-8005New Orleans, LA 70113MISSOURI9747 N. Conant Ave.Kansas City, MO 64153MONTANA900 N. Montana Ave.Helena, MT 59601NEBRASKA3736 S. 132nd St.Omaha, NE 68114NEVADA2035 N. Central Ave.Phoenix, AZ 85004NEW HAMPSHIREJFK Federal BuildingGovernment CenterBoston, MA 02203NEW JERSEYFederal Building, 970 Broad St.Newark, NJ 07102NEW MEXICO343 U.S. Courthouse, P,O. Box 9398El Paso, TX 79984NEW YORK68 Court St.Buffalo, NY 1420226 Federal PlazaNew York, NY 10278NORTH CAROLINA77 Forsyth St. S.W., Rm. G-85Atlanta, GA 30303NORTH DAKOTA2901 Metro Dr. Suite 100Bloomington, MN 55425OHIO1240 E. 9th St., Room 1917Cleveland, OH 44199OKLAHOMA4149 Highline Blvd., #300Oklahoma City, OK 73108OREGON511 N.W. BroadwayPortland, OR 97209PENNSYLVANIA1600 Callowhill St.Philadelphia, PA 19130PUERTO RICOP.O. Box 365068San Juan, PR 00936RHODE ISLANDJFK Federal BuildingGovernment CenterBoston, MA 02203SOUTH CAROLINARoom 110 Federal Building334 Meeting St.Charleston, SC 29403SOUTH DAKOTA2901 Metro Dr Suite 100Bloomington, MN 55425TENNESSEE701 Loyola Ave., Rm. T-8005New Orleans, LA 70113TEXAS8101 N. Stemmons FreewayDallas, TX 75247P.O. Box 9398El Paso, TX 79984805 No. T St.Harlingen, TX 78550509 N. BeltHouston, TX 77060727 E. Durango Suite A301San Antonio, TX 78206UTAH4730 Paris St. Albrook CenterDenver, CO 86239-2804VERMONT739 Warren Ave.Portland, ME 04103VIRGINIA4420 N. Fairfax Dr.Arlington, VA 22203VIRGIN ISLANDSPO Box 610, Charlotte AmilieSt. Thomas, VI 00801Po Box 1270, Kingshill, ChristianstedSt. Croix, VI 00850WASHINGTON815 Airport Way SouthSeattle, WA 98134WEST VIRGINIA1600 Callowhill St.Philadelphia, PA 19130WISCONSIN10 W. Jackson Blvd-, Rm. 533Chicago, IL 60604WYOMING4730 Paris St. Albrook CenterDenver, CO 86239-2804U.S. GOVERNMENT PRINTING OFFICE: 1995 400-799/40336

If you have questions after reviewing this Handbook, please contact your localINS office at the address found in the back of this Handbook. Direct your letterto the attention of the Employer Relations OfficerDO NOT CONTACT THE INTERNAL REVENUE SERVICE (IRS)