Nuts and Bolts of Filling in the New I-9 Form

MINI-WEBINAR March 23 &26
The Nuts and Bolts of Filling in the NEW I-9 Form

Eliot Norman, Team Leader
Worksite Enforcement and
Corporate Immigration Compliance Team
Williams Mullen
804-783-6482
enorman@williamsmullen.com
For updates:http://tinyurl.com/immupdates
www.williamsmullen.com/immigration

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www.williamsmullen.com

Today’s Agenda
What's quot;Newquot; and What's quot;Oldquot; with the April 3, 2009 Form
No More Expired Documents?
What's Changed on the List of Acceptable A, B, C Documents
What About Receipts? Re-verifications? Handling H-1B
Transfers/Extensions?
Who Pays the Fine if the Employee Fills in Section 1 Wrong?

Bonus: Friendly Quiz on the Hard to Handle Documents
Q&A at the end
PLEASE PUT YOUR PHONES ON MUTE UNTIL THE Q&A
Questions,Answers, Comments welcome during the
presentation by WEBEX chat

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PART I: CORPORATE IMMIGRATION
COMPLIANCE RISKS

Eliot Norman
Worksite Enforcement and
Corporate Immigration Compliance Team
Williams Mullen
804-783-6482
For updates:http://tinyurl.com/immupdates

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Civil Penalties Against Employers for Immigration
Violations
Compliance Risks: What’s at Stake
Substantive Violations: Range from $375 to $3200 for First Offense:
Paperwork Violations: Range from $110 to $1100 for each I-9 Form
Substantive fines: assessed per unauthorized employee
Risk Factors: 50 to 1000 hires per year; 500 to 15,000 I-9 records
Section 1 of the I-9 is then used to register on E-Verify
E-Verify Fines for continuing to employ worker whose paperwork does not
match DHS and SSAdministration records: $500 to $1000: $500 for failing to
timely notify employee of non-conformance based upon information initially
filled in on Section 1 of the I-9:
As Federal Contractors: Penalties include debarment:
Costs of responding to Audit, Administrative Subpoena,
VALUE OF DESK AUDIT OF SAMPLE OF 25 FORMS: determine scope of
problems in advance of government inspections, audits

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Where are you Vulnerable?

Sloppy I-9 Records = problems: Loss of Affirmative “Good Faith”
Defenses; loss of control. Unprepared for E-Verify.
Sooner you get the I-9s right the better, with E-Verify coming into play
May 21st:
We will leave for another MinWebinar:
Compliance with 9-10 Million SSN No-Match Letters:
Yes, 10 million No-Match Letters will go out in 2009 to workers and
their employers stating that the SSN for that employee does not
match his name or is not a valid SSN. That employee may work for
you. AND
Dealing with E-Verify effectively after May 21st and setting up
internal controls to avoid government fines and federal contract
problems created by you or your subcontractors

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“Best Practices” and “Safe Harbors”

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Part II: The New I-9 Form and List of
Acceptable Documents

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NEW I-9 FORM

BEST COPY THAT
GOVERNMENT WILL PRINT
IN ADVANCE OF
APRIL 3, 2009

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NEW I-9 FORM
Effective April 3, 2009
Section 1: Employee fills in
but Employer Pays Fine if its
not Correct or Complete: Data
Used For E-Verify

Translator/Preparer Certificate

Section 2: HR: Fills in
Info From Originals of List A
OR List B and C Documents

HR Certification: “UNDER
PENALTY OF PERJURY”

Section 3: HR Re-Verifies
Work Authorization, again
under “penalty of perjury”

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(TITLE OF DOCUMENT GOES HERE)

Department of Homeland Security OMB No. 1615-0047; Expires 03/31/07
Employment Eligibility Verification
U.S. Citizenship and Immigration Services

OLD I-9 FORM
Please read instructions carefully before completing this form. The instructions must be available during completion of this
form. ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work eligible individuals. Employers
CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a
6/5/2007 to April 3, 2009
future expiration date may also constitute illegal discrimination.
Section 1. Employee Information and Verification. To be completed and signed by employee at the time employment begins.
Print Name: Last First Middle Initial Maiden Name

Section 1: Employee fills in
Address (Street Name and Number) Apt. # Date of Birth (month/day/year)
/ /
but Employer Pays Fine if its
City State Zip Code Social Security #

not Correct or Complete: Data
I attest, under penalty of perjury, that I am (check one of the following):
I am aware that federal law provides for
□ A citizen or national of the United States
imprisonment and/or fines for false
☒ A Lawful Permanent Resident (Alien #) A
statements or use of false documents in
Used For E-Verify
/ /
□ An alien authorized to work until
connection with the completion of this form.
(Alien # or Admission #)
Employee’s Signature Date (month/day/year)

Preparer and/or Translator Certification. (To be completed and signed if Section 1 is prepared by a person other
than the employee.) I attest, under penalty of perjury, that I have assisted in the completion of this form and that to the best
of my knowledge the information is true and correct.
Translator/Preparer Certificate
Preparer’s/Translator’s Signature Print Name

Address (Street Name and Number, City, State, Zip Code) Date (month/day/year)
/ /
Section 2. Employer Review and Verification. To be completed and signed by employer. Examine one document from List A OR
examine one document from List B and one from List C, as listed on the reverse of this form, and record the title, number and expiration
date, if any, of the document(s).

Section 2: HR: Fills in
List A OR List B AND List C
Document title:

Info From Originals of List A
Issuing authority:
Document #:

OR List B and C Documents
Expiration Date (if any): / /
Document #:
Expiration Date (if any): / /

HR Certification: “UNDER
CERTIFICATION - lattest, under penalty or perjury, that I have examined the document(s) presented by the above-named
employee, that the above-listed document(s) appear to be genuine and to relate to the employee named, that the employee
began employment on (month/day/year) and that to the best of my knowledge the employee is eligible to work in
PENALTY OF PERJURY”
the United States. (State employment agencies may omit the date the employee began employment.)
Signature of Employer or Authorized Representative Print Name Title

Business or Organization Name Address (Street Name and Number, City, State, Zip Code) Date (month/day/year)
/ /
Section 3. Updating and Reverification. To be completed and signed by employer.
Section 3: HR Re-Verifies
A. New Name (if applicable) B. Date of Rehire (month/day/year) (if applicable)

C. If employee’s previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.
Work Authorization, again
Document Title: Document #: Expiration Date (if any):
I attest, under penalty of perjury, that to the best of my knowledge, this employee is eligible to work in the United States, and if the
under “penalty of perjury”
employee presented document(s) I have examined appear to be genuine and to relate to the individual.
Signature of Employer or Authorized Representative Date (month/day/year)
//
NOTE: This is the 1991 edition of the Form I-9 that has been rebranded with a Form I-9 (Rev. 05/31/05)Y Page 2
current printing date to reflect the recent transition from the INS to DHS and its
components.
1399043v1

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EMPHASIS in Announcement of New I-
9: Getting Section 1 Right

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NEW LIST
OF
ACCEPTABLE
DOCUMENTS

EMPHASIS:
“ALL DOCUMENTS
MUST BE UNEXPIRED”
and

Be more careful in
Accepting List A
Documents that show
Identity and Work
Eligibility

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OLD
LIST OF
ACCEPTABLE
DOCUMENTS

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Part III: New I-9: Practical Impact on List A

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NEW LIST A , April 3, 2009

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OLD LIST A

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EAD (Employment Authorization Card)

EXPIRATION DATE

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Focus of New I-9: Section 1

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Foreign Passport: India

With Valid Photo ID

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I-797 Approval Notice for
H-1B

I-94
I-94 Expiration Date:
July 15, 2010

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I-9 Done “Right”

Section1: Employee
completes data with # and
Date. Determines how
Section 2
to be completed by HR.

Section 2: HR recognizes
temporarily employed; Fills
In List A with double
combination of Foreign
Passport and I-94 Card

xxxxxxxxxxxxxxxxxxxxxxxxx
TO DO: COME UP WITH
SPREADSHEET REMINDER
TO RE-VERIFY Section 3
July 15, 2010

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NEW LIST A , April 3, 2009

BIG
FOCUS

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Part III: Impact of New I-9 Rules on List B
Documents
Practical Impact: Still the “old TSA at the airport routine”
Can’t do it by proxy and can’t work with copies of the
documents
List B is going to get narrower and narrower for U.S.
employees
E-Verify is not going to let you rely on List B documents
unless they have a Photo
USCIS is not going to let you rely on List B unless documents
unexpired
What if documents don’t have an expiration date?
Answer: treat them as if unexpired.
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5. Military I.D. or Draft
Record?
6. Military Dependent
ID Card
7. U.S. Coast Guard ID
9. Canadian Drivers
License

MY FAVORITE: <18 yrs. old
12. Day-Care or
Nursery School Record

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Part IV: Practical Impact of New I-9
on List C Documents
No Material Changes in List C Documents
BUT, new authority in Section 1 to insist on having
employee present the documents showing basis for
saying “authorized” to work [only] until [insert
date]”
SS Card: no restrictive endorsements: don’t accept
Birth Certificate: must be certified
What if Document doesn’t have an expiration date?
Answer: treat it as if it is UNEXPIRED.

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NEW LIST C: Adds also
Certificate of
Report of Birth issued by
Department of State

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“VALID FOR WORK ONLY
WITH DHS AUTHORIZATION”

UNEXPIRED DRIVER’S
LICENSE

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List C: Restricted SS Card
Don’t take it for List C if it says: not valid for employment;
valid for employment only with DHS/INS authorization.
Can make employee return with one with no restriction on it if
he wants to use it for List C
Typical Scenarios causing headaches for HR:
Scenario #1: Newly naturalized U.S. citizen; but can’t use
naturalization certificate under List A.(Natz. Certificate
abolished as List A Document in 2005)
No longer has Green Card. Has old SS Card when came as
student with restriction on it: “Valid for Employment only
with INS authorization”. He is telling you he is a U.S. Citizen
in Section 1 but his SS Card conflicts with it. [If he is U.S.
citizen , why does he need USCIS/DHS authorization to
work?.He is not an alien anymore]. Go back and get a new
one: or in the meantime, will need U.S. Passport (unexpired)

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List C: Restricted SS Card
Scenario #2: Another Headache for HR
H-1B employee comes in, gives you kitchen sink in
documents
Lets you Sort it out
Don’t go the easy way: Take the Driver’s License and Social
Security Card? Why?
Section 1: he tells you he is authorized only to work for
temporary period of time
Can require him to give you proof of that
Use List A

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Foreign Passport: India

With Valid Photo ID

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“VALID FOR WORK ONLY
WITH DHS AUTHORIZATION”

UNEXPIRED DRIVER’S
LICENSE

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H-1B

I-94
July 15, 2010

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I-9 “Done Wrong”

xxxxxxx

Section 1: Not Complete
xxxxxxxxx
but employee is saying:
I only have temporary work
permit by checking box
X=“An alien authorized to
work until”

Section 2
HR Uses Drivers Lic & SS
Card

xxxxxxx
xxxxxxxxxxxxxxxxxxxxxxx

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I-9 Done “Right”

Section1: Employee
completes data with # and
Date. Determines how
Section 2
to be completed by HR.

Section 2: HR recognizes
temporarily employed; Fills
In List A with double
combination of Foreign
Passport and I-94 Card

xxxxxxxxxxxxxxxxxxxxxxxxx
TO DO: COME UP WITH
SPREADSHEET REMINDER
TO RE-VERIFY Section 3
July 15, 2010

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H-1B

I-94
July 15, 2010

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Part V: Advanced I-9 Documents
Documents that may not be New List A, B or C but which establish work
authorization
Affirmed by USCIS in FAQ, most recently over problems with E-Verify
involving these situations:
H-1B extensions and transfers : Can Work for 240 days based upon
Receipt Notice or FEDEX receipt notice showing new H-1B extension
petition timely filed: Use combination of Foreign Passport and Receipt in
List A;
Make sure you re-verify H-1Bs at 240 days
Should instruct to come in with approval of H-1B (usually 2-4 months) as soon as
it is received
EADs for TPS (Temporary Protected Status) Central Americans: check
regulations as they can usually continue working with automatic extension
by regulations of Work Cards (I-688). But be careful: latest El Salvadoran
extensions require proof of timely registration for extension and
presentation of new Card on March 9, 2009
No exceptions per USCIS for spouses of L-1 and E-1/E-2 visa holders:
must present EAD card to be able to work.

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Part VI: The “Nuts and Bolts” in Properly
Completing the New I-9 Form
Now that we have gone over “Acceptable
Documents” lets review the Form Itself
It has not changed substantively in any big way
The emphasis has changed: get Section 1 “Done
Right” and you stay out of trouble in Section 2
Section 3: be careful, watch restrictions on its use.
Trend: Moving to electronic I-9s and E-Verify which
relies on Section 1 Data

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Impact of New I-9 on Completing Section 1

New list A tells you: burden on employer to
make sure employee gets it right and
complete
Substantive violations: Corporation pays the
fines
SS # optional but won’t work when move to
E-Verify
You will rely on the data for E-Verify
You will rely on its accuracy to complete
Section 2

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Section 2: Avoiding Compliance Risks

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Impact of New I-9 on Completing Section 2

All Important Section 2 Only person who sees the
Documents can fill in Section 2
Timing: 3 business Day Rule
All Important Certification of Date of Hire
Complete Section 2 from the Originals and Copy
what you saw:
Compare status checked in Section 1 with
Documents handed you for Section 2

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Section 3:What is it?

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Impact of New I-9
in Completing Section 3

Can’t use Section 3 if Employee filled in the old I-9
Form that expired April 3, 2009: Do a new I-9.
Be careful with Receipts
Don’t over re-verify
Suppose Documents expire after employee is
hired: No need to Re-Verify
Green Cards: Never Re-Verify
Distinguish Green Cards from the I-551 Stamp in
the Passport

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EAD (Employment Authorization Card)

EXPIRATION DATE

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Part VI: Conclusion
1. Sample, Scorecard, Train, Audit and Certify: and then go
back 6 months later and do it again
2. When Box 4 (temporary employment eligibility is checked in
the new Section 1, “Stop, Look, and Listen”
3. Get the List of Available documents out as early as possible
in the application process: New and old U.S. Citizens in
particular are going to have problems with the new I-9;
4. Go to Electronic I-9s: internal check against filling in Section
1 incompletely and proceeding to Section 2; and making
sure Section 2 squares with info on Section 1.
5. Scan existing I-9s and Documents presented and shred the
paper ones.
6. Purge your I-9 Data using the 3yr/1yr Rule.

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Conclusion and Upcoming Events
Critical to get I-9 Records in Order and Keep them
that way with E-Verify and SSN “No Match” rolling
out in 2009
All linked to that Section 1
To help:
Upcoming “Nuts and Bolts” MiniWebinars:
Going electronic with your I-9s: Shred the Paper; get rid of the
Errors.
Handling SSN “No Matches”: 10 million letters being sent 2009
E-Verify: “Nuts and Bolts:”

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14 E-Verify States in Red

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Questions?

Eliot Norman , Immigration and
Worksite Enforcement Team
804-783-6482
For updates:
http://tinyurl.com/immupdates

53

Nuts and Bolts of Filling in the New I-9 Form

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