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Form I-9 Process An Online Training for Supervisors and Designees Presented by Human Resources Revised November 2009 Objectives Upon completion of this training the participant will Be able to complete a Form I-9 Be aware of penalties associated with noncompliance Be familiar with UA’s compliance with the IRCA Understand what is expected of the employee Understand the supervisor’s scope of responsibilities Know what steps are involved to update or verify information on a Form I-9 Background On November 6, 1986, the Immigration Reform and Control Act of 1986 (IRCA) became law and thereby created new obligations for all employers to obtain and keep verification of each new employee’s identity and employment eligibility. The intent of the Act is to gain control of the immigration process (through use of the employment process). UA’s Compliance with IRCA Regardless of a new employee’s nationality, the University must: Ensure that the new employee completes Form I-9 by date of hire (on or before 1st day of employment) Check and verify the identity and employment eligibility of the new employee within the first 3 days of the individual’s employment Retain the original Form I-9 document for 3 years after the date the employee begins work, or 1 year after the person’s employment is terminated, whichever is later Update or re-verify Form I-9s that contain work authorization data with expiration dates Make all Form I-9s available for inspection by officials of the U.S. Immigration and Customs Enforcement, Department of Labor and Office of Special Counsel for Immigration Related Unfair Employment Practices upon request Failure to properly complete, retain, and/or make the form available for inspection could result in civil penalties not less than $100 and up to $1,000. Employees Covered All employees (full-time, part-time, regular and temporary) hired on/or after November 6, 1986 at The University of Akron, are required to have a current Form I-9 on file. Individuals designated as “employee” in this training: • Faculty • Contract Professionals • Staff (classified, unclassified and bargaining unit) • Graduate Assistants • Student Employees Form I-9 Form I-9 consists of three sections: • Section 1 – Employee information and verification • Section 2 – Employer review and verification • Section 3 – Updating and reverification Form I-9: Section 1 The employee is responsible for completing Section 1. This section of the form must be completed no later than first day of employment after the offer of employment has been accepted. The employee must read all notices on the form, attest to his or her citizenship or immigration status, sign and date, then submit the form to the immediate supervisor or designated UA representative. Form I-9: Section 1 The supervisor or designee should review Section 1 to ensure that the employee has properly completed his/her portion of the form. Alien # or Admission # and expiration date needed if third or fourth box is checked Employee signature and date required Form I-9: Section 2 Section 2 must be completed within 3 business days from the date employment begins. Failure to fully complete this form by the 3rd day of employment will result in termination of the employee. The employee must present to the supervisor or UA designee documents that establish his/her identity and employment authorization. Only original documents can be accepted from the employee. The only exception is the employee may present a certified copy of a birth certificate. Form I-9: Section 2 Upon receipt of the documentation, the supervisor or designee should compare the documents to the List of Acceptable Documents to determine which establish identity and employment eligibility. Important -- The supervisor or UA designee is responsible for examining the document(s) presented by the new employee then filling in the required information on the form in Section 2. Student employees and graduate assistants should not be given the responsibility of verifying documentation or completing Form I-9s. Form I-9: Section 2 Compare the documents to the Lists of Acceptable Documents to determine which establish identity and employment eligibility. Form I-9: Section 2 Employers CANNOT specify which document(s) they will accept from a new employee. Employers CANNOT refuse to accept a document(s) that reasonably appears to be genuine and to relate to the person presenting the document(s). To do so could be an unfair immigration-related employment practice. Information from the document(s) must be written onto the I-9 Form. Do NOT attach copies for Human Resources to complete Section 2. Form I-9: Section 2 Ensure that document title, issuing authority and document # are recorded in the appropriate spaces. Do not use white out on the form! If you make a mistake, cross out the error, date it and initial it. Re-verification of Form I-9 If the employee’s work authorization is approaching expiration, he or she will need to re-verify employment eligibility by providing additional documentation. An HR Representative will contact the employee prior to the employee’s expired work authorization date to set up a date and time for the employee to re-verify information. Re-verification versus New Form Re-verification: refers to reconfirming an employee’s proof of extended work authorization using a previously completed form. Also complete part A. if name has changed at the time form is being re-verified. Re-verification versus New Form A New Form I-9 will need to be completed by the employee if one or more of the following situations occur: • The employee changes employment status (i.e., student assistant to full-time staff employee, graduate assistant to part-time faculty, etc.) Call Megan Richardson at x4910 if you have questions. • The original Form I-9 on file in Human Resources was previously re-verified. Where to Obtain a Blank Form Paper Copy – • It is the University of Akron’s practice to include a copy of Form I-9, Lists of Acceptable Documents, and Instruction sheet as part of the “offer letter packet” sent to faculty, contract professionals and staff employees. Electronic Version – • on Human Resources’ web site at http://www.uakron.edu/hr/HRInfoServs.php • as part of the Online Employee Orientation Packet for parttime employees at http://www.uakron.edu/hr/ptpackets.php Distribution & Filing Requirements It is the responsibility of the immediate supervisor or designee to ensure that the original Form I-9 is forwarded to the appropriate department for filing. Distribution & Filing Requirements Faculty, Staff, and Contract Professionals: Form I-9s must be forwarded to Human Resources Information Services for filing and maintaining. – Campus Mail: Human Resources +4730 – Hand Deliver: HR, Administrative Services Building Room 130 For questions contact: (330) 972-4910 Distribution & Filing Requirements Graduate Assistants: Completed original Form I-9s must be attached to the Acceptance Agreement and Appointment Form then forwarded to the Graduate School for filing and maintaining. Student Employees: Completed original Form I-9s must be attached to the Student Employment Form then forwarded to the Student Employment Office for filing and maintaining. About E-Verify WHAT IS IT? • E-verify is a free internet system that compares information contained on the Form I-9 with records contained in the Social Security Administration (SSA) and Department of Homeland Security (DHS) databases to help employers verify the identity and employment eligibility of newly hired employees. WHO IS AFFECTED? • Institutions of higher education are required to cover only those employees directly working on federal contracts to determine if the employees are authorized to legally work in the United States. This includes both new and existing employees directly working on federal contracts. CAN AN EMPLOYEE WORK DURING THE E-VERIFY PROCESS? • Affected employees are permitted to work during the E-Verify process. E-Verify: The Process HOW DOES THE PROCESS WORK AT UA? • The Office of Research Services & Sponsored Programs will email Human Resources Information Services (HRIS) a “Notice of Award” form noting that E-Verification is required. • The Principal Investigator/Project Director will: • forward names of the affected individuals to HRIS. • refer all new and existing employees directly working on a federal contract to HRIS. • New employees will complete the Form I-9 in the presence of an HRIS representative within 3 days of employment. • Existing employees assigned to the contract will be verified within 90 days of the award date of the contract. • An HR Representative will access the E-Verify system to verify employment eligibility of the new and existing employees assigned to the contract. WHAT IF E-Verify RESULTS SHOW A NON-CONFIRMATION? • An employee who does not appeal a “non-confirmation” notice from the E-Verification results will be subject to immediate termination of employment. Got More Questions? Visit the following websites at: • http://www.uscis.gov/files/nativedocuments/m-274.pdf • http://www.dhs.gov/E-Verify Call Human Resources (Megan Richardson, x4910)