503 Verifying Identity and Employment Eligibility

Lawfully admitted for permanent residence; or

Authorized to be employed under the provisions of the Immigration Reform and Control Act or by the Attorney General of the United States.

Form I-9 is to be included in all appointment packets.

New employees must complete Section 1 and submit Form I-9 to their supervisor, employee orientation coordinator or other designated official upon reporting to work.

If new employees cannot complete Section 1 by themselves or if they need the form translated, assistance may be provided. A preparer or translator must read the form to the employee, assist in the completion of Section 1, and have the employee sign or mark the form in the appropriate place. The preparer or translator must then complete the Preparer and/or Translator Certification block on the form.

Documentation verifying identity and employment eligibility (e.g., U.S. passport, resident alien card, social security card, etc.) must be submitted with DHS Form I-9.

The supervisor, employee orientation coordinator or other designated official is to do the following:

A parent or legal guardian is to complete Section 1 and write “Individual under age 18” in the space for the employee’s signature.

The parent or legal guardian must complete the Preparer and/or Translator Certification block.

The minor must present documentation from List C on the Lists of Acceptable Documents to verify employment eligibility.

The supervisor, employee orientation coordinator or other designated official is to write “Individual under age 18” in the space for “Document #” in Section 2 under List B, and record appropriate information regarding the documentation provided to verify employment eligibility in Section 2 under List C.

The Lists of Acceptable Documents specifies that some documents with expiration dates must be unexpired in order to verify employment eligibility. When such documentation is received from a new employee, the Department of Human Services is responsible for monitoring the expiration date and reverifying employment eligibility prior to expiration. A photocopy of the renewed documentation is to be attached to Form I-9.

Reverification is not required for identity documents. United States Passports, whether valid or expired, never require reverification. Alien Registration or resident alien cards held by permanent residents do not require reverification.

When an employee is reemployed after a break in service, identity and employment eligibility must be reverified.

If reemployed within twelve (12) months of the termination date that the original Form I-9 was completed, Section 3 of the original form is to be appropriately completed. If the same documentation is provided to verify identity and employment eligibility, additional photocopies are not necessary.

A new Form I-9 must be completed if more than twelve (12) months have passed.

If an employee’s name has changed at the time of reverification, or any other time during employment, a photocopy of the documentation verifying the legal name change (e.g., marriage certificate, etc.) is to be placed in the employee’s official personnel file.

The health and wellbeing of the Department of Human Services (DHS) workforce and workplace safety are our top priorities. Due to concerns with the spread of Coronavirus (COVID-19), the agency is taken precautions to limit the spread of the virus.

The Department of Homeland Security announced on 06/16/2020, it will extend the discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA) for 30 additional days. Employers will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. However, employers must inspect the Section 2 documents remotely (e.g., over video link, fax, or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2.

Employers should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 field “Additional Information” (See COVID-19 Addendum Example A). Once the documents have been physically inspected after normal operations resume, the employer should add “documents physically examined” with the date of inspection to the Section 2 field “Additional Information” on the Form I-9, or to section 3 as appropriate (See COVID-19 Addendum Example B).

The Department of Homeland Security and USCIS has implemented Temporary Policies to minimize the burden on both employers and employees. They are also extending the timeframe to take action to resolve Social Security Administration (SSA) Tentative Nonconfirmations (TNCs) and Department of Homeland Security (DHS) TNCs when employers cannot resolve a TNC due to public and private office closures. The Temporary Policies include: