New I-9 Handbook for Employers - Immigration Lawyer

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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.
Page 1 and 2: Handbook for EmployersInstructions
Page 3 and 4: 1ContentsPart OneThis Handbook is d
Page 5 and 6: 3Part TwoPart ThreeWhen You Must Co
Page 7 and 8: 5To reverify, you must:*Record the
Page 9 and 10: 7Part Three of this Handbook gives
Page 11 and 12: 9Additional InformationPart FiveFor
Page 13 and 14: 11C. CIVIL DOCUMENT FRAUDIf an inve
Page 15: 138. Q. What happens if I properly
Page 19 and 20: 1733. Q. Will I get any advance not
Page 21 and 22: 19Questions About Employees Hired B
Page 23 and 24: 21LIST BDocuments That Establish Id
Page 25 and 26: 23Unexpired Foreign Passport with I
Page 27 and 28: 25Temporary Resident Card I-688Issu
Page 29 and 30: Unexpired Refugee Travel Document I
Page 31 and 32: 29Document List CDocuments That Est
Page 33 and 34: 31I-20 ID Card Accompanied by a For
Page 35 and 36: 33REMEMBER:* Hiring employees witho
Page 37: If you have questions after reviewi

New I-9 Handbook for Employers - Immigration Lawyer

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