50.04 - Verifying Employment Eligibility for New Employees

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Last updated: July 1, 2020

A. General. The Immigration Reform and Control Act of 1986 requires the University to certify employment eligibility. New employees are required to visit Human Resources as soon as possible after acceptance of an official job offer, but no later than the first day of employment. Alternative arrangements for off-site locations will be provided. [rev. 2-08, 7-20]

B. Legal Requirements.

B-1. 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]

B-2. Form I-9 must be completed by the employee on or before the first day of employment, otherwise the UI could be liable for fines of $1000 or more per employee. The employee must report to HR on the first day of employment, or to an HR approved representative to complete I-9. The University of Idaho uses E-verify to verify eligibility to work in the United States and follows the rules and regulations as outlined. The University will follow Federal requirements and processes to verify eligibility with the use of M-274 Handbook for Employers: Guidance for Completing Form I-9. Employees are required to provide original documents described by Form I-9 for the purpose of establishing identity and employment authorization. [add. 7-20]

C. Procedures.

C-1. Offer Letters. The approved offer letter for staff are found on the HR web page and include the appropriate contingent language. The approved offer letters for faculty are obtained from the Office of the Provost. [rev. 7-20]

C-2. Initial Verification. On the new employee's first day at work the department, the supervisor must ensure that a new employee goes to HR to complete Form I-9 verification. [ed. 2-08, rev. 7-20]

a. Exception for 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, HR-designated authorized I-9 representatives at those locations are required to complete the Form I-9 verification for new employees. [rev. 7-20]

1. The HR-designated authorized I-9 representative must obtain and immediately fax Form I-9 along with any required documentation and other new employee documents to HR at (208) 885-3602. [rev. 2-08, 7-20]

2. Once confirmation is received from HR, the HR-designated authorized I-9 representative must mail the original Form I-9 along with any required documentation and other original new employee documents 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, 7-20]

3. The HR-designated authorized I-9 representative may contact HR for assistance in establishing consistent procedures for processing new employees. [rev. 7-20]

b. Within the required timeframe:

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

2. 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 suspended immediately and handled as per federal law. [ed. 2-08, rev. 7-20]

3. 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 and handled as per federal law. [add. 2-08, rev. 7-20]

4. 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 as per federal law. [rev. 7-20]

C-3. 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.

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