HR-26: EMPLOYMENT ELIGIBILITY VERIFICATION 

Formerly “Immigration Reform and Control Act of 1986”

Purpose

To comply with the employment verification provisions of the Immigration and Nationality Act, 8 U.S.C. § 1324a.

Scope

This policy applies to all employees.

Authority

Office of the Vice Chancellor for Academic Affairs and Provost

Policy

The campus shall comply with its obligations under the employment eligibility verification provisions first added to the Immigration and Nationality Act via the Immigration Reform and Control Act of 1986. Meeting these obligations includes verifying employment authorization and identity for all employees hired after November 6, 1986 through the completion of an Employment Eligibility Verification Form I-9.

Exceptions

The following groups are exempt from the requirement of completing a Form I-9:

• Employees hired on or before November 6, 1986 who have not had a separation from the University;
• Individuals with only Graduate or Postdoc Fellowship appointments;
• Unpaid Affiliates (UA/UA in the job/employee e-class); and
• Employees working solely outside of the United States.

Definitions

Separation

Complete termination of employment from the University, and the individual’s employee status is reflected as terminated in the campus human resources information system.

Processes/Procedures/Guidelines

Both the employee and the employer must complete the Employment Eligibility Verification Form I-9. The University uses an electronic system for the processing of Form I-9s. An appropriate unit representative must ensure that the employee completes Section 1 of the Form I-9 no later than the first day employment begins. The appropriate unit representative (or appropriate University designee) must complete Section 2 of the Form I-9 on or before the employee’s third day of employment as defined by the U.S. government (for example, if the employee begins employment on Monday, Section 2 must be completed by Thursday), or by the end of the first day of employment if the employee is hired for three days or less. For completion of Section 2, the employee must present original, unexpired documents (or acceptable receipt) that show the employee’s identity and work authorization within three business days of the date employment begins or by the end of the first day of employment for individuals hired for three days or less. The U.S. Citizenship and Immigration Services (“USCIS”) provides the following Lists of Acceptable Documents that an employee may submit as evidence of identity and authorization to work: http://www.uscis.gov/i-9-central/acceptable-documents. The unit representative cannot specify which document(s) an employee must present. The unit representative should determine whether the documentation appears to be reasonably genuine and relates to the person presenting it. The unit representative cannot certify employment eligibility by signing the Form I-9 unless the employee presents the original documents to the unit representative.

Reverification (pertains to only non-U.S. citizens)

A Form I-9 to re-verify an active non-U.S. citizen employee’s authorization to continue to work must be completed

1. on or before the expiration of the existing work authorization; or
2. on or before the employee’s date of reappointment/new appointment if the work authorization has expired during a break in service between the prior appointment and the reappointment/new appointment.

Rehire

If a person is rehired after a separation of employment from the University, a new Form I-9 must be completed. Updates to a previous Form I-9 are unacceptable.

Contact

For questions about this policy applying to academic employees, contact Academic Human Resources, at (217) 333-6747. For questions about this policy applying to Civil Service employees, contact Staff Human Resources, at (217) 333-3105.