I-9 Employment Eligibility Verification
- New I-9 Form, July, 2008
The U.S. Citizenship and Immigration Services has just issued a new version of the form I-9 for Employment Eligibility Verification. While there are no substantive changes to the form nor to the list of documents from the version that was issued in November 2007, the agency is requiring all employers to begin using the new form immediately. Please discard all old versions of the form and start using the new form immediately: http://www.uscis.gov/files/form/I-9.pdf.
The changes that were incorporated in the November 2007 form and list of document remain the same. Employees are no longer required to write their Social Security number in Section 1. The list of documents must be given to the employee along with the form, but it may be on a separate sheet. Previously, the list had to be copied on the back of the form. We suggest you complete your name, title and address (full street address, not just the building address) in Section 2 before photocopying the form.
The new I-9 only needs to be completed for new employees. We are not required to complete new forms for current employees. However, there are three situations in which a June 2008 I-9 form must be used for current employees:
1. When the employee changes from one UW department to another;
2. When the employee is rehired after a break in service, if the original I-9 is an earlier version than June 2007.
3. When the employee has work authorization with an expiration date and must be reverified.
Although the form is now available in Spanish, only employers in Puerto Rico may complete the Spanish version of the I-9. We can use the Spanish version as a translation guide for Spanish speaking employees, but the English version must be completed and retained.
The complete USCIS Handbook for Employers is available at: http://www.uscis.gov/files/nativedocuments/m-274.pdf
- UW-Madison I-9 Reference Manual, December 2007 Edition
- F-1 Student Optional Practical Training (OPT)
In April 2008, the U.S. Citizenship and Immigration Services (USCIS) published a regulation that permits certain F-1 students to apply for extended OPT benefits. All F-1 students are eligible for up to 12 months of OPT in their field of study once they complete their degree, or in some instances, during their degree program. Now, students who have completed a STEM (science, technology, engineering, or mathematics) degree are eligible to apply for an additional 17 months of OPT, for a total of 29 months. USCIS took this action to assist corporate employers, who often are unable to continue employing the students once the OPT expires due to the annual cap of 65,000 H-1B visas.
One of the conditions for participation in the extended OPT is that the employer must be enrolled in E-Verify. E-Verify is a web-based system that electronically verifies the employment eligibility of newly hired employees. It is a joint program between the Department of Homeland Security (DHS) and the Social Security Administration (SSA), which is administered by USCIS.
In order to register to use E-Verify, an employer must sign a Memorandum of Understanding (MOU) that details the responsibilities of DHS, SSA and the employer. Signing the MOU obligates the employer, among other things, to use the E-Verify system when completing the form I-9 for all new hires.
At this time, UW-Madison is not enrolled in the E-Verify program. There are significant problems with the system which need to be resolved before the University will consider enrolling. However, this does not impact our ability to continue employing these students because, unlike private corporations, universities are not subject to the annual cap on H-1B visas. We can file a petition for H-1B status at any time.
Unfortunately, anyone can enroll the University in E-Verify through the USCIS web site. This is of great concern because such action would obligate the entire University to use the system, not just an individual department or college. Please be aware that the sole authority for enrollment in E-Verify rests with the Vice Chancellor for Administration. Individuals at the departmental level are not authorized to enroll in E-Verify. Departments should continue to follow standard university procedures for I-9 employment eligibility verification. If you have any questions, please contact Deborah Ahlstedt at dahlstedt@ohr.wisc.edu. - Workshops
International Faculty and Staff Services offers a workshop on completing the I-9 Employment Eligibility Verification Form. This is a comprehensive workshop covering the verification requirements, how to properly complete the form, and which documents are acceptable. Special attention is given to the immigration documents that one is likely to encounter in a university setting. The workshop is appropriate for individuals who have not had extensive training in completing the I-9 and who are responsible for conducting the employment eligibility verification for their department.
To see when the next workshop is scheduled, check the “Workshops” section on our web page. IFSS also has a comprehensive manual on the I-9 process. To get a copy of the manual, send an email to: dahlstedt@ohr.wisc.edu