Some states may place restrictive notations on their ID cards. Enter the document title, issuing authority, document number, and expiration date (if any) in Section 2 using information from the original documents the employee presented. The designated school official must update Form I-20 to indicate OPT recommendation. The student should enter the CPT employment end date from the employment authorization section of their Form I-20 in Section 1 as the date employment authorization expires. Once that threshold has been The EEOC enforces federal equal employment opportunity laws that prohibit employment discrimination against applicants, employees, and former employees. High school or secondary school students and international visitors are not authorized to work. For Section 2, the employee's Form I-94 with E-1S, E-2S, or E-3S nonimmigrant status is acceptable evidence of employment authorization as a List C #7 document. A drivers license can be issued by any state or territory of the United States (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) or by a Canadian government authority. Qualifying individuals must: Employees who present employers with a Form I-797C, Notice of Action, referring to an automatic EAD extension of up to 180 days are eligible for the extension of up to 540 days when the above eligibility requirements are met. Implementing a formal training plan to augment the students academic learning through practical experience. Retention of certificates for a rehired referred individual are calculated from the last date of hire. You must accept a receipt in place of a List A, B, or C document if the employee presents one, unless employment will last less than three business days. Moreover, new employers or hiring sites must timely report any change in the students employment information, as described below. Employment for other J-1 exchange visitors is sometimes job- and site-specific or limited to a few months. Note: Employers who participate in E-Verify can only accept a List B document if it contains a photograph. Employers should also enter EAD EXT in the same field and may keep a copy of the USCIS webpage describing the temporary extension of up to 540 days with the employees Form I-9, if applicable. New employees presenting an EAD that has been automatically extended must complete Section 1 as follows: For automatic extensions of up to 540 days (which reflects a temporary increase to the normal automatic extension of up to 180 days), the employer should enter EAD EXT in the Additional Information field and may keep a copy of the USCIS webpage describing the temporary extension of up to 540 days with the employees Form I-9. U.S. At the top of Section 2, enter the employees last name, first name, and middle initial exactly as it appears in Section 1. This card shows a name and Social Security number and allows the individual to work without restriction for any employer. Draw a line through incorrect information; Initial and date the correction or missing information. To update Section 2 for a current employee eligible for a cap-gap extension once you receive Form I-797C, enter CAP-GAP and Sept. 30 and the year you filed the petition in the Additional Information field. Hired on or before Nov. 6, 1986 (or on or before Nov. 27, 2009, in the CNMI), who are continuing in their employment and have a reasonable expectation of employment at all times; Employed for casual domestic work in a private home on a sporadic, irregular, or intermittent basis; Employed by a contractor providing contract services (such as employee leasing or temporary agencies) and are providing labor to you; or. How much do pressmetall employees make? The automatic extension lapsed prior to May 4, 2022. Job order or other referrals, including telephonic authorizations provide the: Agencies must issue a certificate on official agency letterhead and a designated official must sign it. An exception to this limitation applies in cases of emergent circumstances that DHS announces in a Federal Register notice. You must allow each individual to choose which documents to present from the Lists of Acceptable Documents. What happens if I properly complete and retain a Form I-9 and DHS discovers that my employee is not actually authorized to work? ), Drivers license issued by a Canadian government authority. Physically examine each original document from the employee to determine if the document reasonably appears to be genuine and relates to the person presenting it. To complete Form I-9, the agency should follow the guidance in this handbook, except that the agency should leave the employees first day of employment blank in Section 2 and must not accept receipts in place of documents. Employees must have timely filed an application to renew their employment authorization and/or EAD on Form I-765, Application for Employment Authorization, before the EAD expires (except certain employees with Temporary Protected Status (TPS)), and the Form I-765 renewal application remains pending. Our model gets smarter over time as more people share salaries on Glassdoor. Certain employees may have a physical or mental impairment which substantially limits one or more of their major life activities and are placed in jobs by a nonprofit organization, association, or as part of a rehabilitation program. Such dependent spouses may choose to apply for a Form I-766, Employment Authorization Document (EAD) and present it as a List A document for Form I-9 completion but are not required to do so. The rule does not cure any unauthorized employment that may have accrued prior to issuance of the rule. Find jobs. For J-1 students, the program sponsor prepares additional informal documentation (a letter) that verifies employment authorization. A charge does not constitute a finding that you engaged in unlawful discrimination. For T-1 nonimmigrants, this document combination shows employment authorization for two years from the Admit Until Date on the Form I-94 admission record (unless the Form I-485 application is denied or withdrawn, whichever is earlier). The agency may provide you the job order telephonically. How to write an employee handbook - Workable If the employee enters the information by hand, ensure the employee prints clearly. This notification may be included in the job order or referral form you receive from the agency. A revision date with an N next to it indicates that all previous versions with earlier revision dates are no longer valid. An unexpired Employment Authorization Document (Form I-766), or a combination of a valid List B document and an unrestricted Social Security card. Cards may contain one of the following notations below the expiration date: USCIS uses either an I-551 stamp or a temporary I-551 printed notation on a machine-readable immigrant visa (MRIV) to indicate temporary evidence of lawful permanent residence. U.S. citizens, U.S. nationals, asylees, refugees, and recent permanent residents are protected from this type of discrimination. Earls provides significant opportunity within the company. Exchange visitors come to the United States for a specific period of time to participate in a particular program or activity, as described on their Form DS-2019. If the stamp in the passport is endorsed CR-1 and is near but not on the MRIV, it is still a valid endorsement. If you rehire employees within three years from the date you completed their previous Form I-9, you may either use that form or complete a new one. If you reverify your employee using a paper Form I-9: If you complete Section 3 using a computer: Reverification is never required for U.S. citizens or noncitizen nationals. A statement that counterfeiting, falsification, unauthorized issuance or alteration of the certification constitutes a violation of federal law under Title 18, U.S.C. Earl Enterprises brings together the power of people, services and creative genius to build innovative sustainable companies that guests can enjoy today and in the future through our diversified brand portfolio. An employee may provide documentation to support a name change, but is not required to do so. 1. This handbook will tell you how to properly complete Form I-9, which helps you verify that your employees are authorized to work in the United States. You should attach a written explanation to the employees Form I-9 describing why you made changes to an existing Form I-9 or why you created a new Form I-9. automatic extension period is up to 180 days from the expiration date on the EAD. If you rehire an employee within three years from the date you completed the employees previous Form I-9 and who qualifies for this extension, you may reverify the employees employment authorization in Section 3 of the employees previous Form I-9 or complete a new Form I-9. See Section 5.1, Reverifying Employment Authorization for Current Employees for more information. If you did not include the E-Verify case numbers on Form I-9, provide the E-Verify Case Detail Pages during the inspection. 10 Fantastic Employee Handbook Examples to Inspire You - Archbee As a U.S. employer, you may submit a Form I-129, Petition for a Nonimmigrant Worker, to USCIS for nonimmigrants who have certain skills, provided they meet established requirements. Figure 3: Completing Section 1 of Form I-9 for minors without List B documents, Figure 4: Completing Section 2 of Form I-9 for minors without List B documents. For the other types of employment available to certain foreign students, (such as optional practical training (OPT) employment authorization, STEM (science, technology, engineering, and mathematics), OPT extension, or off-campus employment based on severe economic hardship) USCIS must grant an EAD to the student. Timely filed means you submitted the H-1B petition (indicating change of status rather than consular processing) during the acceptance period while the students authorized F-1 duration of status admission was still in effect. See Section 5.1, Reverifying Employment Authorization for Current Employees, for more information. The EEOC generally has jurisdiction over national origin claims involving employers with 15 or more employees, regardless of the work authorization status of the discrimination victims. This employee must present either a List A document , or a combination of a List B document that contains a photograph and a List C document. Faculty - Prince George's Community College - PGCC This includes any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period. An individuals national origin can relate to many things, such as their place of birth, country of origin, ethnicity, ancestry, native language, accent, or the perception that they look or sound foreign. The INAs national origin discrimination prohibition generally covers employers with 4 to 14 employees and protects all employment-authorized individuals. USCIS began issuing this version of Form I-551 in May 2010. How to Complete Form I-9 for EADs Extended by FRN. Also enter title, last name, first name, and the employers business or organization name. They are not required to complete Form I-9 and issue a certificate to you for a referred individual who is hired for three days or less. However, in certain circumstances, an EAD past its Card Expires date qualifies as an unexpired EAD. If the employee's Native American tribal document does not contain a photograph, you should request the employee provide a List B document with a photograph. If we approve your petition, you can hire the foreign workers you petitioned for. No. Full Guide On Time Clock Rules For Hourly Employees - Connecteam The anti-discrimination provision of the Immigration and Nationality Act (INA), as amended, prohibits four types of unlawful conduct: The Department of Justices Civil Rights Division, Immigrant and Employee Rights Section (IER), enforces this law. To find the eligibility category on your employees EAD, see Figure 7 below: Figure 7: Auto-Extended Employment Authorization Documents, Finding the Category and Expiration Date on an EAD (Form I-766). This handbook will give you more details about our mission, vision, and policies, and answer many questions you may have pertaining to 90 days from date of hire or, for reverification, the date employment authorization expires. You may destroy the original paper form after you have securely stored it in an electronic format. When your employee presents the original replacement document, cross out the word Receipt, then enter the information from the new document into the Additional Information field in Section 2. All Rights Reserved. See Section 12.1, List A Documents That Establish Identity and Employment Authorization, or Section 12.3, List C Documents that Establish Employment Authorization, for acceptable documents for reverification. State the students employment start date is Oct. 1 of the year filed the H-1B petition. You enter your employee number to identify yourself 3. Form I-179, Identification Card for Use of Resident Citizen in the United States. EEOC laws apply regardless of an individuals citizenship or immigration status. When completing Section 1 of Form I-9, employees with T or U nonimmigrant status should check An alien authorized to work and enter their EAD Card Expires date or their Form I-94, Arrival Departure Record Admit Until Date in the Expiration Date field. 6382(a)(1)(A)-(B) in connection with the birth, adoption, or foster care placement of a child occurring on or after October 1, 2020. The students Form I-20 for STEM OPT must have all Employment Authorization fields completed. 90 days from date of hire or, for reverification, 90 days from the date employment authorization expires. Job order number or other identifying number; Referred individuals name and date of birth; Position or type of employment for referred individual; Form I-9 Section 2 document(s), including title and number; Certification that the agency complied with 8 CFR 274(a)(1)(B) for verifying the referred individuals identity and employment eligibility, and determining to the best of the agencys knowledge that the individual is authorized to work in the United States; Any restrictions, conditions, expiration dates, or other limitations that relate to the individuals employment authorization or a statement affirming that there are no restrictions; A statement that the employer is not required to verify the individuals identity or employment eligibility, but that you must retain the certification in place of Form I-9; A space or line for the referred individual, under penalty of perjury, to sign his or her name in front of the employer when the employer receives the certification; and. Also, if the Received Date is on or before Oct. 26, 2023, the automatic extension period is up to 540 days from the expiration date on the EAD. They drive our company culture and help align our people and our processes to Earls' vision, mission and values so that people can be their best. In Section 1, employees who are T-1, U-1, U-2, U-3, U-4, or U-5 nonimmigrants should: The employee may choose to present an EAD as a List A document, or the combination of a List B and List C document, to demonstrate identity and employment eligibility. T and U nonimmigrants may apply for lawful permanent resident status by filing a Form I-485, Application to Register Permanent Residence or Adjust Status, provided they meet the eligibility requirements. You must reverify the employees employment authorization in Section 3 once you receive USCISs decision, on the H-2A petition or by the end of the 240-day period, whichever comes first. If you receive an NIF, you may request a hearing before an administrative law judge. You may also send Forms I-9 and supporting documents to the agency in electronic format or hard copy, if requested. More specifically, the temporary rule applies to individuals with a pending Form I-765 renewal application and employment authorization and/or an EAD who are eligible for the original 180-day automatic extension, and: The criteria for receiving this increased automatic extension have not changed from the criteria applicable for an extension of up to 180 days. Under certain circumstances EADs may be automatically extended. However, this section does not provide all of the variations of a particular document, and new versions of a document may become available after we publish this handbook. Employees must enter their maiden name or any other legal last name they may have used in the Other Last Names Used field. Establish the authenticity and integrity of the forms, such as audit trails. When the students EAD expires, you must reverify the students employment authorization in Section 3. However, you must reject documents that do not reasonably appear to be genuine or to relate to the individual presenting them, regardless of their citizenship status or national origin. Each year, thousands of exchange visitors, international students, and their dependents come to the United States to study and work. The unexpired foreign passport information; In the Additional Information field, "60-Day Ext." This role keeps the restaurant's wheels turning, and is the foundation of all of our Chefs careers. 2. For more information on civil and other penalties, contact IER. If you already used Section 3 for a previous reverification or update, use Section 3 of a new Form I-9. The actual replacement document. Employees with expiring immigration status, employment authorization, or employment authorization documents should have the necessary application or petition filed well in advance to ensure they maintain continuous employment authorization and/or valid documents. Do citizens and noncitizen nationals of the United States need to complete Form I-9? If an investigation reveals that you engaged in unfair immigration-related employment practices under the INA, IER may file a lawsuit. An ID card can be issued by any state (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) or local government. Employers who participate in E-Verify still must complete Form I-9 for each newly hired employee in the United States. A document that shows an employee applied to replace a lost, stolen, or damaged document. A tribal membership document issued by a Canadian First Nation; and. Employees with EADs with Category Codes A17, A18, and C26 require additional documentation supplementing the Form I-797C, Notice of Action, to show that the EAD has been automatically extended. The oral and/or written communication between you, your supervisory employees, and the individual indicates the individual will likely resume employment within a reasonable time. You are the architect and engineer of our kitchen. In 1986, Congress reformed U.S. immigration laws to preserve the tradition of legal immigration while seeking to close the door to illegal entry. If USCIS denies your petition, count 15 days from the date of the denial to determine the date the employees employment authorization expires. Enter the document number from the EAD with Category A12 or C19, as applicable. Employees must read the warning about penalties under federal law and attest to their citizenship or immigration status by checking one of the following boxes on the form: If the employee used a preparer and/or translator to complete the form, the preparer and/or translator must certify that such person helped the employee by completing the Preparer and/or Translator Certification block. Enter the number that correlates with the citizenship or immigration status box the employee selected in Section 1. Working at Earls: 773 Reviews | Indeed.com On-campus employment is limited to 20 hours a week when school is in session. In the Expiration Date field, enter the date that is 540 days from the Card Expires date on the EAD if the Received Date on Form I-797C is on or before Oct. 26, 2023, or the end date of the Form I-94, whichever is earlier. Leave both the Citizenship/Immigration Status field and the rest of Section 2 blank.