Document Abuse Citizenship Status Discrimination National Origin Discrimination Retaliation Avoiding Discrimination in Recruitment, Hiring, and the

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2 Document Abuse Citizenship Status Discrimination National Origin Discrimination Retaliation Avoiding Discrimination in Recruitment, Hiring, and the Form I-9 Process Lawful Permanent Residents and the I-9 Process

3 Requiring more or different documents is discrimination if intent to discriminate can be shown. Avoid asking for more documentation if an employee has already shown acceptable documents. Always allow the employee to choose which documents to present. Consult with HRCIS if there are questions before asking an employee for more documentation.

Occurs when an employer treats employees differently based on their real or perceived citizenship or immigration status with respect to hiring, firing, or recruitment.

4 Occurs when an employer treats employees differently based on their real or perceived citizenship or immigration status with respect to hiring, firing, or recruitment. Examples: hiring only US citizens, or US citizens and green card holders; refusing to hire an employee because their employment authorization cards (EAD) contain expiration dates; employing unauthorized workers or temporary visa holders instead of US citizens and others with employment authorization (reverse discrimination).

5 Occurs when employers treat employees differently based on their national origin with respect to hiring, firing or recruitment. Relates to an employee s place or birth, country of origin, ethnicity, ancestry, native language, accent, or the perception that the employee looks or sounds foreign.

Occurs when an employer: intimidates, threatens, coerces, or otherwise retaliates against an individual because the individual has filed an immigration-related employment

6 Occurs when an employer: intimidates, threatens, coerces, or otherwise retaliates against an individual because the individual has filed an immigration-related employment discrimination charge or complaint; OR, because an employee has testified or participated in any immigration-related employment discrimination investigation, proceeding, or hearing.

7 Treat employees equally and NEVER: 1. Set different eligibility standards or require that different documents be presented because of an employee s national origin or citizenship status. (But Note: documents that are clearly inconsistent may be rejected).

8 2. Request to see employment eligibility verification documents before hire and completion of Form I-9 because someone looks or sounds foreign or because someone states that she is not a US citizen. 3. Refuse to accept a document, or refuse to hire an individual because a document has a future expiration date. 4. Request that, during reverification, an employee present a specific document. Employee must be free to chose which acceptable documents to present during reverification (located on the drop down menu in I-9 Online).

9 5. Limit jobs to US citizens only, unless US citizenship is required for the position by law, regulation, executive order, or federal, state, or local government contract. (But NOTE: on an individual basis you may legally prefer a US citizen or noncitizen national over an equally qualified alien to fill a specific position, but you may not adopt a blanket policy of always preferring citizens over noncitizens).

11 Section 1 Has to be completed by no later than the 1 st day of their employment. It may be completed anytime after the employee has accepted the position but no later than the 1 st day. Section 2 Has to be completed by no later than the 3 rd day after their 1 st day of employment. It may be completed anytime after the employee has accepted the position but no later than that 3 rd day after their 1 st day of work.

12 A copy must be attached to the employee s I-9 if one of the following is presented: U.S. Passport or passport card EAD (Employment authorization card) LPR (Lawful permanent resident card) ** This is a requirement with E-verify participation.

13 I-9 s may be completed as soon as the employee accepts the position. If the I-9 is completed in advance of the actual start date, the hire date on the I-9 should be the day that you are completing the form. The hire date that is entered on the I-9 is what triggers the 1 day/3 day time limit. If the I-9 is completed out of the 1 day/3 day time frame, the add comment field must be completed and include the reason the I-9 is not in compliance in case of an audit.

14 Any break in service ( ex-employee status in Oracle) requires a new I-9 to be completed. A new I-9 must be completed when an employees transfer from the Med. Center. Certain situations require that the employee be entered into Oracle before they actually begin work. Once the employee is entered into Oracle, they will appear on the missing I-9 report. Please let us know that the employee is not working so their assignment is not terminated. **Please remember that the I-9 still has to be completed within the time requirements**

15 When completing I-9 s for foreign nationals, if list A documents are chosen for section two, do not use the Foreign passport with I-94 and visa option. This option requires a visa number that is not known.

17 EAD (Employment Authorization Document/card) F-1 (student) - Will have an I-20 issued by ISO - OPT: will have an EAD - CPT (authorization dates will appear on I-20) G-4 - Will have an EAD J-1 - Will have a DS-2019 issued by ISO H-1b LPR (Lawful permanent resident) O-1 TN - Stamped I-94 card

19 DHS I-9 information does not match Dept. of Homeland Security records - Due to status change - A number and/or I-94 number incorrect in DHS records - Record contains another type of error - Information entered incorrectly SSA I-9 information does not match Social Security Admin. Records - Due to marriage, divorce, name change - Name, SSN, or date of birth incorrect with SSA records - If citizenship status recently changed - Information entered incorrectly

20 DHS HR-CIS will contact the employee. The employee will review the Tentative Nonconfirmation Notice. The employees decides whether to contest or not contest the notice. If the employees contests, the employee will receive the referral letter and contact DHS. The employee only has eight days to complete this step. DHS will instruct the employee on what action to take. DHS will notify HR-CIS with a decision. SSA HR-CIS will contact the employee. The employee will review the Tentative Nonconfirmation Notice. The employees decides whether to contest or not contest the notice. If the employees contests, the employee will receive the referral letter and contact SSA. The employee only has eight days to complete this step. SSA will instruct the employee on what action to take. SSA will notify HR-CIS with a decision.

22 Please do not use the temp. social assigned by HR on the I-9 form. The temporary number is for payroll purposes only. If the employee has a temp. number, the employee cannot complete section 1 on their own The I-9 specialist must complete section one and two. Once the employee receives their permanent social security number, please update their I-9 or send us the copy so we may update their records. Their I-9 cannot be sent to e-verify until a permanent ssn is entered. **Employee may apply for a permanent SSN 10 days after their arrival in the U.S.

23 Some social security cards will say: - Not valid for employment - Valid for work only with INS authorization - Valid for work only with DHS authorization Employees that are on F1, J1 or EAD cards will have a restricted social security card. The social security card cannot be used as a list C document for these types of employees.

24 The I-9 Specialist will need to complete section one for the employee. Section 2 will be completed as normal.

25 When a foreign national s work authorization expires, their I-9 will need to be reverified. This includes: EAD F1 H-1b J1 O-1 TN

26 If the employee is currently in the I-9 online system, the I-9 specialist will receive an automatic reminder of the upcoming expiring documents for their ORG s. Section 3 will need to be completed to update their I-9. If the employee has never been in I-9 online, we will need to get a new I-9 completed just to get them into the system. Unfortunately, the systems do not talk to each other. If an employee s work authorization has been renewed, Oracle will not update automatically.

27 Marc Amos Phone: Christine Langford Phone: Joni Louque Phone: Dave Ripley Phone: Tim White Phone: Michael Schwartz Phone:

HR-Compliance and Immigration Services 1

HR-Compliance and Immigration Services 1 Contents The I-9 form... 3 When does a new I-9 need to be completed?... 4 Section One.... 5 What does each citizenship status mean?... 6 Important tips to remember