Immigration Reform and Control Act (IRCA)
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1 REVISED 04/05/2016 PAGE 1 OF 5 Immigration Reform and Control Act (IRCA) Compliance To comply with IRCA federal regulations, all employees are required to complete an Employment Eligibility Verification (I-9 Form). This law applies to all hired individuals, including parttime and temporary employees. Timeframe All employees must complete the I-9 form within three (3) business days of the date employment begins (their Start Date ). If the employee will be a temporary employee with expected tenure of less than three days, the entire I-9 procedure must be completed on or before the employee s first day of employment. Requirements All employees must complete the I-9 form (available online at and provide current (unexpired) documentation as follows: 1 document from List A, OR 1 document from List B, AND 1 document from List C (for most employees, this will be a Driver s License and Social Security Card). List A US Passport or US Passport Card Permanent Resident Card or Alien Registration Receipt Card (Form I-551) Foreign Passport w/i-551 Stamp or Temporary I-551 printed notation on a machine-readable Immigrant Visa Employment Authorization Document that contains a photograph (Form I-766) For nonimmigrant alien authorized to work for a specific employer: o Foreign Passport; and o Form I-94 bearing the same name as the passport and an endorsement of the alien s nonimmigrant status (as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified o the form Passport from the Federated States of Micronesia (FSM) or Republic of Marshall Islands (RMI) with Form I-94 or Form I- 94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
2 REVISED 04/05/2016 PAGE 2 OF 5 Immigration Reform and Control Act (IRCA) (Cont d) Requirements List B Driver s License or State ID Card w/photo or information such as name, date of birth, gender, height, eye color and address Federal or local government agency ID Card w/photo or information such as name, date of birth, gender, height, eye color and address School ID Card w/photo Voter s Registration Card US Military Card or Draft Record Military Dependent s ID Card US Coast Guard Merchant Mariner Card Native American Tribal Document Canadian Driver s License If Under 18 & Cannot Produce Above: School records or report card Clinic, doctor or hospital record Daycare or nursery school record List C Social Security Account Number Card that does NOT include one of the following restrictions: o NOT VALID FOR EMPLOYMENT o VALID FOR WORK ONLY WITH INS AUTHORIZATION o VALID FOR WORK ONLY WITH DHS AUTHORIZATION Certification of Birth Abroad issued by the Dept of State (Form FS-545) Certification of Report of Birth issued by Dept of State (Form DS-1350) Birth Certificate (original or certified copy issued by State, County, Municipal Authority or Territory of the US, bearing an official seal) Native American Tribal Document US Citizen ID Card (Form I-197) Identification Card for Use of Resident Citizen in the United States (Form I-197) Employment Authorization Document issued by the Department of Homeland Security
3 REVISED 04/05/2016 PAGE 3 OF 5 Immigration Reform and Control Act (IRCA) (Cont d) Noncompliance Failure by an employee or Manager to complete the I-9 form within the mandatory three-day time period will result in placement of the employee on Leave Without Pay until the required documentation is completed and submitted to Human Resources. Responsibilities Employee All employees must: Accurately and truthfully complete Section 1 of the Form I-9 within three (3) days of commencing employment; and Present prescribed, genuine, original documents that establish identity and employment authorization to the Manager within three (3) days of commencing employment. (Regional Manager, HR HR Assistant) The must: Review Section 1 of the I-9 for accuracy within three (3) days of commencing employment; and Accurately complete Section 2 of the I-9 and submit to Human Resources within three (3) days of commencing employment. Form I-9 Completion Instructions Employee On or before the first day of work, fully complete Section 1, Employee Information and Verification, and attest under penalty of perjury that he or she is a US citizen, lawful permanent resident or alien authorized to work in the US.
4 REVISED 04/05/2016 PAGE 4 OF 5 Form I-9 Completion Instructions Employee If an alien authorized to work in the US, he or she must indicate the expiration date of his or her temporary work authorization and include his or her Alien Number or Admission Number. Lawful Permanent Residents (also known as Green Card holders or Permanent Resident Aliens ) and citizens and nationals of the US must check the appropriate box indicating status. Ensure that the employee has completed every item in Section 1 and signed and dated the form. Also, to the best of your ability, ensure the form has been properly completed. Examination of Documents When supporting documentation for Section 2 is presented, it must be done in person (faxed, ed, mailed, or otherwise delivered documents are not acceptable). Examine the original documentation establishing the employee s work eligibility and identity. Photocopies or facsimiles of documents are never acceptable for I-9 purposes. Record the document title, issuing authority, document number and expiration date (as applicable) in Section 2 of the I-9. Authenticity of Documents Accept the documentation if it appears reasonably genuine on the face and relates to the employee. If any question arises regarding authenticity of the document, consult the HR Manager. No new hire shall be denied employment for inability to complete the I-9 or failure to present proper documentation without first escalating to the HR Manager. Over Documentation Federal law prohibits employers from requiring more documentation than the minimum acceptable number of documents or from rejecting valid documents and requesting specific documents.
5 REVISED 04/05/2016 PAGE 5 OF 5 Form I-9 Completion Instructions Over Documentation Examples of over documentation include but are not limited to; The employer requests more documents than required by law to complete the I-9 The employer rejects valid documents presented and requests specific preferred documents (the employer may not specify which documents the employee should present to verify employment eligibility and/or identity; if the employee asks, he or she should be told to see the list of acceptable documents that are included with the I-9 form) Important Note: Until Sections 1 & 2 of the I-9 are completed, including examination/verification of submitted documentation, the employee may not continue to work and will not be paid. The employee may return to work as soon as he or she presents acceptable documents verifying work eligibility and identity. Questions Regarding the I-9 Contact Contact the AFN Human Resources Department with any questions regarding completion of the Employment Eligibility Verification (I-9 Form) as follows: Susie Sensenbach National Director of Human Resources & Payroll susie@afncorp.com Yvette Hidalgo HR Coordinator yhidalgo@afncorp.com
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