I-9 REFERENCE GUIDE. Student Employment For the employing department: Completing Section 2 December, 2015

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Transcription:

I-9 REFERENCE GUIDE Student Employment For the employing department: Completing Section 2 December, 2015

THE FORM I-9 According to Federal Law, all persons working for a new employer are required to show original proof of their identity and employability to work in the United States (as part of the completion of the Form I-9), before they start a job.

IF A NEW I-9 NEEDS TO BE COMPLETED: The form MUST be completed within the first three days of work. If not completed by the 3 rd day of work, the student must stop working until the form is completed.

USE THE CORRECT FORM The Form I-9 is frequently revised by the Federal Government. We cannot accept old forms. The instructions and valid form can be found online at: http://studentemployment.cornell.edu/forms and http://www.uscis.gov/i-9 Use blue or black ink to complete the form. Using white paper when printing the form allows for better visibility of the completed information, especially when it is updated to the student s file.

I-9 INSTRUCTIONS FOR: U.S Citizens Noncitizen Nationals Permanent Residents Foreign Nationals For the completion of the Form I-9, the student must be able to provide you ORIGINAL and unexpired acceptable documentation that shows proof of their identity and employability within the United States. Photocopies, faxed, or scanned image copies are not acceptable. Section 1 is to be completed by the student employee. If any corrections are found needed in Section 1, the edit must be made (and initial and dated) by the student employee. Section 2 is to be completed by you, the authorized representative for the employing department. If any corrections are found needed in Section 2, you must make (and initial and date) any needed edit. Our office will communicate with you, the authorized representative of the employing department, of any corrections that are found needed (in either Section 1 and/or Section 2). You are then responsible to contact the student employee of any Section 1 specific corrections to be made.

BEFORE YOU BEGIN Before completing Section 2, you must ensure that Section 1 is completed properly and on time. *Employers may not ask an individual to complete Section 1 before he or she has accepted a job offer. You must complete Section 2 in part of that, examining original evidence of identity and employment authorization within 3 business days of the student s first day of employment. If the student is hired for less than 3 business days, the I-9 must be completed no later than the first day of employment. The I-9 can be completed before the first day of employment, if the employing department has offered the student a job, and the student has accepted the position.

BEFORE YOU BEGIN (CONT.) You cannot not specify which document(s) the student must present from the Lists of Acceptable Documents to establish their identity and employment authorization. The student must present you one selection from List A OR a combination of one selection from List B and one selection from List C. Please note that some List A documents are a combination of documents, each of which must be written in the sections provided. The student must present combination documents together to be considered an acceptable List A document. You must physically examine each document that the student presents, to determine if it reasonably appears to be genuine and relate to the person presenting it. The person who examines the documents must be the same person who signs Section 2. The examiner of the documents, and the student employee, must both be physically present during the examination of the presented documents.

List of Acceptable Documents All documents must be UNEXPIRED Employees may present one selection from List A, OR A combination of one selection from List B AND one selection from List C. List A: Documents that establish both identity and employment authorization 1. U.S. Passport or U.S. Passport Card 2. Permanent Resident Card or Alien Registration Receipt Card (Form I-551) 3. Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa 4. Employment Authorization Document that contains a photograph (Form I-766) 5. For a nonimmigrant alien authorized to work for a specific employer because of his or her status: a. Foreign passport; and b. Form I-94 or Form I-94A that has the following: i. The same name as the passport; and ii. 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 on the form. c. Form I-20 or Form DS-2019 6. Passport from the Federated States of Micronesia (FSM) or the Republic of the 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

List B: Documents that Establish Identity *One selection from List C must also be provided if presenting a List B item 1. Driver s license or ID card issued by a State or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, 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, date of birth, gender, height, eye color and address 3. School ID card with a photograph 4. Voter s registration card 5. U.S. Military card or draft record 6. Military dependent s ID card 7. U.S. Coast Guard Merchant Mariner Card 8. Native American tribal document 9. Driver s license issued by a Canadian government authority For persons under age 18 who are unable to present a document listed above: 1. School record or report card 2. Clinic, doctor, or hospital record 3. Day-care or nursery school record

List C: Documents that Establish Employment Authorization *One selection from List B must also be provided if presenting a List C item 1. A Social Security Account Number card, unless the card includes one of the following restrictions: a) NOT VALID FOR EMPLOYMENT b) VALID FOR WORK ONLY WITH INS AUTHORIZATION c) VALID FOR WORK ONLY WITH DHS AUTHORIZATION 2. Certification of Birth Abroad issued by the Department of State (Form FS-545) 3. Certification of Report of Birth issued by the Department of State (Form DS-1350) 4. Original or certified copy of birth certificate issued by a State, county, municipal authority, or territory of the United States bearing an official seal 5. Native American tribal document 6. U.S. Citizen ID Card (Form I-197) 7. Identification Card for Use of Resident Citizen in the United States (Form I-179) 8. Employment authorization document issued by the Department of Homeland Security

FOR THE EMPLOYER: COMPLETING SECTION 2 Employee Last Name, First Name and Middle Initial from Section 1: You must write in the students name in the field below the Section 2 introduction, in this specific order (to include middle initial, if any, that the student entered in Section 1). The name at the top of Section 2 must match exactly how the student provided their name in Section 1. Record the document title shown on the Lists of Acceptable Documents, issuing authority, document number, and expiration date (if any) from the original document(s) the student presents. You may write N/A in any unused fields. If the student provides List A documents that are a combination of documents, information for each document item must be recorded separately in the sectioned blocks provided. *Be sure that you are recording the document information under the appropriate List column!

FOR THE EMPLOYER: COMPLETING SECTION 2 (CONT.) Under Certification, write in the student s first day of employment (mm/dd/yyyy). You must then sign in the Signature of Employer or Authorized Representative field. The date, mm/dd/yyyy, must be the actual date you completed and signed Section 2. You must then also complete the fields: Title of Employer or Authorized Representative Last Name (Family Name), First Name (Given Name) Employer s Business or Organization Name Employer s Business or Organization Address (Street Number and Name) City or Town State Zip Code

NEXT STEPS While the student is still present, it is best to review the completed form for any mistakes or errors. What to look for in Section 1 Did the student.. Enter their last name, first name, and middle initial (if they have a middle name); Enter any other names used; Enter a complete address (street number and name, apartment number if applicable, city or town, state, and zip code) a P.O. Box is not an acceptable address; Enter their complete date of birth - mm/dd/yyyy; Social Security Number, email address, and telephone number are not required so if those fields have been left blank, that is acceptable; Continue to next slide

What to look for in Section 1 (cont.) Did the student.. NEXT STEPS Check one of the four boxes attesting to their status; If the box for A noncitizen national was selected, you would want to confirm with the student if they in fact are a noncitizen national (noncitizen nationals of the United States are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad), or if they are here instead on a visa. If the student is here on a visa, then they are an alien authorized to work. If the box for A lawful permanent resident is selected, the students Alien Registration Number/UCSIC Number must also be noted on the line provided. If the box for An alien authorized to work is selected, the student must include the work until date on the line provided. Aliens whose employment authorization does not expire, such as refugees, asylees, and certain citizens of the Federation States of Micronesia, the Republic of the Marshall Islands, or Palau, may write N/A on that line. Continue to next slide

What to look for in Section 1 (cont.) Did the student.. NEXT STEPS For aliens authorized to work, their Alien Registration Number/USCIS Number OR Form I-94 Admission Number must also be noted on the appropriate line provided. If the Form I-94 Admission Number is provided, the student must also note their foreign passport number and country of issuance (or N/A ) on the lines provided. If the student obtained their admission number from Customs and Boarder Protection in connection to their arrival in the United States, then he/she would also need to record information on the appropriate lines of the I-9 form in Section 1 of his/her foreign passport number and country of issuance. If the student obtained their admission number from the U.S. Citizenship and Immigration Services within the United States, or he/she entered the United States without a foreign passport, he/she must write N/A in the Foreign Passport Number and Country of Issuance fields. Sign and date in the Signature of Employee and Date fields? If any of Section 1 was completed by a preparer or translator, that individual must certify that he or she assisted the student by completing the Preparer and/or Translator Certification Block. If multiple preparers and/or translators were required, subsequent preparers and/or translators must complete the Preparer/Translator Certification of a second Form I-9 and attach that page to the originally completed Form I-9.

NEXT STEPS I-9 s completed for undergraduate students must be faxed to the Office of Financial Aid and Student Employment at 607-254-1586, for further review and processing. I-9 s completed for graduate students must be attached to the students record in Workday. Instructions can be found online https://hr.cornell.edu/workdaycommunications/hcm%20job%20aids/documentatt achmentsforgraduatestudents.pdf

QUESTIONS? Please feel free to contact our office. Office of Financial Aid and Student Employment Nicole Waterman Student Employment Advisor 203 Day Hall Fax (Form I-9): 607-254-1586 sesemp@cornell.edu http://www.studentemployment.cornell.edu