I-9 and E-Verify - Indiana University

Report
Employment Eligibility Verification
Requirements for Staff and
Temporary Employees
September 25, 2013
Laura Kress
University Director, HR Records and Information Management
Services
University Human Resources
Employment Eligibility Verification
Requirements
Two legal requirements:
Form I-9: Required by Department of Homeland
Security, U.S. Citizenship and Immigration
Services
E-Verify: Required by the state of Indiana
INDIANA UNIVERSITY
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Form I-9
• Form I-9 is a government requirement designed to
ensure that a person is legally eligible to work in
the United States.
• Federal law requires all NEW Employees to verify
eligibility to work in the U.S. within specified time
limits.
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Form I-9 – Who Needs One?
Any NEW Employee to the university who will be
working in the United States. This includes:
• U.S. Citizens
• Non-U.S. Citizens
INDIANA UNIVERSITY
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Form I-9 – Who Needs One?
Any employee re-hired after a break in service
(break in continuous employment) is considered
to be a NEW Employee
Examples:
• A Temporary employee separated on 10/9 and rehired
into a Staff position on 10/10: New Form I-9 is not
required
• A Temporary employee terminated on 5/5 and rehired
on 8/15: New Form I-9 is required
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Completing Form I-9 – Section 1
Hiring Unit is responsible for initiating the Form I-9
invite to the new employee in HireRight
• An invite cannot be initiated until an offer of
employment is accepted
Section 1 is completed by the New employee
• Must be completed by end of the first day of
employment
• Employee must stop working if Section 1 not
completed by end of first day of employment
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Completing Form I-9 – Section 2
•
•
•
•
•
Objective is to confirm Employee identity and
work eligibility
Completed by hiring unit
MUST be completed by 3rd business day after
hire date
Requires visual review of original unexpired
documents
Supervisors Must Stop Employee from
working if not completed by end of the 3rd
business day after hire date
INDIANA UNIVERSITY
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Completing Form I-9 – Section 2
Document Review
Employer Representative must review acceptable
original unexpired documents as presented by
employee
Must Review: 1 document from List A (ex – U.S. Passport)
OR
Must Review: 1 document from List B (ex - Driver’s license)
AND
1 document from List C (ex - SSN Card)
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E-Verify
•
The E-verify process is automatically triggered upon
completion of Form I-9.
•
E-Verify is an internet-based system that compares
information from the Form I-9 to Social Security
Administration and Department of Homeland Security
records.
•
Under Indiana Law, IU is required to confirm a new
employee’s work eligibility through the U.S.
Department of Homeland Security’s E-Verify system.
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Challenges
• Breaks in Service/Multiple Jobs
• Employee Active Job Lookup tool in OneStart
can help to confirm if employee has another
active job
• Units should be reviewing and following-up on
missing I-9 audit reports
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Challenges
• Retroactive Hire Processing
 Communicate to supervisors the importance of
these legal requirements
 Reminder: Form I-9 can be completed before
the employee’s start date (and can be done
remotely if necessary)
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Responsibilities and Risks
• Increased volume of audits by U.S.
Citizenship and Immigration Services
being conducted
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Responsibilities and Risks
•
IU Representatives are responsible for ensuring
the completion of Form I-9 and for running the
form through E-Verify for each employee they hire
in the U.S.
•
IU Representatives completing Section 2 of the
Form I-9 are personally certifying (under penalty
of perjury) the accuracy of their part of the
process.
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Responsibilities and Risks of
Non-Compliance – Fines and Penalties
•
Employers who fail to properly complete, retain, or
make I-9 Forms available for inspection: fines range
from $100 to $1,100 per individual I-9.
•
Supervisors who knowingly hire or knowingly continue
to employ unauthorized workers: civil penalties range
from $250 to $11,000 per violation.
•
Employers engaging in a pattern or practice of
knowingly hiring or continuing to employ unauthorized
workers: fines can be as much as $3,000 per
employee and/or 6 months of imprisonment.
INDIANA UNIVERSITY
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Form I-9 – Requirements, one last reminder!
• Form I-9/E-Verify must be completed for each NEW
employee at Indiana University
• Section 1: must be completed by the end of the first day of
employment for employees who work in the U.S.
Supervisors must stop an employee from working after the
first work day, if Section 1 is not completed.
• Section 2: must be completed within three business days of
the employment date for employees who work in the U.S.
Supervisors must stop an employee from working after the
third work day if Section 2 is not completed.
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Questions?
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