Q. Who needs to comply with the I-9 and E-Verify requirements and processes?
A. Every new hire must complete an I-9 to prove eligibility to work and the information must be entered into the E-Verify system. Any nonimmigrant whose work authorization is updated, extended, amended, or changed must fill out a new I-9, but does not need to be re-entered into the E-Verify system.
Q. When must the I-9 and E-Verify processes be completed?
A. The I-9 must be filled out within three days of hire. Hired means the day an employee commences work.
The E-Verify information must be entered electronically within 3 days after the employee commences work, unless the employee does not have a Social Security number. In that case, the employee must apply for a Social Security number and receive it before being entered into the system.
Q.What do I do with a completed I-9 form and E-Verify process documentation?
A. For permanent and temporary employees, the original I-9s with a copy of the E-Verify system details should be sent to HRIM, Campus Box 7210. Although the University standard is not copying or attaching supporting documents, compliance with the E-Verify system's rules require us to attach copies of the U.S. Passport/Passport Card, Permanent Resident Card and the Employment Authorization Document. These are the only three documents that should be copied and attached to the I-9 form. .
Q. Can an I-9 be completed before the employee actually begins work?
A. Yes, the I-9 may be completed early, but only after a start date is confirmed.
Q. What about volunteers on campus? Do they need I-9's too?
A. No, only University employees added to payroll for performing work on behalf of the University need I-9s.
Q. What happens when a new employee does not produce the required documentation within 3 days?
A. The employee must supply the required documentation to prove employment eligibility within 3 days. The only exception is when the employee has a receipt for a lost, mutilated or destroyed document, showing application for the required document, in which case the employee is given 90 days to provide the documentation. If the employee cannot provide the original documentation within 90 days after providing the receipt, the employee must be terminated. If the employee does not provide the original documentation or receipt for such within the 3-day period, the employee must be terminated.
Q. May I specify which documents I will accept for documentation?
A. No, you may not require specific documents such as a driver's license or a Social Security Card. You must accept any documents presented that reasonably appear to be genuine from the list of acceptable documents appearing on the back of the Form I-9. A Social Security number is required for the E-Verify process, so the box for the Social Security number should be completed by the new hire in Section 1. Employers who do not participate in E-Verify cannot require a Social Security number in Section 1 even though they might need it for payroll and other administrative purposes.
Q. Q. May I accept an expired document?
A. No, you cannot accept any document that has expired. All documents must be valid on the day they are being presented for I-9 purposes.
Q. May I accept a photocopy of a document presented by an employee?
A. Only original documents may be used to prove employment eligibility with the exception of a certified copy of a government-issued birth certificate as a List C document.
Q. What do I do with a Social Security Card that states "Not Valid for Employment" or "Invalid Without DHS authorization"?
A. The employee must present an additional document from List C to prove employment eligibility, or s/he can present a document from List A instead of a combination of List B and List C documents.
Q. Should I make copies of the employee's documents presented for the I-9?
A: No, you should not make or retain copies of documents provided by the employee, with the exception of U.S. Passports or U.S. Passport Cards, Permanent Resident Cards and Employment Authorization Cards. Although the University standard is not to copy supporting documents, compliance with the E-Verify system's rules require us to attach copies of the U.S. Passport or U.S. Passport Card, Permanent Resident Card and the Employment Authorization Card.
Q. May I keep copies of the I-9 form itself?
A. No, you should not keep a copy of the I-9 form. Please see University Regulation 05.55.9.
Q. What happens when a temporary employee becomes permanent?
A. Under this scenario, a new I-9 does not need to be completed. If the employee is changing departments, the new department must verify the existence of a valid I-9 by asking the new employee if s/he is currently employed or if s/he has been employed on campus previously, and/or by checking the I-9 Code field on the Biographical Details page in the HR system. If the hiring department is unable to determine whether an I-9 and/or E-Verify has been completed for the employee, the hiring manager should contact HRIM or IE for assistance.
Q. What do I do when an international employee changes or extends immigration status?
A. Whenever an international employee changes or extends status, either a new I-9 should be completed, or Section 3 of the original Form I-9 should be completed. Whenever you receive e-mail from IE indicating that an international employee has changed status, or the status has been extended, please fill out a new I-9 for that employee and forward it to IE, or send the employee to IE so that an update of the original I-9 form can be complete.
Q. Can an employee hired to work out of state complete the I-9 in the other state?
A. When a new employee is hired and employed in another state, an I-9 may be completed by an agent designated by the University to complete the I-9 process for us, using the Offsite New Hire Instructions and Form. Once the I-9 is completed, the new employee should send it to HRIM, or to his/her department contact for forwarding to HRIM.
Q. In the E-Verify website Initial Verification section, the Social Security number is required. What do I put in the field if a newly hired foreign national has not received a Social Security card?
A. For international employees who do not have a Social Security card, you should complete the I-9 within the first three days of employment and then send the original I-9 form to IE. IE will update the I-9 once the person has received the new card, and will also complete the E-Verify process. Departments should NOT keep a copy of the I-9 form and/or make the E-Verify entry, because IE will be responsible for those E-Verify entries.
Q. When a student employee is changing departments, is an E-Verify entry required?
A. No re-verification is required unless the student employee is a foreign national whose previous work authorization has expired.
Q. When and how do I resolve a case in the E-Verify system?
A. Once the "Employment Authorized" message is received and the case details are printed, click "Close Case" button and answer the two final questions. The case remains in a pending ('open')status until these last two questions are answered. Once the employment is authorized and the case is completely closed out, no further action is required.
Q. What do I do when the employee's case receives a DHS tentative non-confirmation in the system?
A. When an employee receives a DHS tentative non-confirmation, please tell the employee to contact IE to schedule an appointment. IE staff will print out the DHS tentative nonconfirmation notice and referral letter, and will contact DHS with the employee to resolve the case.
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Q. What do I do when the employee's case receives a SSA tentative non-confirmation inquiry in the system?
A. When an employee's case receives a SSA tentative nonconfirmation, print out the tentative non-confirmation letter and provide it to the employee. The employee must check that s/he will either "contest" or "not contest" the non-confirmation information, and then sign the letter. If the employee chooses to "not contest" the non-confirmation, then it will automatically become a final non-confirmation, and we can terminate that employee. If the employee chooses to "contest" the tentative non-confirmation, you should then print and sign the SSA Referral letter, along with the employee. You should always keep all original, signed documents, but give the employees copies of everything. Once the referral notice has been printed and signed, the employee then has 8 federal government workdays to contact SSA (by telephone or in-person) to initiate a resolution of the issue. The employee should let you know when he/she contacts the SSA, so that you can monitor the case in the E-Verify system to see what action SSA ultimately takes on the case.
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Q. If the employee has been working but has not turned in his/her time sheet for several pay periods and has been auto-terminated, do we need to get a new I-9 and enter him/her into the E-Verify system?
A. You will not need to re-enter the employee in E-Verify if they have already previously been successfully entered into that system. You should contact HRIM so that we can verify that the current or old I-9 form is still accurate and valid and allows for continued work authorization. If it does, then a new I-9 form does not need to be done. If the employee is a foreign national whose work authorization has expired, then a new I-9 form will need to be redone.
Q. Is the begin date in the Initial Verification section the date that is on the I-9?
A. The begin employment date is the date the person actually began to work for the University.
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Q. Do we need to verify in the E-Verify system every rehire (paid employee) we have?
A. When you enter a new hire into the HR system, please view the I9 Code field on the Biographical Details panel to determine if there is a current I-9 on file. If the box is checked for either "I-9 and E-Verified" or "N/A - No work obligation", please do not complete an I-9 form. If the field is blank, complete an I-9 and E-Verify query and send them to HRIM.
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Q. If a foreign national or nationalized citizen only has one name, how do we enter it into the E-Verify system?
A. When a foreign national or nationalized citizen only has one name, enter "unknown" into the first name block and his/her name in the "last name" block. If s/he only has one initial for a first name, enter a period after the initial.
- Q. If the E-Verify query is made more than three days after the hire date, do I need to make a note of that on the I-9 form?
A. The E-Verify system will require you to explain (from a list of options) why the entry is being made more than three days after the hire date. If you are not sure which option to choose, please contact the International Employment Manager at 515-4518 before answering. You will also need to print the completed explanation screen and attach it to the I-9 form.
