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. A new hire is anyone who has not worked at NC State within the last 4 months. Any nonimmigrant whose work authorization is updated, extended, amended, or changed must fill out a new I-9, but does not need to comply with the E-Verify system. The old/original I-9 form must be retained, and the new I-9 should be attached to it.
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 International Employment (IE) in Human Resources, 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 Permanent Resident Card and the Employment Authorization Document. These are the only two 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 Permanent Resident Cards and Employment Authorization Documents. 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 Permanent Resident Card and the Employment Authorization Document.
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 in the last four months and if so, where. If the hiring department is unable to determine the completion date of the original I-9 to include in the I-9 field on the HR system action, the hiring manager should contact International Employment (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 International Employment, or to his/her department contact for forwarding to IE.
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 wait until the employee receives a Social Security number to complete the E-Verify process.
Q. When a student employee is changing departments, is an E-Verify entry required?
A. No re-verification is required unless there is a break in employment longer than four months.
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 "Resolve Case" and "Submit Resolve Case," then "Close" the case. The case remains in a pending status until it is resolved and closed. Once the employment is authorized, 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, print out the tentative non-confirmation notice and provide it to the employee. The employee should check that s/he will "contest" the non-confirmation and sign the form. Then inform the employee to contact IE to schedule an appointment. IE staff will print out the DHS referral letter to be signed and contact DHS 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 non-confirmation, print out the tentative non-confirmation letter and provide it to the employee. The employee will check that s/he will either "contest" or "not contest" the non-confirmation then sign the letter. If the employee chooses to "not contest" the non-confirmation, then it automatically becomes a final non-confirmation, and we must terminate that employee. If the employee chooses to "contest" the tentative non-confirmation, that employee should be sent to IE to get a Social Security Administration referral letter printed and signed. The Social Security Administration agency will sign the referral letter and resolve the case in the E-Verify system. IE or the department will need to see electronic or written confirmation that the discrepancy has been resolved and that employment is now authorized.
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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. If s/he returns within four months, s/he will not be required to complete a new I-9 and should not be put into the E-Verify system again.
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. If an employee leaves the university for more than four months and is rehired requiring that a new I-9 be done, that employee will need to be entered into the E-Verify system again.
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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.
