50.04 - Verifying Employment Eligibility for New Employees

Last updated February 15, 2008

A. General. The Immigration Reform and Control Act of 1986 requires the University to certify employment eligibility for new employees within 3 days of hire date. Because the certification process is combined with other new employee orientation procedures, including benefits enrollment, it is important that new employees attend orientation or visit Human Resources as soon as possible after hiring--preferably on the first day at work. Additionally, by executive order Governor Otter requires Idaho educational institutions to use the Employment Eligibility Verification Pilot Program, E-Verify, to verify employment eligibility of new employees. [rev. 2-08]

A-1. Legal Requirements.

i) Form I-9 Actions Required and Effective Date. The University of Idaho must verify identity and confirm eligibility to work in the United States for all employees hired after November 6, 1986, using the United States Citizenship and Immigration Services (USCIS) (formerly INS) Form I-9. [ed. 2-08]

ii) E-Verify Actions Required and Effective Date. The University of Idaho must verify identity and confirm eligibility to work in the United States for all new employees hired after January 28, 2008, using the E-Verify program provided by United States Citizenship and Immigration Services in partnership with the Social Security Administration. [add. 2-08]

iii) Form I-9 Required. The UI is required to maintain a valid Form I-9 on file for every employee currently on the payroll who was hired after November 6, 1986, and for a minimum of three years after such employees are hired or one year after the employee terminates employment, whichever is greater. [ren. & ed. 2-08]

iv) Proof of Verification Required. For every employee currently on the payroll whose identity and work eligibility was verified after January 27, 2008, the University of Idaho is required to keep with the completed Form I-9 the verification number provided by E-Verify. [add. 2-08]

v) Form I-9 Timing. Section 1 of the Form I-9 must be completed by the employee on or by the first day of work. Section 2 of the Form I-9 is required to be correctly completed within three days of the first day of work. BOTH Sections 1 and 2 of the Form I-9 must be completed on the first day of work IF the employee is expected to work less than three days. [ren. & ed. 2-08]

vi) E-Verify Timing. The E-Verify process must be initiated within three business days of the first day of work. The University must contact the employee as soon as possible to provide the employee an opportunity to contest a Tentative Non-confirmation. In the case of a Tentative Non-confirmation, the employee has eight Federal Government workdays from the date of referral to resolve the issue. The employee will not suffer any negative consequences during this process. [add. 2-08]

vii) Re-verification. The Form I-9 is required to be re-verified under three conditions. Specifically, (1) an employee changes his or her name; or (2) the employee's work authorization is about to expire (usually occurs when renewed documents or status changes are issued by the USCIS), or (3) the employee has had a break in service, and the Form I-9 is three years old or older. The E-Verify process cannot be used to re-verify the Form I-9. [ren. & rev. 2-08]

viii) Audit and Sanctions for Non-Compliance. The UI is subject to USCIS audit for compliance with this act, and the following sanctions for non-compliance: [ren. 2-08]

a) Penalties for non-compliance range from $100 per incorrectly completed form; for technical violations up to $2,000 per unauthorized worker (for the first violation).

b) An employer who fails to complete a valid Form I-9 within three days from the time a new employee begins work, and continues to employ that employee, is subject to fines up to $5,000 for the second violation, and up to $10,000 per violation for subsequent violations. [ed. 2-08]

B. Process.

B-1. Verifying identity and eligibility to work, and completing tax and benefit forms is necessary to process payroll payments for all university employees.

B-2. Sign-up for all board-appointed employees (faculty and staff) is done through New Employee Registration Benefit Orientation (NERBO) presented by Benefit Services in Human Resources (HR). Sign-up for all other employees can be done during regular University business hours at HR [See 50.31].

i) For new employees, such as new faculty, who are appointed several weeks or months in advance of the date they are expected to report for work, processing can be accomplished by mail.

C. Procedures.

C-1. All Employees:

i) Prior to a new board appointed employee's first day at work the administrator extending an offer of employment (or designee):

a) Includes the following language in every letter of offer to a prospective employee: "This appointment is conditional upon satisfactory verification of eligibility to work in the United States through correct completion and submittal of United States Citizenship and Immigration Service I-9 Form to the University of Idaho by the end of the third day on which you perform services for the University." Additionally, the new employee should be directed to visit HR Website for documents and information needed to successfully complete the orientation paperwork.

b) Arranges for the new employee to begin work on Monday (unless the appointment coincides with the beginning of the fiscal year or a different day is required pursuant to the terms and conditions of a grant or contract, or Monday is a holiday).

c) Schedules new board appointed employees to attend New Employee Registration and Benefit Orientation (NERBO) within three days of beginning work. Orientations are held every Monday beginning at 8:30 a.m. at Human Resources.

ii) On the new employee's first day at work the department:

a) Ensures that a new board appointed employee attends the New Employee Registration and Benefits Orientation (NERBO) on the first Monday at work, so that the employee has the opportunity to become informed about applicable UI fringe benefits, complete benefit registration forms and complete Form I-9 verification. [ed. 2-08]

(i) Exception. Off-campus Employees. Because it is not practical for employees working in locations other than Moscow to travel to Moscow on their first day at work, administrators at those locations are responsible to complete the following employment processing procedures for new employees:

(a) Provide new employee orientation, if applicable. Obtain and immediately fax Form I-9, Form W-4, Social Security card, Visa, passport and other benefits documents to HR (208) 885-3602. [rev. 2-08]

(b) Mail the original Form I-9, verification number, and Form W-4 to HR the same day. Retain a copy of Form I-9 only until receiving confirmation that the original was received by HR. Destroy all copies using proper procedure to protect confidential employee information. [rev. 2-08]

(c) Contact HR for assistance in establishing consistent procedures for processing new employees.

iii) Within three days of a new employee's first day at work:

a) HR will verify that identification and employment eligibility have been appropriately documented and a valid Form I-9 is on file. [ed. 2-08]

b) If a valid Form I-9 is not on file at HR by the close of the third business day after the employee begins work, the hiring administrator must inform the employee that employment must be terminated immediately. [ed. 2-08]

c) If after following all E-Verify procedures, identity and work eligibility has not been confirmed, the hiring administrator must inform the employee that employment will be immediately terminated. [add. 2-08]

d) It is the responsibility of the hiring administrator to ensure an EPAF is entered to effect the appointment and termination, if necessary. In the event of termination, the hiring administrator must immediately inform the employee that employment is being terminated due to failure to present verification of eligibility to work in the United States. [ren. 2-08]

iv) Ongoing monitoring.

a) Employees whose initial Form I-9 documentation was valid for a specified period of time are responsible for re-verifying their employment eligibility. HR will monitor continued employment eligibility status for such employees. [ed. 2-08]

b) If employees with temporary employment eligibility do not re-verify eligibility, HR will immediately notify the departmental administrator.

c) Once notified, it is the departmental administrator’s responsibility to terminate employment of employees whose status changes from "eligible to work" in the United States to "ineligible to work" and immediately inform the employee of that action.

D. Information. Call Employment Services at (208) 885-3728 for additional information regarding employment verification requirements for new employees.

D-1. Penalties for Non-compliance. Pursuant to the principle that accountability follows responsibility, financial responsibility for any penalties assessed against the University for non-compliance with the Immigration Reform and Control Act of 1986, which result from failure to adhere to these procedures, lies with the management unit responsible for the action which led to the violation.

D-2. Procedures May Change. These procedures may change. Changes are announced by HR as necessary.