This page provides answers to commonly asked questions for achieving employment compliance with Form I-9, regarding interruption in employment, certification of naturalization, conditional permanent residents, expired Form I-9, name changes, noncitizen nationals, passports versus visas, receipt rule, authorized representatives, remote employees, and the required types of documents and deadlines for submission.
To learn about recent changes to the federal Form I-9 and the university’s verification processes, see the news page Updated Employment Verification Process and Form I-9.
I am rehiring someone who used to work at Stanford. Does this require a new or updated Form I-9?
Employees who leave the university require a new or updated I-9 when they return to university employment. See exceptions for returning employees on the Topic Overview: Verify Eligibility for Employment and Form I-9.
Is the Certificate of Naturalization an acceptable Form I-9 document?
Yes. The Certificate of Naturalization (Form N-550 or N-570) is an acceptable document for List C, a #8 employment authorization document issued by the Department of Homeland Security (DHS); however, it needs to be combined with one of the List B documents in order to satisfy the I-9 requirement. See the USCIS website for details.
The Certificate of Naturalization states you may not make a copy of it. As an employer, I make copies of all documents for Form I-9. May I make a copy of the Certificate of Naturalization?
Yes. The employer may make a copy of the Certification of Naturalization for Form I-9 purposes. Under the Immigration and Nationality Act governing the Form I-9 process, the copying of documentation is permitted notwithstanding any other provision of law.
My employee submitted a green card with an expiration date of two years from the date of issue (conditional permanent residence). Does this conditional permanent resident status require reverification after the card expires?
No. Permanent residents do not require reverification if employment was continuous. In other words, permanent resident cards with or without an expiration date are List A documents that should not be reverified. (Cited from the USCIS Handbook for Employers.)
How can I make sure I am using the current version of the form?
The United States Citizenship and Immigration Services (USCIS) released an updated Form I-9 (Edition 08/01/23) that must be used for all new hires and reverifications. View the date printed at the bottom left of each page to make sure you are using the correct version. Please utilize this new form as soon as possible, but no later than 11/01/2023.
The process of completing Form I-9 itself remains unchanged.
The previous version of Form I-9, which shows an expiration date of Aug. 31, 2019, is no longer accepted after Oct. 31, 2023.
Do I need to submit an I-9 update for a name change?
No. Payroll does not require additional documentation in the event of a name change. Please contact your local department manager or human resources administrator to update your name in PeopleSoft. For correct reporting of wage information to Social Security, your name in PeopleSoft must match your legal name on file with the Social Security Administration.
Is my employee a noncitizen national?
Noncitizen nationals are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. More information on U.S. noncitizen nationals is found on the U.S. Department of State - Bureau of Consular Affairs website.
Does the visa document establish employment eligibility?
No. Though the visa and passport are similar in appearance, the visa document has “VISA” printed on the top left corner and is not on the list of acceptable documents. Please note the differences and ensure that a visa is not submitted in place of a passport.
When can an employee present a receipt for documents in lieu of an actual document from the List of Acceptable Documents?
The "receipt rule” covers situations in which employees are authorized to work at the time of initial hire or reverification, but they are not in possession of a document from the list of acceptable documents accompanying Form I-9. Receipts showing that a person applied for an initial grant of an employment authorization document (EAD) or for renewal of an EAD is not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 or Section 3 of the form. The receipt is valid for a temporary period. There are three scenarios where receipts qualify under the rule:
- A receipt for a replacement document when the document has been lost, stolen, or damaged. The receipt is valid for 90 days, after which the individual must present the replacement document to complete Form I-9.
This rule does not apply to individuals who present receipts for new documents following the expiration of their previously held document.
- A Form I-94/I-94A containing a temporary I-551 stamp and a photograph of the individual, which is considered a receipt for the Permanent Resident Card (Form I-551). The individual must present Form I-551 by the expiration date of the temporary I-551 stamp or within one year from the date of issuance of Form I-94/I-94A if the I-551 stamp does not contain an expiration date.
- A Form I-94/I-94A containing an unexpired refugee admission stamp. This is considered a receipt for either an EAD (Form I-766) or a combination of an unrestricted Social Security card and List B document. The employee must present either option to complete Form I-9 within 90 days after the date of hire, or in the case of reverification, the date their employment authorization expires.
My employee is a non-resident non-U.S. citizen. Do they need to apply for a Social Security number or does an Individual Taxpayer Identification Number (ITIN) suffice?
Non-resident non-U.S. citizens authorized to work must apply for a Social Security Number (SSN) if being paid through Payroll.
An SSN is required of all employees in the U.S. Most nonresidents arrive in the U.S. without an SSN. The nonresident should wait two weeks after entering the U.S. before applying for an SSN. Refer to the Bechtel International Center website for additional information on the application process. Nonresident employees may begin working before applying for an SSN, but they must apply and provide the number to Stanford in a timely manner.
What instructions should I provide to my newly hired employee who does not currently have an SSN?
If your employee has not yet applied for an SSN or Social Security card (SSC), have them apply as soon as possible. More information about this process can be found on the Bechtel International Center's website.
If your employee has applied for an SSN but has not yet received the card, have the employee submit a clear copy of the application receipt to the I-9 Compliance Specialist in the Payroll Department by submitting a payroll support request.
Once the SSN is received, the employee should bring their SSC for entering data into PeopleSoft using the following instructions:
| Employee | Actions |
|---|---|
| Faculty/Staff | Bring SSC to the department or HR administrator |
| Student | Faster and safer method
|
| Postdocs | Follow the instructions on the Office of Postdoctoral Affairs website |
When should Section 1 of Form I-9 be completed?
Every newly-hired employee should complete, regardless of their immigration status should complete, sign, and submit Section 1 on the first day of work.
When should Section 2 of Form I-9 be completed?
Employers must complete and sign Section 2 of Form I-9 within three business days of their employee's first day of work. If employment lasts less than three days, then the employer must verify work authorization and complete Section 2 no later than the first day of work.
My employee did not complete the Form I-9 on the first day of work but worked anyway. Should the employee not receive pay for those hours?
An employer should pay for hours already worked by the employee. Refusing payment for hours worked would be in violation of Labor Code in Labor Code Sections 204, 204b, 205 and 209. If a situation like this occurs in your department, please alert the I-9 Compliance Specialist by submitting a payroll support request. We will work with your unit to review local I-9 procedures to ensure compliance with future new hires.
I-9 requires me to view original documents with the employee present. How do I do this remotely for employees who cannot come to campus?
For employees who will work remotely within the U.S., I-9 requirements may be completed with a remote agent at another university in their area. Provide the remote employee with the Remote Employee I-9 and the Remote Agent Instruction Sheet after you have filled in the first three lines. If they are already connected with a specific university, they may make this request themselves (usually to someone in HR or Payroll) and provide that person with the instruction sheet.
If assistance is required when reaching out submit a support request with the completed instruction sheet .
See Verify Eligibility for Employment and Form I-9 page for current options to process the Form I-9.
