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3070 - Employment Procedures to Comply with Immigration and Naturalization Laws

Last updated: January 01, 2017

PREAMBLE: This section outlines procedures by which UI complies with immigration and naturalization laws. This section appeared in the 1979 Handbook and has been revised from time to time since so as to keep it abreast of current federal regulations. Further information may be obtained from Human Resources (208-885-3638). (ed. 7-97, 1-06, 1-17)

A. POLICY. It is UI's policy to comply fully with the requirement of the United States Citizenship and Immigration Service that all employers complete a copy of Form I-9 for each employee hired after November 6, 1986 (and for employees initially hired before that date who have been terminated and rehired). (ed. 1-06)

B. PROCEDURES.

B-1. Each person being hired (faculty, staff, and students, including those on work study) completes and signs part 1 of Form I-9. The employer, after examining one document from list A (see copy of form on pages 2 and 3) or one document from list B and one from list C, completes and signs part 2 of the form. The Human Resources Office (HR) is responsible for this procedure except for employees identified in B-2. (ed. 1-17)

B-2. The HR designated authorized representative at the place of employment completes and signs the form for employees hired off-campus. The representative forwards the original, along with any other required paperwork, to the Human Resources Office. Any copy is to be destroyed upon verification of the receipt of the original by the Human Resources Office. (rev. 1-06, 1-17)

B-3. Section 1 of the Form I-9 must be completed on the first day of work. Section 2 of the Form I-9 must be completed within three days of hiring (or, in the case of hiring for less than three days, before the end of the first day of work). If it cannot be completed within the required time, employment of that person must be terminated. (rev. 1-06)

B-4. No employee is to be paid by sight draft or through the UI payroll system until the Form I-9 has been completed. (rev. 1-17)

B-5. It is important that prospective employees be advised to view the list of acceptable documents so they are able to complete the Form I-9 within the required time. (rev. 1-06)

B-6. The employer must examine the original document(s) in the physical presence of the employee, and if the documents reasonably appear on their face to be genuine and to relate to the person presenting them, the employer must accept them. To do otherwise could be an unfair immigration-related employment practice. If the document(s) do not reasonably appear on their face to be genuine or to relate to the person presenting them, or if they are expired, the employer must not accept them. (rev. 1-17)

B-7. The employer must keep an employee's Form I-9 three years after his or her initial employment or one year after the employment is terminated, whichever is later. (rev. 1-06)

(Please see the U.S. Citizenship and Immigration Service website at www.uscis.gov for the official form.) (rev. 1-06)


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