A new I-9 question

HR in Okla · August 2002

We are near a major university with many international students and have had many come in to apply. Once one is hired, they tell their friends who tell their friends etc. They can produce a driver's license and social security card for the I-9. I talked with the Immigration counselor at the university who told me they could get social security cards for "on-campus only" jobs, but that they were here on student visas and did not have work permits to work any where else.

If they produce legitimate documents and can fill out the top section of the I-9, supplying an alien registration number, can I do any more do be sure they are legally authorized to work? Some of them will check "citizen." As I understand it, I can't ask for any proof. I'm really nervous about a few who said they are citizens.

I casually questioned a very young applicant one day if she had the required documents to work in the U.S. She said "Yes, I'm a citizen" with a very thick accent. I said "oh, that's wonderful, how long have you been in this country?" (I know, I probably shouldn't have asked that!) Her answer was "one year." Seems I recall from my high school government class that it takes 5 years residency to become a citizen. I'm now afraid that others have lied on their I-9s, but what can we do?

Any advice from you I-9 experts?

Lori B · August 2002

We have hired some students on F-1 visas. Their SSA cards bear the notation "not authorized to work without INS approval." This then triggers our request for the INS Employment Authorization card.

If you are seeing SSA cards that do not bear this notation, and otherwise look reasonable, you may well be stuck. You are not required to be a document fraud detection expert. I-9 compliance is based on reasonableness.

Once hired, you can also call SSA to at least see if the SSN and name match. We're finding this service useful but wish it were available prehire to avoid headaches going in.

I'm interested to hear how other employers address the situation where you strongly suggest fraud but all the docs seem reasonable on their face.

HR in Okla · August 2002

Lori, we do check the Social Security records a lot of the time, especially if we have any reason to wonder about it. With the IRS cracking down on the requirement for payroll and social security records to match, we are asking for SS cards for payroll purposes, even if they have other documents for the I-9.

Terry · August 2002

Seeing a physical SS card really isn't any guarantee that the number is valid. I have seen so many fakes I have started to go grey. I am located in New Jersey and there was a news story two years back about a local bakery selling fake SS cards and INS docs out of the back room. If you are really serious about cracking down on the fakes, just check everyone's number. Make is part of your hiring practice. Time consuming yes, but will save you time and energy in the long run.

jpepler · August 2002

I began conducting background checks on all applicants that I extend a job offer to. Employment is contingent upon a positive outcome. The background check looks into their previous employment, credit, criminal, educational history. The agency also confirms SS# and when it was issued.

jpepler · August 2002

I just recieved a newsletter from our local employers' association that has some information on this subject.

You can call the SSA's Employer Helpline at (800) 772-6270 to verify up to 5 names and SS #'s while you wait. You need to have your company's EIN and the employee's full name, SS #, date of birth and gender.

The article goes on the say: "SSA will advise you if a name/SS # you submit does not match its records, but it is important that you don't use the verification service in a discriminatory manner. It should be applied only to currently or previously employed workers. If used for newly hired employees, verify ALL newly hired employees, not just those you suspect my be undocumented aliens."

Hope this helps.

Terry · August 2002

SS usually asks if the person has been hired. As long as an offer of employment has been extended, only at that point is it ok to call to confirm. Do not call if you are trying to decide among several candidate and use it as a way of narrowing the search. Best bet is to call after an offer has been extended but they have not yet worked.

arodriguez · August 2002

Tread lightly when using SSA for verifying SSI numbers... their regulations DO NOT allow you to use the verification service for I-9 verification... only for tax purposes!

Debra F · August 2002

The International Student Advisor gave you great information. I am the international employee point of contact in Human Resources at the university I work for. Students on F-1 visas are here for study only. They are allowed to work on campus only for 20 hours per week. If they are able to prove economic hardship, they can apply to the INS and get an Employment Authorization Document I-766, which allows them to work on campus or off. And, as you were told, their Social Security Card should read "Not Valid for Work without INS Authorization." The authorization comes in 2 forms. One is the I-20 they get which allows them to study in the US. The reverse side of it has an area where the International Student Advisor certifies that the student may work on campus only. The other is the EAD. Although you cannot ask to see the EAD, I always ask them for the expiration date, because you HAVE to have that for document recertification information. An EAD is only good for one year, I believe. So if they give you an expiration date of more than one year, that may be a tip-off that they are giving you invalid document information.

HR in Okla · August 2002

Debra, THANKS so much for the accurate info. I need one point of clarification. If they have a SS card that does NOT specify it requires INS authorization, would that indicate they are legal to hire? Does the SS card they get for working on campus have such a statement?

I will certainly watch those expiration dates, but too many of them check that they are citizens, when I fear they aren't.

HR in Okla · August 2002

While reseaching the info. everyone has offered, and auditing my I-9 files, I have a question now on reverifying documents in Section 3.

According to employer info on INS website, as long as an alien's documents are not expired when they are hired, you are not required or permitted to re-verify them. BUT, when you read the instructions that come with the I-9 packet, they refer to re-verifying.

My question is: does re-verifying only apply to rehires? If someone has a name change due to change in marital status, do you change it in Section C if they are currently employed?

Debra F · August 2002

OK, on reverification, there are three reasons to reverify. The first is if the person changes their name. They must present you with a new social security card with the new name (that's what we require since we need that for our payroll system). Second, you use Section III to show a rehire of a previously employed employee. Third, you use it to update the documentation on an alien employee. If an alien employee provides you with an Employment Authorization Card that expires 12/15/02, they must provide you with a new one prior to that date to continue working. Same thing for a Permanent Resident Card. You update the new expiration date in Section III. Any document provided you in List B or C or a U.S. passport can be expired, so there's no reason to reverify them. Does this help?

HR in Okla · August 2002

Thanks, Debra. But what is so confusing, if not contradictory, is that the employer information on the INS website tells you that as long as the documents are current at the time of hiring, you are NOT required to keep up with expiring documents. We have always tracked them, but are unsure if we need to.

I wish we'd get a definitive answer from one of the attorneys on this.

Debra F · August 2002

OK, if you have the INS Manual 279 which covers I-9s, look at page 16. Item 27 covers what happens when someone's work authorization expires. This is where it explains about reverification. The manual is old, but it's still the only solid reference document we have.

Debra F · August 2002

The cards I get for the ones working on campus all say "Not valid for work without INS authorization" unless they are a Permanent Resident. PRs can work without restriction. A PR is almost a citizen without the right to vote. If you get someone with a SSC with no restrictions, all you can do is accept it if it looks real. If it's laminated and the card says "Do not laminate" that's your only reason for not accepting it if it otherwise looks normal.

Titilayo Akodu · August 2002

My friend's four children were born here in the United State. Therefore, they are American Citizen by birth. In 1992, her husband decided to move back to their country of origin. They took all their children with them. In 2002, they came to visit after these many years. The children had developed what you called a "thick accent". My point is regardless of wheather they have accent or not, they might still be a Citizen.

The best way to proceed is to have them complete and sign the I-9 form. You must verify any of the acceptable document on the back of the form. it is their responsibility to state the fact. If they choose to lie, then they will face the consequences. Good Luck.

HR in Okla · August 2002

I'm appropriately chastised. You are right. My own daughter is raising her husband's niece who has lived with her mother in another country for all her young life, but is a US citizen by birth. Thanks.

A new I-9 question

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