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Where can I obtain the form I-9 and the M-274 Handbook for employers?
The form I-9 and the handbook can be retrieved and downloaded at www.uscis.gov and you can also order the book by calling 1-800-870-3676.
The form I-9 can also be obtained from the Human Resources website at www.hrs.virginia.edu/cis.html.
Must all UVA employees complete an I-9 form?
Yes. Anyone who is employed and receiving wages or salary from the University must complete an I-9 form. The only exceptions from this requirement are independent contractors and non-residents of the U.S. who work and live outside of the U.S. while employed by UVA.
What are the timelines for completing an I-9?
The employee must complete section 1 of the I-9 for on or before the date of hire. Departmental personnel must complete section 2 by the end of the third business day after the date of hire. The term “hire” is defined as the actual commencement of employment of an employee for wages or other remuneration.
Can I have a new employee complete a form I-9 prior to actually working?
Yes. A new employee may complete the I-9 form prior to the employee’s physical presence at the work site as long as the person has been offered and accepted the job. You may not have a job applicant complete an I-9 form.
What are the legally acceptable documents that a new hire can show for I-9 purposes?
The employer is required to verify both identity and authorization to work in the United States. The back of the I-9 form describes which documents establish a new hire’s identity and work authorization. You may also review the list of acceptable documents at: http://www.hrs.virginia.edu/forms/i-9.pdf.
- Documents listed in list A establish both identity and authorization to work in the United States.
- List B documents only establish identity.
- List C documents only establish employment eligibility, meaning the person is authorized to work in the United States.
Should I retain copies of documents presented by newly hired employees for I-9 purposes in department files?
No. The law does not require an employer to retain copies of supporting documents presented by an employee, and Compliance and Immigration Services strongly suggests that departments neither retain nor forward such copies to central HR. The law requires that should an employer retain copies that it is done for all employees.
What should I do if the employee fails to produce the required documents within three business days?
An employee who fails to produce the required documents within three business days should be terminated.
If the employee can produce an acceptable receipt such as for a social security card, the form will be valid for 90 days. Within that 90 days, the employee must produce the original document for their I9. This receipt rule does not apply to individuals who present receipts for new documents following the expiration of their previously held document.
Can I require an employee to provide specific documents for the I-9?
The employer cannot instruct the hire on which documents to provide, however, the documents must be on the list of acceptable documents located on the back of the I-9. A new hire may show any of the documents listed on the I-9 form. The documents shown in List A on the back of the I-9 form prove both identity and authorization to work. If a new hire provides a document in List A, then List B and list C does not need to be used. If the document provided is not in list A, the employee must provide a document from List B and a document from List C.
What is my responsibility concerning the authenticity of document presented to me for an I-9?
The documents must reasonably appear on their face to be genuine and to relate to the person presenting them. If the documents do not appear to be genuine, you must not accept the documents. Please contact Compliance and Immigration Services for any assistance.
May I accept a photocopy of a document presented by a new hire?
No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.
What is the different between Admission number and Alien number in section 1 of the form I-9?
An admission number is 11 digits in length and is found on the I-94 document or the I-20 form. An alien number is 8 or 9 digits in length, begins with the letter “A” and is found on Permanent Resident Cards (I-551) and on Employment Authorization documents (I-766, I-688B, etc.)
What is the difference between the passport and the VISA?
The passport is an internationally recognized travel document that verifies the identity and nationality of the bearer. The visa is a document presented to request permission to enter the U.S. The visa is not an acceptable I-9 document. The passport is accepted as a list A document.
Can an employee use their social security card if it states that it is “not valid for employment” or “valid for work authorization only”?
An employee can only use their social security card in List C if it is an unrestricted social security card. Another document from list C will need to be chosen.
May I accept an expired driver’s license or passport for I9 purposes?
Yes. You may accept an expired document from List B to establish identity. A driver’s license can only be used to establish a new hire’s identity for I-9 purposes. It is one of a number of documents, called List B documents, which only establish identity for I-9 purposes. The new hire must also provide a document from List C to establish work authorization. This rule also means that if a List B document is used to establish a new hire’s identity, you do not need to reverify the I-9 form when that document expires.
An expired United States passport establishes both who the holder is (their identity), and that they are a United States citizen and therefore authorized to work in the United States. If a new hire provided a passport on the I-9 form, you do not need to reverify the I-9 form when the passport expires.
Can I refuse to hire a person who shows an employment authorization card that will expire in three months, if the job is permanent?
No. An employer may not refuse to hire because work authorization will expire in the future.
What should I do if the employment authorization expires for a current employee?
You will have to re-verify his or her employment eligibility no later than the date the employee’s work authorization expires. You may use section 3 of the form I-9, or, if section 3 has already been used for a previous re-verification or update, a new form I-9 will be needed. Since only HR should have copies of the employees I9 form, a new form I-9 will be needed. You will write the employees name in section 1, complete section 3 and send the form to Christine Langford. The employee will need to present a document that shows either an extension of the employee’s initial employment authorization or new work authorization. If the employee cannot provide you with proof of current work authorization (e.g. any document from list A or list C, including an unrestricted social security card), you cannot continue to employ that person.
Note: List B identity documents do not need to be re-verified such as a driver’s license.
If the employee is on a permanent resident card, and the card has expired, the I9 will not be required to be reverified. Employment authorization is unlimited for I-551 holders.
What do I do when I rehire an employee?
You must ensure that he or she is still authorized to work. You can complete a new form I-9 or re-verify/update the original form by completing section 3.
You may re-verify on the employee’s original form I-9, but since HR keeps the copies here, a new I9 form will need to be completed.
You will need to write the employee’s name in section 1, and complete section 3. Of course, the employer can always complete a whole new I-9 if they prefer.
What happens when the I-9 is not in compliance?
If an I-9 is not in compliance with the I-9 requirements, the Department of Homeland Security may issue civil money penalties in an amount of not less than $110 and not more than $1,100 for each individual with respect to whom such violation occurred.
DHS will determine the amount of the penalty by:
- The size of the business of the employer being charged
- The good faith of the employer
- The seriousness of the violation
- Whether or not the individual was an unauthorized alien
- The history of previous violations of the employer
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