I-9 Requirements and Compliance with Federal Law

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1 I-9 Requirements and Compliance with Federal Law We write to remind you of the importance of complying with federal law by ensuring that all new employees complete both parts of the I-9 form electronically within three days of the start date of their appointment. Federal law mandates that any new employee must complete their I-9 within the first three days of their appointment. The University processes all I-9's electronically utilizing everify. Key Roles and Responsibilities: Administrators are responsible to ensure that every new hire has completed their I-9 Form within three days of their appointment date. After three days, administrators must notify their financial service team to suspend or terminate all new hires that have not completed their I-9. Your Financial Service Team is available to assist in this endeavor. Department administrators are responsible for ensuring that all new employees (i.e. faculty, instructional staff, graduate assistants, student workers) complete Section 1 of the I-9 (online) prior to the start of their appointment and making sure they complete Section 2 within the first three days of their appointment start date. Completing Section 1 prior to their first day provides new staff with the list of acceptable documentation from which they are to choose to bring with them on days one, two, or three. Further, within the first three days of their appointment, the new employee must visit one of the financial service teams to complete Section 2 of the process during the first 3 days of their appointment. Federal law mandates that we not allow continued employment for anyone who has not completed their I-9 form within the first three days of their appointment. For those who do not complete their I-9 form within the first three days of their appointment, University administration has instructed us to suspend or terminate them (depending on the type of appointment) on day four; further, we have been instructed to not un-suspend or reappoint them until the I-9 work is completed. Please note that the suspension/termination could have significant impact to an employee's pay, benefits, and immigration status. Also, any I-9's that are completed after the third day must have a detailed explanation as to why the form is being processed late. In the event of an audit, this detailed explanation will be the University's only defense. It is the department's responsibility to initiate the suspensions or terminations. Your financial service team is available, upon request, to help in this endeavor, such as assisting in keeping track of who has not yet completed their I-9. Once the administrator has found that an I-9 was not completed by the third day of the appointment, the administrator must contact the senior accountant on the financial service team to inform the senior accountant to process the suspension or termination.

2 CLA wants to do all it can to avoid placing people in a suspend or termination status; therefore we ask that departments and fiscal teams work closely together to plan, anticipate, and communicate, so that no one is removed from payroll. Please communicate this message to your hiring managers, Directors of Graduate Studies, DGS assistants, and anyone else who needs this information. We fully realize that for some departments this will require a change in workflow and in how new staff are brought on board. It is a responsibility that we all share as we work to keep the University in compliance with this federal law. If you have any questions, please contact your unit service team lead or your HR representative. Thank you for your cooperation.

3 E-Verify I-9 Frequently Asked Questions (FAQ) Q1 How early can Section 1 be completed by my new hires? A1 Employee can complete Section 1 anytime before their first day or on their first day of their appointment. It is best to complete Section 1 before the first day of work, because it takes less time when completing Section 2 with the Service Team. Q2 Can my new hires complete Section 2 before their appointment start date? A2 No. The window in E-Verify does not "open" to complete Section 2 before the employee start date because it's integrated with E-verify and E-verify will not accept completion of Section 2 before the first day of work. This is because E-verify is not to be used to "pre-screen" an employee before their first day of work. Q3 Does my current staff need to complete their I-9? A3 I-9's are only required for new hires and re-verification as required by Federal regulations. Q4 How do I correct an incorrect start date? A4 If an employee enters an incorrect start date in Section 1, it can be changed by the I-9 Administrator (financial service team EAS) when completing Section 2. Q5 What if my employee chooses the wrong location in Section I? A5 If an employee chooses the wrong location in Section 1 of the I-9, the HRMS Call Center can correct it if the start date is "today" or plus three business days. Q6 What documentation should be brought in for the I-9 verification? A6 When employees complete Section 1 of the I-9, they are provided with a list of acceptable documentation from which they may choose to bring in order to complete Section 2. Employees may not be told what they should bring. Q7 Do I make photocopies of the documentation? A7 No, do not print or keep printouts of anything from the system. Keeping copies of any documents is prohibited. Q8 What about my employee who is overseas? A8 If an employee is overseas, and never on campus, no I-9 is needed. The I-9 is for employment in the US only. Q9 When are the "I-9 Days" for International Students? A9 I-9 Days at Donhowe for Foreign National Employees are August 31, September 2, September 8, and September 9. Q10 I am an international student without a Social Security Number; now what? A10 International students without a Social Security number must go to the Social Security Administration (SSA) to apply for a Social Security card. The SSA will issue a

4 receipt which should be brought to the appointment made with Central Payroll to complete the I-9. Q11 What about continuation of a foreign national appointment? A11 If an appointment is being continued for a foreign national, the I-9 must be reverified by Central Payroll if it has expired. Q12 Is an I-9 required for 956x (fellowship) positions? A12 Since students who hold fellowship appointments are not employees of the University, no I-9 form is required. However, if a student holds a 956x appointment concurrently with another appointment such as a TA or RA, then an I-9 is required. Also, if a student is appointed as a 956x one year, then a 9511 or a 9521 the next year, an I-9 must be completed when the 9511/9512 appointment begins. Q13 What about rehires? A13 Rehire language from the Office of Human Resources' "Form I-9 Regulations and Requirements" is as follows: "An employee who is rehired within (3) three years of the date of the original hire (date the original I-9 form was completed) does not have to complete a new I-9 form, as long the employee is still eligible to work on the same basis as previously indicated on the I-9 form." If it has been more than three years since an I-9 was completed, must a new one be completed? Per the above language, if it has been three years since original hire date, not since termination date, a new I-9 form must be completed. Q14 What if my employee does not complete Section 2 of their I-9 within the first three days of employment? A14 Federal law mandates that we not allow continued employment for anyone who has not completed their I-9 form within the first three days of their appointment. For those who do not complete their I-9 form within the first three days of their appointment, University administration has instructed us to suspend or terminate them (depending on the type of appointment) on day four; further we have been instructed to not un-suspend or reappoint them until the I-9 work is completed. Q15 Who is responsible for initiating the suspension or termination? A15 The department is responsible for providing the documentation required to suspend or terminate an employee based on the ineligibility to work. The department should work with the Service Team to complete the documentation. Q16 Will a suspension or termination due to not completing the I-9 have any implications to my new hire's benefits? A16 It is likely that the suspension/termination could have significant impact to an employee's pay, benefits, and immigration status.

5 Q17 How often is the HRMS system updated with the I-9 information? A17 The HRMS system is updated with I-9 information on Monday and Wednesday nights. It may be run more often in the Fall Semester. Q18 Are there any reports I can run to help track the I-9 status of my employees? A18 There are no reports that can be run by departments or the service team at this time. They are being considered. Central Payroll runs a report every two weeks which identifies employees who are not in compliance. Central Payroll cannot pay these employees until the I-9 is completed. Central Payroll will contact the department for resolution. Q19 Where can I find further information and training materials? A19 Information can be found on the Office of Human Resources website at: