3.0.12 Verification of Employment Eligibility (REVISED 2/14/14)

DESCRIPTION

To comply with the Immigration Reform and Control Act (IRCA) of 1986, all employees hired after November 6, 1986, are required to complete the Form I-9, Employment Eligibility Verification, process and submit supporting documentation. (Refer to guidelines outlined below and Form 1-9 Completion resources for exact requirements). The form must be completed prior to beginning work at Wayne State University.

International Services notifies departments that employ non-immigrant aliens when the  I-9 process is complete. HR Client Services provides a copy of the completed Form I-9 to the employee when the I-9 process is complete.

TERM(S)/DEFINITION(S)

E-Verify System

Internet-based system that utilizes information contained in the Social Security and Homeland Security databases to verify the employment eligibility of an employee based on the information used to complete Form I-9.

Authorized I-9 Representative

Individuals from HR Client Services that have completed required training provided by Human Resources to complete Form I-9.

POLICY

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

Verification of employment eligibility for all new hires and rehired employees with more than a three-year break in service must be done by completing an electronic Form I-9.

All new hires and existing employees performing work directly on federal contracts valued at $100,000 or more will undergo further verification through the E-verify system. E-verify queries are submitted after the completion of Form I-9 via the electronic I-9 system.

Guidelines

Form I-9

  1. Form I-9 must be completed by the employee and the authorized hiring authority no later than the first day of work.
  2. Employees who completed a Form I-9 at the time of a previous hiring by Wayne State University , who left the university’s employ, and who returned to work less than three years after filing their previous I-9, may be rehired without having to complete a new Form I-9.
  3. If a rehired employee has completed a Form I-9 more than three years earlier, it is necessary to appear in person to complete a new Form I-9. This is true even if the person has had very regular, periodic appointments in classifications such as part-time faculty.
  4. Foreign nationals are required to complete a re-verification with each Department of Homeland Security (DHS) Extension of Stay Authorization and each new grant of DHS work authorization.
  5. Employees who begin work, in violation of this policy, prior to work authorization provided by the Office of International  Students and Scholars (OISS) will not be paid for such service until completion of the I-9 and are not eligible for a salary advance until the I-9 is completed.
  6. Hiring authorities are required to consult with the OISS concerning immigration/control regulations, visas, for university employment, and to obtain work authorization before making an offer for employment.
  7. Notification Requirements – At the time of offer, employing units must inform the employee about the requirements for completing Form I-9.
  8. In addition, either the Letter of Offer or accompanying employment agreement must contain language advising employees of their obligation to complete Form I-9 and the link to the electronic I-9 system.
  9. 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.
  10. Completion of the Form I-9 – All employees must complete Section 1 of the Form I-9 no later than the first day of work.
  11. Employees must appear in person with the appropriate documentation to the employing unit no later than the third day after beginning work for the completion of Section 2 of Form I-9.
  12. Section 2 of Form I-9 must be completed by the authorized I-9 representative no later than the third day after the employee begins work.
  13. Retention of Form I-9 is required to be retained for one year post hire or three years post termination, whichever is greater.

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 or DHS 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 – Authorized I-9 Representatives must inform the employee of the Tentative Non-Confirmation result and refer the employee to the Employment Service Center for case resolution. The referral is accomplished by completing the E-verify Referral Form and instructing the employee to go the Employment Service Center, in-person.
  4. The employee will receive a Notification of Tentative Non-Confirmation and will be afforded the opportunity to contest the tentative non-confirmation result. Employees who choose to contest will be provided with either a Social Security Administration or Department of Homeland Security referral letter with instructions to report to the appropriate agency within 8 federal workdays.
  5. Hiring authorities 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.
  6. 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 authorities should contact the Employment Service Center for guidance in such cases.
  7. Final Non-Confirmation - Employees who receive an E-Verify Final Non-Confirmation as a result of referral will be terminated. Hiring authorities should contact the Employment Service Center for guidance in such cases.
  8. All E-Verify cases must be resolved within the electronic I-9 system no later than the 10th government workday.

PROCEDURES

New Employees

Responsibility

Action

HR Client Services

  1. Extend offer of employment to final candidate.

Employee

  1. Accept offer of employment.

HR Client Services

  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 the HR Client Services to allow the authorized I-9 representative to complete Section 1 on behalf of the employee and Section 2.
  1. Report to employing unit within 3 days of start date.

HR Client Services

  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 DHA or SSA Tentative Confirmation results:
    1. Complete the E-Verify Referral Form.
    2. Instruct the employee to go in person to the Employment Service Center for case resolution.

Existing Employees

Responsibility

Action

HR Client Services

  1. Receive notification that work authorization has expired for employee.

Employee

  1. Provide updated documentation to hiring unit.

HR Client Services

  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.

SCOPE

This policy covers all Wayne State University employees.