UCR

UCR Policies and Procedures

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Campus Policy Number:                650-28
Policy Topic:                                   Employment Eligibility (Form I-9)
Policy Owner:                                 Human Resources

Effective Date:                                01/03/2017

 

 

I.        RELATED DOCUMENTS/RESOURCES

A.    Form I-9 (Expires 08/31/2019)

B.    Handbook for Employers (M-274) (Revision 04/30/13)

C.   Immigration Reform and Control Act of 1986 (IRCA)

D.   Remote Hire Notary Notice Form & Instructions

E.    State Oath of Allegiance & Patent Form (UPAY585)

F.    USCIS List of Acceptable Documents

 

II.        BACKGROUND

All U.S. employers, including the University of California (UC), may only hire individuals who are legally able to work in the United States and must complete and retain a Form I-9 for each individual hired for employment in the United States. This includes citizens and noncitizens. Departmental and campus transfers are not subject to verification unless there has been a break in service. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the document information on the Form I-9.

 

III.        DEFINITIONS

A.    Employee Designated to Conduct Form I-9 Verification: Employee is required to attest, under penalty of perjury, that, to the best of his/her knowledge, the individual hired is authorized to work in the United States, and that any documents presented appear to be genuine and relate to that individual.

B.    Notary Public: An individual legally empowered to witness signatures and certify a document's validity.

C.   Remotely Hired Employee: New employee who will not be physically coming to the campus to complete new hire paperwork prior to beginning work.

 

IV.        PROCEDURES

A.    Department

1.    Acts as the office of record, with responsibility for retaining all Form I-9 related documents.

2.    Designates a department employee to conduct Form I-9 verifications.

3.    Ensures employee designated to conduct Form I-9 verifications understands eligibility requirements and verification process. 

4.    Establishes verification process to ensure verifications are completed within three* business days of hire.

* The three business day I-9 completion date requirement is triggered by pay or work. Therefore, if an individual is appointed to a position and does not conduct work or receive pay, the three business day requirement is extended to within three business days of the first day work occurs or the first pay date. Payroll should be contacted in these instances, as they are considered exceptions and an additional payroll entry is required. Academic Personnel should be contacted regarding faculty retroactive appointments (APM 200-24b). 

5.    Takes action to discontinue employment of an employee who cannot provide proof of current work authorization, consulting with Employee & Labor Relations as needed.

B.    Employee

1.    Completes Section One (1) of Form I-9 in its entirety at the time of hire.

2.    Presents original document(s) that establish identity and employment eligibility within three business days of the date employment begins.

a.    Some documents establish both identity and employment eligibility (List A). Other documents establish identity only (List B) or employment eligibility only (List C).

b.    Employee must specify which documents will be presented from the lists of acceptable documents.

c.    If an employee is unable to present a required document, the employee must present an acceptable receipt in lieu of a document noted on the “Lists of Acceptable Documents.”

i.      Employee must present valid replacement documents within 90 days of the date of hire.

ii.     Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization is not acceptable.

C.   Employee Designated to Conduct Form I-9 Verification

1.    New Hire

a.    Ensures employee has fully and properly completed Section One (1) of the Form I-9;

b.    Examines the original, non-laminated document(s) presented by the employee to ensure they are not expired and that they appear to be reasonably genuine (Do not accept expired documents for identification or employment authorization.).

·       Contacts Human Resources for assistance if an employee presents a receipt in lieu of a document from the List of Acceptable Documents. The following receipts may be acceptable:

o   A receipt showing that the employee applied to replace a document that was lost, stolen or damaged

o   The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual

o   Departure portion of Form I-94/I-94A with a refugee admission stamp

c.    Completes Section Two (2), including the:

i.      Document Title;

ii.     Issuing Authority;

iii.    Document Number and expiration date (if any); and

iv.   Signature and date

d.    Must not specify which document(s) an employee can present.

e.    Must not backdate the I-9 under any circumstances.

f.     Reviews and attests, under penalty of perjury, that to the best of his/her knowledge, the individual hired is authorized to work in the United States.

g.    Makes note of the expiration date of documents subject to re-verification (e.g., List A and C documents with an expiration date noted, except for U.S. passports and Permanent Resident Cards) to ensure re-verification is completed prior to the expiration date.

2.    Re-verification—Expiration of Work Authorization Documents

·         Re-verifies the employee’s employment eligibility, prior to expiration date, by confirming the work authorization document is current. Section three (3) of Form I-9 can be used for this process.

3.    Re-verificationRehire

a.    Uses the employee’s original Form I-9 to document the rehire of an employee who has previously completed a Form I-9 and is rehired, if the employee is:

i.      Rehired within three (3) years of the initial date of hire; and

ii.     Still eligible to work on the same basis as when the original Form I-9 was completed

b.    Uses a new form by writing the employee's name in Section One (1), completing Section Three (3), and retaining the new form with the original.

4.    Remote Hire

·         Verifies Form I-9 processing, as well as the processing of the State Oath of Allegiance & Patent Form , which must be conducted by a Notary Public.

Note: California Notaries who are not qualified and bonded as immigration consultants under the Business and Professions Code Sections 22440-22449, may not complete or make the certification on Form I-9, even in a non-notarial capacity.

i.      Completes the Remote Hire Notary Notice Form in its entirety.

ii.     Provides the completed Remote Hire Notary Notice Form & Instructions and the List of Acceptable Documents to the employee or sends it directly to the Notary Public.

iii.    Requests that Form I-9 paperwork is completed and signed in the same manner as if the employee was hired at the campus site.

iv.   Requests that all forms and the Remote Hire Notary Notice be returned to the hiring department.

D.   Record Retention

1.    Form I-9: Retain the completed Form I-9 in the employee’s personnel file for three years after the date employment begins or one year after the person’s employment is terminated, whichever is later.

2.    Form I-9 Supporting Documentation:  Determine whether the departmental practice will be to return all supporting documents to the employee or retain the supporting documents. If the practice is to retain supporting documents:

a.    Retain with the associated Form I-9; and

b.    Practice must extend to all employees in the department, regardless of national origin or citizenship status.