Employment Eligibility Verification Requirements for Staff and Temporary Employees September 25, 2013 Laura Kress University Director, HR Records and Information.

Employment Eligibility Verification

Requirements for Staff and Temporary Employees

September 25, 2013

Laura KressUniversity Director, HR Records and Information

Management ServicesUniversity Human Resources

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Employment Eligibility Verification Requirements

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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

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Form I-9

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• 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?

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Any NEW Employee to the university who will be working in the United States. This includes:

• U.S. Citizens

• Non-U.S. Citizens

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Form I-9 – Who Needs One?

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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

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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

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• 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

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Completing Form I-9 – Section 2

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Document ReviewEmployer 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

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• 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

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• 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

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• 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

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• Increased volume of audits by U.S. Citizenship and Immigration Services being conducted

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Responsibilities and Risks

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• 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

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• 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.

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Form I-9 – Requirements, one last reminder!

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• 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?