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What You Should Know About I-9 Forms
Immigration
Law:
United States
immigration law prohibits employers from recruiting, hiring, or continuing
to employ illegal immigrants. The Immigration Reform and Control Act
(IRCA) of establishes employment eligibility verification procedures
that all employers must follow when filling a job vacancy. IRCA also
prohibits employers from discriminating in recruitment, hiring, or
discharge on the basis of national origin or citizenship status.
Requirements:
The Office of
Human Resources is responsible for implementing, administering, and
reviewing procedures necessary to comply with the employment eligibility
verification and nondiscrimination requirements of the Immigration
Reform and Control Act (IRCA), as amended. Managers
are expected to work with Human Resources to ensure compliance with
the following:
- New employees
must complete an I-9 form and provide required documentation to
prove that they are eligible to work in the United States on
the day they begin work and provide the
supporting documentation no later than three business days of starting
work.
- If an employee
is authorized to work, but is unable to provide the required
documentation, the employee can under certain circumstances
present a Human Resources representative with a receipt for
an application for the necessary document(s).
- If the
appropriate documents were lost, stolen, or damaged, the individual
must present a receipt for a replacement within three business
days of hire and present the actual replacement document within
90 days of hire or, in the case of re-verification, by the date
that the employment authorization expires.
- Employees
who fail to provide the appropriate documents or a receipt for application
of an approved document must not be allowed to work beyond three
days.
- If a terminated
employee is rehired within three years of initially completing an
I-9 form, the Office of Human Resources is responsible for updating
and verifying the information on the form.
- An employee's
failure to provide proof of his or her renewed authorization to
work prior to the expiration of the authorization documented on
the employee's Form I-9 may result in immediate suspension without
pay or termination of employment.
Prohibited
Acts:
Human resource
and hiring representatives involved in the hiring process are prohibited
from asking employees for a specific document whether it is designated
on Form I-9 as acceptable for purposes of verifying an employee's
identity and employment eligibility, or not. See list
of acceptable documents.
- Example of
an appropriate request for documentation: "If you do not have
one document from list "A," then you must provide one
document from list "B" and one from list "C"
(note: list A documents prove identity and eligibility to work so
no further documentation is necessary unless the document indicates
that there are employment restrictions. List "B" documents
only establish proof of identity and list "C" documents
only establish proof of eligibility to work in the United States,
so a list "B" document must always be accompanied
by a document from list "C").
- Human resource
representatives and any other hiring personnel cannot refuse to
honor documents that, on their face, reasonably appear to be genuine
and relate to the employee in question.
List
of Acceptable Documents
In order
to prove identity and eligibility for employment in the United States,
the Act requires employees to allow examination of one of the following
documents:
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Documents
that Establish Both Identity and Employment Eligibility:
"List A"
|
| 1. |
United
States Passport (expired or unexpired) |
| 2. |
Certificate
of US Citizenship (INS Form N-560 or N-561 |
| 3. |
Certificate
of Naturalization (INS Form N-550 or N-570) |
| 4. |
Unexpired
foreign passport, with I-551 stamp or attached INS Form I-94 indicating
unexpired employment auth. |
| 5. |
Permanent
Resident Card or Alien Registration Receipt Card with photograph
(INS Form I-151 or I-551) |
| 6. |
Unexpired
Temporary Resident Card (INS Form I-668) |
| 7. |
Unexpired
Employment Authorization Card (INS Form I-688A) |
| 8. |
Unexpired
Reentry Perrmit (INS Form I-327) |
| 9. |
Unexpired
Refugee Travel Document (INS Form I-571) |
| 10. |
Unexpired
Employment Authorization Document issued by the INS which contains
a photo (INS Form I-688B) |
If you do not have
one of the documents listed above, the Act requires that you provide two
documents: one from "List B" and one from "List
C" (below) for examination and verification of identity and employment
eligibility:
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Documents
that Establish Identity: "List B"
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| 1. |
Drivers
license or I.D. card issued by a state or outlying possession of
the United States provided it contains a photograph or information
such as, name sex, date of birth, height, eye color, and address |
| 2. |
ID
Card issued by federal, state or local government agencies or entities
provided it contains a photograph or information such as name, gender,
date of birth, height, eye color, and address |
| 3. |
School
Identification card with a photograph |
| 4. |
Voter's
registration card |
| 5. |
U.S.
Military card or draft record |
| 6. |
Military
dependents identification card |
| 7. |
US
Coast Guard Merchant Mariner card |
| 8. |
Native
American tribal documents |
| 9. |
Driver's
license issued by a Canadian government authority |
| |
For
persons under age 18 who are unable to present a document listed
above: |
| 10. |
School
record or report card |
| 11. |
Clinic,
doctor, or hospital record |
| 12. |
Day-care
or nursery school record |
| Documents
that Establish Employment Eligibility: "List C"
|
| 1. |
US
social security card issued by the Social Security Administration
(other than a card stating it is not valid for employment) |
| 2. |
Certification
of Birth Abroad issued by the Department of State (Form FS-545 or
Form DS-1350) |
| 3. |
Original
or certified copy of a birth certificate issued by a state, county,
municipal authority or outlying possession of the United States
bearing an official seal |
| 4. |
Native
American tribal document |
| 5. |
US
Citizen ID Card (INS Form I-197) |
| 6. |
ID
Card for use of Resident Citizen in the United (INS Form I-179)
|
| 7. |
Unexpired
employment authorization document issued by the INS (other than
those listed under List A) |
Please bring the appropriate
documentation of your eligibility for employment to the Office of Human
Resources on your first day of employment. If you have questions, please
feel free to contact the Office of Human Resources at (206) 281-2809.
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