The document discusses employers' responsibilities for complying with Form I-9 requirements when hiring employees. It provides an overview of the HIRE-St. Louis project which educates employers and employees on hiring immigrants and their rights. The presentation covers how to properly complete Section 1 and 2 of Form I-9, acceptable documents for verifying work eligibility, and prohibitions against citizenship, national origin and document discrimination. Resources for employers are listed, including guidance from USCIS and the Office of Special Counsel.

1. 1
Hiring Immigrants-Responsibilities of
Employers: Form I-9 Compliance
International Institute-St. Louis
Employer Forum
December 2, 2010
Presented by Mary Cryer
HIRE-St. Louis Project Coordinator

2. 2
HIRE-St. Louis: What Is It?
• Hiring Immigrants-Responsibilities of Employers
• Hiring Immigrants-Rights of Employees
▫ Employer outreach
▫ Immigrant and advocate outreach
▫ HR Toolkit
▫ Future employer forum (late winter)
▫ Monthly informational e-newsletter
▫ Training for employers and employees upon request
▫ Educating the general public

3. 3
Form I-9: Employer’s Responsibility
• Who needs to complete form?
▫ ALL employees hired after 11/06/1986
• Filing procedures
▫ Obtain information within three (3) days of start
date
• Acceptable documentation as proof of work
eligibility
▫ See list included in handout
• Retaining forms on file
▫ Minimum of three (3) years from date of hire or
one (1) year after termination, whichever is later

4. 4
Form I-9: Section 1
• Employees hired after
11/06/1986 must
complete Section 1 the
day employment begins
or within three (3)
working days of start date
• Employer must inspect
documents establishing
employee’s identity and
work authorization
• Employee chooses
which documents to
present as proof of
identity and/or work
eligibility

5. 5
Form I-9: Section 2-3
• Employer must complete
Section 2 no later than
three (3) working days
after employee’s start date
▫ One “List A” document
OR
▫ One “List B” and one
“List C” document
• Employer must complete
Section 3 only to update
or reverify employee’s
information (e.g. new
documentation, name
change, rehire)

6. 6
List A Documents

7. 7
List B Documents

8. 8
List C Documents

9. 9
Prohibited Conduct Under INA
• The Immigration & National Act’s anti-
discrimination provision strictly prohibits
intentional:
▫ Citizenship/Immigration status discrimination
▫ National origin discrimination
▫ Document abuse
▫ Intimidation or Retaliation
• “Intentional discrimination” means nothing more
than differences in treatment because of one’s
citizenship/immigration status or national origin
▫ Does not need to be adverse or negative, just
deliberate

10. 10
Citizenship Status Discrimination
• Discrimination linked to a person’s citizenship/
immigration status
▫ Exceptions:
✦ Required by law, regulation, or government contract
✦ Employer can “prefer” equally-qualified U.S. citizen
• Example of discrimination:
▫ Refusing to hire asylee/refugee
▫ Different hiring procedures for U.S. citizens and
immigrants
▫ “Citizen-only” hiring policy

11. 11
National Origin Discrimination
• Discrimination linked to a person’s place of birth,
country of origin, ancestry, native language,
accent, or employer’s “perceptions” of the person
• Examples of discrimination:
▫ Refusing to hire qualified candidate because s/he:
✦ Appears to be foreign
✦ Speaks with an accent
✦ Has foreign-sounding surname
✦ Was not born in the U.S.
✦ Does not speak fluent English

12. 12
Document Abuse
• When an employer requests more or different
documents than are required to verify
employment eligibility or specifies certain
documents over others
• Examples of document abuse:
▫ Requiring specific documents (e.g. Social Security
card, birth certificate, Green Card, etc.)
▫ Greater scrutiny and rejection of valid documents
from immigrants
▫ Not allowing immigrant to choose which
documents to submit
✦ Employer cannot demand specific documents

13. 13
Intimidation or Retaliation
• When employer intimidates, threatens, coerces,
or retaliates against employee
• When an employer interferes with the rights or
privileges of employee secured under the law
• Examples of intimidation/retaliation:
▫ Threaten an employee because s/he has or intends
to file a charge or complaint against employer
▫ Take adverse action against employee for asserting
his/her rights (e.g. firing, demoting)

14. 14
Avoid Discrimination
• Uniform procedures for all employees
▫ Apply law and maintain files for each employee in
the same manner
▫ Will help avoid actual or perceived discrimination
• Follow policies and practices that avoid
discrimination
▫ When obtaining documents for Form I-9, allow
employee to choose
▫ Train supervisors and HR staff on proper
procedures
▫ Revisit procedures annually and retrain as needed

15. 15
Resources for Employers
U.S. Citizenship and
Immigration Services
• “Handbook for Employers:
Instructions for Completing
Form I-9”
▫ 65-page guide available for
download
• National Customer Service
Center (NCSC):
1-800-375-5283
http://www.uscis.gov/files/form/m-274.pdf

16. 16
Resources for Employers
Office of Special Counsel for Immigration-
Related Unfair Employment Practices
• Hotline for employers
▫ 1-800-255-8155
• Website
▫ www.justice.gov/crt/osc/
• Email
▫ osccrt@usdoj.gov
International Institute of St. Louis
• Mary Cryer, HIRE-St. Louis Project Coordinator
▫ (314) 773-9090 ext. 203
▫ Email: cryerm@iistl.org