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I-9 FORM

 


The University is required to comply with Federal regulations with all new employees. The employee must provide original documentation of eligibility to work in the United States no later than 3 days after beginning work at this University. Failure to comply with these federal regulations will immediately terminate any employment with the University. Part-time or temporary employees may be required to recertify their I-9 applications.

 

Why is it so important for the Employment Eligibility Verification (I-9) to be completed properly?

All employers are required to verify that each employee hired after 1988 is eligible to work in the United States. There are fines ranging from $250 to $10,000 for each unauthorized alien and a maximum 6-month prison sentence if violator demonstrates a persistent pattern of hiring unauthorized aliens.

Failure to comply with the Form I-9 requirements: Employers who fail to properly complete, retain, and/or make available for inspection Form I-9 as required by law may face civil money penalties of not less than $100 and not more than $1000 for each employee for whom the Form I-9 was not properly completed, retained, and/or made available.


We recommend that when sending out a letter to a new adjunct faculty member to include a statement as to what they should bring to properly complete the new hire paperwork and to include the list of acceptable documents for the I-9.

The statement that is currently used in the Human Resources Office is:

<<GPS person to meet with the new Adjunct Faculty member>> invites you to meet with <<him/her>> in the <<Place and time>> for your New Hire Orientation. This will last approximately <<length of time>> minutes. Please bring the documentation for the I-9 form, which is described, in the enclosed document and a blank check or deposit slip marked VOID for your direct deposit authorization

Frequently Asked Questions About Employment Eligibility  (from the US DOL website)
 

Do citizens and nationals of the U. S. need to prove, to their employers, they are eligible to work? Yes. While citizens and nationals of the U.S. are automatically eligible for employment, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Citizens of the U.S. include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island.

Do I need to complete a Form I-9 for everyone who applies for a job with my company? No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is "hired" when he or she begins to work for you for wages or other compensation.

I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is "remuneration"? Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.

Can I fire an employee who fails to produce the required document(s) within three (3) business days? Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

What happens if I properly complete a Form I-9 and the INS discovers that my employee is not actually authorized to work? You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.

What is my responsibility concerning the authenticity of document(s) presented to me? You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local INS office for assistance. To get the address and telephone number of the INS office nearest you, please click the INS district office directory.

May I accept a photocopy of a document presented by an employee? No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.