Q: Are I-9s required for courtesy appointments at the University?
A: I-9s are not required for courtesy appointments. If an individual has a courtesy appointment and either transfers to paid status or continues in the courtesy appointment while also taking a paid job, then an I-9 form should be completed.
Q: What is “remuneration”?
A: Remuneration is anything of value that is given in exchange for labor or services – compensation. Therefore, any individual who receives compensation should complete an I-9 form. For courtesy appointments, it is not necessary to complete the form.
Q: What are the differences between the List A, B, and C documents?
A: The purpose of the Form I-9 is to document verification of the identity and employment eligibility of each new employee. List A documents establish both identity and eligibility for employment. List B documents establish identity only and List C documents establish employment eligibility. Therefore one document from each list is necessary when presenting List B and List C documents.
Q: Can I specify which documents I will accept for use on an employee’s I-9?
A: No. It is viewed as discriminatory to specify which documents to provide for the form. However, the University is a participant in E-Verify (as required by State Law); therefore all List B documents must contain a photograph. If the employee presents a List B document without a photograph, you must request one with a photograph.
Q: Is it necessary to complete a new I-9 form when an employee is promoted or transfers within the University?
A: No. New I-9 forms are only required for new hires, rehires, and certain changes in citizenship status.
Q: Do I need to make copies of the documents presented to complete Section 2?
A: Yes. It is University policy to do so and the federal law permits the employer to make copies of the document(s) and attach it to the I-9 Form.
Q: What if the employee is unable to provide the required documents at the time of hire?
A: If an employee is unable to present the required document(s) within 3 business days of the first day of employment, the employee must produce a receipt showing that he/she applied for a replacement document. In addition, the employee must present the actual document within 90 days of the hire AND the employee must have indicated that he/she is already eligible to be employed in the United States by checking the appropriate box in Section 1 of the I-9. When the employee presents the actual document, corrections need to be made to the I-9 as needed, and all should be forwarded to Human Resource Services, 1095 Virginia Ave, Room 101. In the event that the employee has the documents but has merely forgotten to bring them in to complete the form in a timely manner, the department should attach a note to the I-9 form explaining the reason for the delay in completing the I-9 form within 3 business days.
Q: What if the person is unable to provide any of the required documents or receipts for replacement documents within 3 business days?
A: The employee should be terminated immediately.
Q: If someone accepts a job but will not start immediately, can the I-9 be processed when the employee accepts the job?
A: Yes. The I-9 can be processed prior to the employee’s actual start date, but not prior to offer acceptance.
Q: Can I accept a photocopy, scanned image through email or facsimile of a document presented by an employee?
A: No. The person completing Section 2 is responsible for examining the original documents to determine if they reasonably appear genuine and relate to the employee presenting them. There is only one exception where a copy is allowed and that is a certified copy of a birth certificate, bearing an official seal.
Q: Are there social security cards that are not acceptable for List C?
A: Yes. If the social security card has one of the following restrictions, it cannot be used for I-9 documentation of employment eligibility, regardless of citizenship status.
Not Valid For Employment
Valid For Work Only With INS Authorization
Valid For Work Only With DHS Authorization
Q: May I accept a social security card that has been laminated?
A: According to the Handbook for Employers, M-274 (Rev 03/08/13) page 43, a laminated social security card can be accepted as long as the card reasonably appears to be genuine and to relate to the person presenting it. However, if you have any reason to believe that the laminated document being presented is not genuine you can refuse the document and request a different List C document. Metal replicas or plastic reproductions of the social security card are not acceptable for Form I-9 purposes.
Q: May I accept an expired document?
A: No. As of March 2, 2009 expired documents are no longer acceptable.
Q: Why is the Native American Tribal Document listed in both List B and List C?
A: This document is evidence of both identity and employment eligibility. It is not found in List A because List A documents are limited to those designated by Congress in the law. If the employee presents a Native American Tribal Document, record the appropriate information in both List B and C.
Q: Are a passport and visa the same thing?
A: No. The unexpired foreign passport is a List A document but the visa is not an acceptable document for the I-9. The visa and the passport serve two distinct purposes. The visa is a document that shows permission for entry into the United States. There are 22 different nonimmigrant visa categories, not all of which would make the employee eligible for employment. The passport is a formal document issued by an authorized official of a country to one of its citizens to allow for exit from and reentry into the country.
Q: Are both unexpired and expired passports acceptable List A documents?
A: No. As of March 2, 2009, expired documents are no longer acceptable.
Q: If someone indicates a limited duration work authorization at the time of hire and upon reverification the individual produces a social security card as proof of employment eligibility, should I ask for a DHS work authorization document?
A: No. You must accept any document from List A or List C, including a social security card, as evidence as long as it doesn’t indicate a restriction such as “valid for work only with DHS authorization”.
Q: May I accept a receipt for application of a replacement document?
A: Yes, with clarification. The most common receipt presented is for a replacement social security card. This may be accepted for purposes of completing the I-9 form and then within 90 days from the receipt date, the employee should present the actual document for review. Note: if the employee is hired for less than 3 days, a receipt may not be accepted.
Q: May I create the case in E-Verify if a receipt for a replacement document is presented?
A: It depends. If the document is being used to prove identity (e.g. a temporary driver’s license with a photo), then you may create the case in E-Verify. If the document is being used for employment eligibility (e.g. receipt for a replacement social security card), you must wait until the actual card is presented to create the case in E-Verify. Regardless of whether the case can be created or not in E-Verify, the actual document is required to be submitted to the employer once received.
Q: What constitutes “document abuse”?
A: Document abuse occurs when an individual is asked to present more documents than necessary or different documents than those presented during the I-9 process. One example is copying all documents presented rather than just those used to complete the I-9. You may only ask for additional documents for the I-9 if the documents presented aren’t acceptable.
Q: If I choose not to present my social security card for the I-9, why am I still required to provide a copy of the card with my hire paperwork?
A: It is University policy to maintain a copy of the social security card to ensure accurate data entry of the social security number and name for W-2 purposes
Q: What do I do if the employee presents me with documents from all 3 lists (A, B & C)?
A: If the employee presents you with documents from all 3 lists (e.g. US passport, Driver License, and Social Security Card), you will need to show them the list of acceptable documents and ask them which document(s) they choose to use for their I-9. Only copy the document(s) that the employee chooses.
Q: What issuing authority should I list for the social security card?
A: You will need to review the front and back of the social security card to determine the issuing authority. Typically there is a round seal on the front of the card that will have the issuing authority printed around the seal. Examples of issuing authorities you will see are; Social Security Administration, Department of Health and Human Services, or Department of Health, Education and Welfare. The issuing authority can be abbreviated on the I-9 as follows; Social Security Administration is abbreviated SSA, Department of Health and Human Services is abbreviated DHHS, and Department of Health, Education and Welfare is abbreviated DHEW.