Form I-9 - Employment Eligibility Verification

Federal law requires that every employer who hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification.

Texas A&M also participates in the E-Verify program, a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States.

Departments are responsible for:

  1. Completing Form I-9s for new employees using Guardian
  2. Completing a section 3 as needed for:
    1. Rehires
    2. Legal name changes
    3. Employment re-verifications.

Request Access to Guardian, submit the HR Liaison Designation Statement of Responsibility Form and take the 2114166 : Form I-9 Processor Training available in TrainTraq.

Did you forget to upload documents to the Form I-9 in Guardian?
Please use the I-9 Employment Verification Document Upload Form to send all required documents to the Form I-9 Partners.

NEW Request a Form I-9 Remote Section 1
The employee will complete Section 1 prior to meeting with the Form I-9 Processor. The department’s Form I-9 processor will verify employment verification documents and complete Section 2.

NEW Request a Remote Form I-9 using an Authorized Agent
The department requests a remote verification of Form I-9 using a third-party to physically verify employment documents for Section 2. The Authorized Agent must have the ability to copy and upload any required documents.

Complete the Spreadsheet to Request Multiple Remote Agents then email it to UIN-I9@tamu.edu.

 

Questions

 

How to Determine if You Need a New Form I-9

Form I-9 Basic Knowledge

Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. Form I-9 verifies the employee's identity and employment authorization.

Requirements

  1. The employee MUST complete Section 1 on or before the first day of work.
  2. The employer MUST complete, approve, and E-verify Section 2 within three business days of employee’s start date.
  3. The hire date in Workday SHOULD match Form I-9 hire date.
  4. If employee is rehired within 3 years from the date of their last Form I-9, you MUST either:
    1. update the employee’s Form I-9 by completing section 3, OR
    2. complete a new Form I-9.

Form I-9 Basic Knowledge

Print Form I-9 Basic Knowledge document

When To Complete a Form I-9 Section 3
A Form I-9 Section 3 , Rehire can be completed for rehires if the employee is being rehired at Texas A&M University and if the most recent Form I-9 was completed less than three years prior to the new hire date. 

A Form I-9 Section 3, Reverification, MUST be completed when the employee´s work authorization expires. The employee must present the new documents including the new expiration date. Employees who have a Permanent Resident Card do not need to be reverified. 

A Form I-9 Section 3, Legal Name, MUST be completed when the employee changes their legal name. The employee must present a document including the new legal name.  

Guidelines for I-9 Processors During Covid-19

NOTICE (5-1-2020) Beginning on May 1, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. Within 90 days after DHS’s termination of this temporary policy, the employee will be required to present a valid unexpired document to replace the expired document presented when they were initially hired. When entering the document in Guardian, please check the Covid-19 Expiration Date Exception checkbox.

NOTICE (4-13-2020): Many states across the US are closing their DMV branch offices to the public in order to limit the spread of the coronavirus (COVID-19). As a result, individuals may be unable to apply for a new driver’s license or state ID, particularly when an in-person visit is required. Employers are able to accept expired driver’s licenses or state IDs as a List B document for I-9 purposes so long as the ID expired on or after March 1, 2020. Please read below (under Guidelines for I-9 Processors During Covid-19) about what to do when new employees present an expired Driver’s License.

NOTICE (4-5-2020): Texas A&M is still required to personally review documents for employment eligibility when completing Form I-9. Please review these Guidelines for I-9 Processors During Covid-19 to complete Form I-9.

Options to Complete Form I-9

On March 26, 2020, President Young announced a new hiring authorization process requiring his approval for all recruiting, selection, and hiring activities for the foreseeable future.

The hiring authorization does not apply to students, however, careful consideration should be given to all hires to ensure that employees can be oriented and onboarded. This is particularly important if a new Form I-9 must be completed.

On March 20, The Department of Homeland Security announced a temporary option for employers to fulfill the Form I-9 requirements, however, those options are not currently applicable to Texas A&M since we continue to have essential employees on campus. This means that Texas A&M is still required to physically review documents for employment eligibility when completing Form I-9.

Departments have the options below to complete Form I-9 for new employees. As a reminder, new employees mean:

  • Employees who have never worked at Texas A&M
  • Employees transferring from another System Agency
  • Rehires with a Form I-9 older than 3 years
  • Employees that will be dually employed and their first job is with a different System Agency

Option 1 – Current In-Person Process

The department’s Form I-9 processor meets in person with the employee to verify employment verification documents. This means that the employees will complete section 1 in the presence of the Form I-9 processor, and the Form I-9 processor will verify the documents of the person. This is provided that both employee and the Form I-9 processor are in the same city or area and that the employee has access to the building and an office space in which CDC and OSHA guidelines can be followed.

Option 2 – Remote Section 1 Only

NOTE: If you request Option 2 we cannot add a Remote Agent. If you need a Remote Agent to inspect documents to complete Section 2, please refer to Option 3 below.

The department requests a remote Section 1 to be completed remotely by the employee to minimize face-to-face contact during the verification of documents for section 2. Departments need to provide the following information:

  • Employee Name and UIN
  • Start Date
  • Email
  • Pay Sequence

The department’s Form I-9 processor will meet in person with the employee to verify employment verification documents, and complete Section 2. This is provided that both employee and the Form I-9 processor are in the same city or area and that the employee has access to the building and an office space in which CDC and OSHA guidelines can be followed.

NEW - Request a Form I-9 Remote Section 1

Option 3 – Remote Section 1 and 2 Using Third Party Verifier

The department requests a remote verification of Form I-9 using a third-party to verify employment documents for section 2.

Departments need to meet certain conditions and provide additional information:

  1. I-9 Partners will need at least 48 hours to set-up a remote process.
  2. The Workday hire must be confirmed in Workday prior to starting a remote Form I-9 process.
  3. Department’s must provide the employee’s name, email, UIN, hire date, and pay sequence.
  4. Department’s must provide a remote verifier who can meet in person with the employee. It can be anybody the department or the employee selects. However, the verifier must provide name, email, and phone number.
  5. The remote verifier must have the ability to copy and upload any required documents.
  6. HR liaisons must have all of the information above, and must also discuss this process with the hiring manager, prior to entering the hire in Workday.
  7. The Form I-9 partners at HROE will contact the remote verifier and obtain the remote verifier’s consent to complete Section 2 according to Federal Guidelines. Form I-9 partners will provide instructions and assistance as needed.

NEW - Request a Remote Form I-9 using an Authorized Agent

NEW - EMAIL SAMPLE to Communicate with Employees Regarding Completing Remote Form I-9 Using an Authorized Representative

Spreadsheet to Request Multiple Remote Agents  -  email it to UIN-I9@tamu.edu.

These options are available to Texas A&M University’s main campus in College Station/Bryan, as well to Texas A&M University’s remote campuses across the state.

Remember that if the employee is rehired within Texas A&M University, and if the Form I-9 is not older than three years, HR liaisons can complete a Section 3 for rehire which only requires a rehire date.

Please send all your questions and requests to UIN-I9@tamu.edu

 


Can I accept an expired driver license/state ID for an employee in which the office is closed?

Many states across the US are closing their DMV branch offices to the public in order to limit the spread of the coronavirus (COVID-19). As a result, individuals may be unable to apply for a new driver’s license or state ID, particularly when an in-person visit is required. To minimize customer inconvenience, many of these states are either extending the validity of the driver’s licenses automatically or in some cases, simply limiting enforcement in the event of traffic stops.

In response, the United States Citizenship and Immigration Services (USCIS) published the following Form I-9 guidance related to this issue:

  • Many states are extending the expiration date of state IDs and/or driver's licenses. How should the extension be documented in Section 2?
    If the employee's state ID or driver's license expired on or after March 1, 2020, and the document expiration date has been extended by their state due to COVID-19, then it is acceptable as a List B document for Form I-9. Enter the document's expiration date in Section 2 and enter "COVID-19 EXT" in the Additional Information field. Employers may also attach a copy of the state motor vehicle department’s webpage or other notice indicating that their documents have been extended.

On March 30th, USCIS clarified:

The Section 2 expiration date should be the actual expiration date printed on the employee’s document and not an auto-extension date. Employers can confirm that their state has auto-extended the expiration date of state IDs and driver’s licenses by checking the state Motor Vehicle Administration or Department of Motor Vehicle’s website.

As indicated in the Q&A above, employers are able to accept expired driver’s licenses or state IDs as a List B document for I-9 purposes so long as the ID expired on or after March 1, 2020.


What should I do if the new hire’s driver’s license or state ID expired before March 1, 2020?

Employees may present a wide variety of documents in order to demonstrate both identity and work authorization. Therefore, as a first step, you may inquire whether the individual has any other documents from the Lists of Acceptable Documents which can be presented instead. Asking for alternative documents is a standard practice when an employee provides a document which does not meet the strict requirements of the Form I-9.

Form I-9 Acceptable Documents

NOTICE (5-1-2020) Beginning on May 1, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. Within 90 days after DHS’s termination of this temporary policy, the employee will be required to present a valid unexpired document to replace the expired document presented when they were initially hired. When entering the document in Guardian, please check the Covid-19 Expiration Date Exception checkbox.

NOTICE (4-13-2020): Many states across the US are closing their DMV branch offices to the public in order to limit the spread of the coronavirus (COVID-19). As a result, individuals may be unable to apply for a new driver’s license or state ID, particularly when an in-person visit is required. Employers are able to accept expired driver’s licenses or state IDs as a List B document for I-9 purposes so long as the ID expired on or after March 1, 2020. Please read below (under Guidelines for I-9 Processors During Covid-19) about what to do when new employees present an expired Driver’s License.

NOTICE (4-5-2020): Texas A&M is still required to personally review documents for employment eligibility when completing Form I-9. Please review these Guidelines for I-9 Processors During Covid-19 to complete Form I-9.

Form I-9 Acceptable Documents

Acceptable documents to complete Form I-9, Employment Eligibility Verification

Lost/Misplaced Card
If a US citizen provides a Social Security Card receipt in lieu of their Social Security Card due to a lost or misplaced card, the employee is able to complete the Form I-9 with receipt. The employee has 90 days (upon completion of the Form I-9) to obtain their Social Security Card and provide it to the hiring department HR Liaison who will then notify the HR office and update the Form I-9.

Employees without a Social Security Card
Within 90 days, the employee must provide the hiring department their Social Security Card for the completion of the E-verify process of the Form I-9. It is the hiring department’s responsibility to obtain the Social Security Number within 90 days of the employee’s hire date. After 90 days, the employee is subject to termination of employment.

Legal Name Change
All employees must provide a U.S. Social Security Administration Card or receipt to the hiring department HR Liaison to update in Guardian. The HR Liaison confirms the name and notifies the I-9 Partner to create an I-9 Section 3, Name Change Only. Once the I-9 Partner has completed the Section 3 with the updated information, the I-9 Partner will approve the new legal name in Workday.

 

Form I-9 for International Student Employees

Hiring departments should confirm, after acceptance of an offer, that the student employee has checked in with ISS. F-1 students with an I-20 issued from Texas A&M University must receive an SSN letter from ISS BEFORE the student will be eligible to work.

If an international student employee is not able to provide a Social Security Number when completing Form I-9, the student employee can complete the Form I-9 as long as other required documentation (F-1, J-1, H-1, etc.) is provided.

If an international employee is not able to provide a Social Security Number at the time of completion, the employee can complete the Form I-9 as long as other required documentation (F-1, J-1, H-1, etc.) is provided.

 

For HR Liaisons with Guardian Access

Information for HR Liaisons with Guardian Access

  • Routinely monitor your To Do list to complete Form I-9 tasks, including re-verifications. If your Guardian To Do list has red dots, please take action as needed and either complete the task or let us know if the employee is no longer with the department. Contact us at contact UIN-I9@tamu.edu or 979-458-6703.
  • A copy of the passport, passport card, or permanent resident card - when used to verify both identity and employment verification - MUST be uploaded in Guardian before marking the I-9 Complete in Guardian
  • New hires who do not have their Social Security Number at the time of employment have 45 days to receive their SSN card. If you have entered a new hire into Guardian who does not yet have their Social Security Number (SSN), that new hire cannot be run through the E-Verify process. HR Liaisons are responsible for obtaining the SSN from the new hire and ensuring Guardian is updated.
  • To ensure you can access your new employee in Guardian, go to Guardian several days before their hire date and attempt to enter the new employee’s information. If you are unable to see the employee or make changes to their existing record, please send an email to UIN-I9@tamu.edu to request a change in pay sequence (please provide your pay sequence). This will allow us time to change the employee’s information so they will be available to you while they are in your office.
Additional Resources

Resources

Special Announcement

Special Announcement

  1. On January 31, 2020 the USCIS published a new version of the Form I-9. This version does not have any substantive changes and carries a version date of 10/21/2019. Employers are required to use this form starting May 1, 2020. The LawLogix team is actively working on implementing the latest version in Guardian and will make it available as part of the March 17, 2020, production release.

    If completing Form I-9 on paper we encourage employers to continue to use the 07/17/17 N version until the newest version is available in guardian. While there are no substantive changes to the form, there are a few differences with the newer version.

    Instructions Changes - Some of the form instructions have been updated to clarify a few items including the following:

    Completing Section 2: Employer or Authorized Representative Review and Verification
    New text added: 'You may designate an authorized representative to act on your behalf to complete Section 2. An authorized representative can be any person you designate to complete and sign Form I-9 on your behalf. You are liable for any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on your behalf.'

    The Use of 'N/A' in Section 2
    When using List A or a combination of List B or C columns, there is no longer a need to enter 'N/A' in the unused fields. These fields may be safely left blank if they are not going to be used.

    Document Title Confusion
    The USCIS has added a notation in regards to List C Employment Authorization Documents issued by the DHS 'does not include the Employment Authorization Document (Form I-766) from List A.'

    Another notation has been added indicating that the List B ID card issued by federal, state, or local government agencies or entities 'does not include the driver’s license or ID card issued by a State or outlying possession of the United States as described in B1 of the List of Acceptable Documents.'

  2. Form I-9 and Guardian Training is Now Available! Federal regulations are constantly changing and if you have not taken I-9 training in the last two years, please register in Traintraq, Course Number 2114043.