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Policies and Procedures

APPM

3.0.12 Verification of Employment Eligibility

Administrative Responsibility:   Associate Vice President (AVP) and Chief Human Resource Officer (CHRO)

PURPOSE

The purpose of this policy is to communicate the University's obligation and processes to comply with the Immigration Reform and Control Act of 1986.

SCOPE

This policy covers all Wayne State University employees including any employee involved in the execution of this policy.

DEFINITIONS

N/A

POLICY

Verification of employment eligibility through the Form I-9 process is a Federal and university requirement for all newly hired and certain rehired employees (see below).    The University will also undergo further verification of employment eligibility through the Federal Government's E-verify system.

It is against Federal law and university policy for a prospective employee to perform work for the University before completing the Form I-9 process.  Persons violating this law and policy will not have completed pre-employment requirements and will not be paid for any work performed prior to completing this requirement.

GUIDELINES

Notification Requirements

  1. At the time of offer, employing units must inform the employee about the requirements for completing Form I-9.
  2. Additionally, the employee will be advised either verbally or in writing (Letter of Offer, Employment Agreement) of their obligation to complete Form I-9 and include the link to the electronic I-9 system.
  3. Hiring departments are required to post required E-verify and Right to Work notices in English and Spanish provided by the Department of Homeland Security (DHS).

Who Needs to Complete the Form I-9

  1. All newly hired employees.
  2. Rehired employees with a break in service of 1 day or more whose most recent Form I-9 was completed more than 3 (three) years previously.
  3. Rehired Part-Time Faculty employees with a break in service of more than 1 (one) year whose most recent Form I-9 was completed more than 3 (three) years ago.
  4. Foreign Nationals are also required to complete a re-verification of Form I-9 with each DHS Extension of Stay Authorization and each new grant of DHS work authorization.
  5. Department hiring authorities are required to consult with the Office of International Students and Scholars (OISS) concerning immigration/control regulations, visas, for university employment, and to obtain work authorization before making an offer for employment.

Completion of the Form I-9

  1. Form I-9 is comprised of 3 sections:
    • Section 1 is completed by the employee on-line through the University's service provider and must be completed not later than the employee's start date. The University's authorized hiring authority (UAHA) ADDED will send the link information to the employee when the offer of employment is made.
    • Section 2 will be completed following the completion of Section 1.  Section 2 must be completed by the employee in the presence of the UAHA within 3 work days from the employee's start date. The purpose of the in-person meeting is to verify the identity of the individual presenting the required documentation.
    • Section 3 is completed by the employer for reverification of an employee's renewed work authorization, and/or an employee's name change.

Retention of Form I-9 Records

  1. Form I-9s are required to be retained for 3 (years) after the hire date or 1 (one) year after the date employment ends- whichever is later. The University will retain all Form I-9 records on an electronic file basis for a period of time equal to or greater than Federal guidelines require.

E-verify

  1. As an additional step in the employment eligibility process, an E-verify query will be submitted via the electronic I-9 system upon the completion of the Form I-9. The results of the query will return a result of Employment Authorized, SSA (Social Security Administration) or DHS (Department of Homeland Security) Tentative Non-Confirmation or Final Non-Confirmation.
  2. Employment Authorized Employees are considered eligible for employment upon obtaining an Employment Authorized result. No further action is necessary upon receiving such a result.
  3. Tentative Non-Confirmation The UAHA must inform the employee of the Tentative Non-Confirmation result and provide the employee with documentation generated by E-verify at the time of the I-9 validation. E-verify will generate either a either a DHS or SSA referral letter depending on where the match issue had been detected and the employee will be afforded the opportunity to contest the tentative non-confirmation result with instructions to call or report to the appropriate agency within 8 federal workdays.
  4. The UAHAs are required to check the status of the E-Verify query no later than the 10th government workday to determine if the E-Verify status has been updated.
  5. Agency Referrals - Employees must contact the appropriate agency within 8 federal workdays in order to resolve their case. Employees who do not report to the agency providing the Tentative Non-Confirmation result within 8 federal workdays will be terminated. Hiring units should contact the UAHA for guidance in such cases.
  6. Final Non-Confirmation - Employees who receive an E-Verify Final Non-Confirmation as a result of referral will be terminated. Hiring units should contact the UAHA for guidance in such cases.
  7. All E-Verify cases must be resolved within the electronic I-9 system no later than the 10th government workday.

Employment Eligibility Verification During a National/State/Local Emergency Causing a Campus Closure

Should there be a declared Emergency which prevents the University from completing the requirements of the Form I-9, the University will seek and comply with the advice provided by the appropriate Federal entities such as Immigration and Customs Enforcement (ICE), for how to complete this process.

PROCEDURE

New Employees

Responsibility Action
HR Client Services UAHA
  1. Extend offer of employment to final candidate.
Employee
  1. Accept offer of employment.
HR Client Services UAHA
  1. Provide link to electronic I-9 system via e-mail or letter of offer.
Employee
  1. If the employee has a social security number, complete Section 1 of Form I-9 in electronic I-9 system no later than first day of employment.
    • (Employee without a social security number must report to HR Client Services to allow the UAHA to complete Sections 1 and 2 on behalf of the employee.)
  2. Report to hiring unit on start date.
  3. Employee must provide their social security number to the UAHA not later than 90 days from their start date or no further work can be performed.
HR Client Services - UAHA
  1. Review the employee's supporting documentation for completion of Section 2 of Form I-9.
  2. Log into I-9 Express to complete Section 2 of Form I-9.
  3. Review the results of E-Verify query in the electronic I-9 system.
  4. If a DHS or SSA Tentative Confirmation results:
    1. The E-verify system will generate the Further Action Notice - TNC (Tentative Non Confirmation Notice).  This form will be sent to the Employee via email. Employee is instructed to call the DHS telephone number listed on the form as soon as possible, but not later than eight (8) federal workdays from the date on the Notice letter. Employee is responsible to complete this action timely. Employee is instructed to notify the UAHA immediately upon resolution of the issue. The UAHA will verify the employee's information/status and approve the employee start date.

Existing Employees Requiring Reverification

Responsibility Action
HR Client Services UAHA
  1. Receive notification that work authorization has expired for employee.
Employee
  1. Provide updated documentation to hiring unit.
HR Client Services UAHA
  1. Provide updated documentation to hiring unit.
  2. Review employee's supporting documentation for the completion of Section 3 of Form I-9.
  3. Log into I-9 Express to complete Section 3 of the employee's original Form I-9.

REMOTE FORM I-9 COMPLETION PROCESS

On occasion, an employee will work at a remote or off-site location or may not be able to meet the UAHA and, therefore, is not able to present original documents for inspection. If an employee is unable to present original documents to a WSU representative, there are two options for the completion of the employer's section (Section 2) of the Form I-9:

  • Option 1: if the employee is employed through a temporary employment agency, such as Kelly Services, the agency must complete the Form I-9 on behalf of WSU. The employee is still required to present original documents to the temporary employment agency. I-9 completion is the sole responsibility of the hiring company and their employee. WSU has no action to take other than to verify that the agency hires and places employees who are eligible to work in the USA.
  • Option 2: The University can authorize a qualified person to act as an agent of the University for the purpose of completing the Form I-9. Follow the steps below:

    INSTRUCTIONS FOR HIRING UNIT
  • Step 1: The UAHA should instruct the employee to identify an agent - a person who is knowledgeable about the Form I-9 to whom the employee could present original documents. This person must be:
    • a Human Resources professional at the employee's home institution;
    • a staff member in an International Center office at the employee's home institution;
    • an attorney
    • a notary public. IMPORTANT: if a notary public is used, the notary must place the notary seal at the bottom of the AGENT AUTHORIZATION form and attach a notary certificate to the documents being notarized.
  • Step 2: After the Agent has been identified, the UAHA prepares the Agent Authorization Form as follows:
    • Part 1 - fill in:
      1. The Employee's Name
    • Part 2 (Agency Agreement) fill in:
      1. The Name and Title of the WSU representative (UAHA) who will sign the Agent Authorization Form on behalf of WSU, and
      2. The Name of the Agent.
  • Step 3: Send the prepared form to the Agent with instructions to:
    1. Complete, sign and date Part 1,
    2. Attach the Agent's notary seal, if applicable,
    3. Sign and date Part 2
    4. Return the form to the UAHA.
  • Step 4: The UAHA sends an email invitation and instructions to the employee to complete Form I-9 Section 1 online. The UAHA also sends a Form I-9 document which will be printed and taken to the Authorized Agent.
  • Step 5: When the Agent Authorization form is received back from the Agent, the UAHA reviews:
    1. Part 1 - to confirm that the Agent has completed this appropriately. And, if applicable, placed his or her notary seal on the form; and
    2. Part 2 - to confirm that Agent has signed and dated the Agent Authorization Form.
    3. If the Agent has properly completed Parts 1 and 2, then the UAHA signs Part 2 and sends a copy to the Agent.
  • Step 6: The employee will set up a time to meet the Agent in person. Employee will bring the Form I-9 to the meeting along with their chosen identification documents:
    1. The Agent will review the documentation and verify the identity of the employee.
    2. The Agent will then complete Section 2 as the Authorized Agent.
    3. The employee will email the completed Agent Authorization Form, Form I-9 and a copy of the verified identity documents to the UAHA.
  • Step 7: The UAHA:
    1. Reviews the Form I-9 document and the copy of the documents presented.
    2. Completes Section 2 online. Awaits verification of employee eligibility.
    3. Places the returned Form I-9 and the Agent Authorization Form into the employee's file.

APPENDICES

  1. N/A

RELATED UNIVERSITY/BOARD POLICIES

  1. N/A

Effective Date: TBD

Revised Date: 9/21/2020

Reviewed Date: TBD

To be reviewed, at minimum, every three years and/or revised as needed by: Associate Vice President (AVP) and Chief Human Resource Officer (CHRO).

Next Review By Date: 9/21/2023

SUPERSEDES POLICY

N/A

HISTORICAL DATES

Most recent 2/14/14