PER-1.09 May 1, 1992 Immigration Reform and Control Employment Eligibility/Verification Procedures

I. POLICY AND/OR OBJECTIVE

The Immigration Reform and Control Act of 1986 (IRCA) requires the university to document the fact that any employee hired after November 6 1986, is legitimately authorized to work in the United States. This act also prohibits the university from discriminating against potential employees on the basis of nationality.  
All new University of Louisville employees must provide proof of identity and eligibility to work.

II. IDENTIFICATION AND EMPLOYMENT REQUIREMENTS

The IRCA requires the university to maintain paperwork affirming that all new employees hired have presented proof that they are eligible for employment in the United States. The employee is required to check certain documents relating to identity and work authorization and maintain on file a new Employment Eligibility Verification, (INS I-9 Form), and must certify his or her status as either a citizen or an authorized alien on or before date of employment. If the employee does not produce the required documents prior to the first day of work, he or she must produce them no later than three working days after the employee's date of employment. If an employee who is hired for three or more days is unable to provide the document(s) within the required time period, the employee can still satisfy the requirements by presenting to the employer a receipt showing application for the document(s) within three working days of appointment, as long as the document(s) are then presented within 21 days of the date of employment by the employing unit. Civil fines may be levied for failure to maintain required records; civil and criminal penalities may be levied for employing illegal aliens.

III. PROCEDURE

1. All new university employees must complete the I-9 Form*, Section #1, prior to the effective date of their employment and submit acceptable documents which establish both identity and employment authorization. (See IV. below.)
  
2. The completion of Section #1 of the form is the responsibility of the employee. The employing unit must have this section completed before the effective date of the appointment.
  
3. The employing unit must have Section #2 of the I-9 Form completed within three working days and forwarded to Employee Service Center, along with appropriate eligibility documents and the Payroll Action Form (PAF) for payroll processing. Temporary and student employees will continue to be processed through the Payroll Department's Initial Employment Packet. 
 
4. An employee will not be processed for payroll purposes until the completed I-9 Form is filed with the Payroll Office. Incomplete I-9 Forms or attached documentation which do not comply with these guidelines will be returned to the employing unit for compliance.
  
5. When an employee provides the employing unit with a receipt showing the employee has applied for a document evidencing their eligibility, the employing unit records the document title in Section 2 of the I-9 Form, and writes the word "receipt" and any document number in the "Document #" space. The employee must present the actual document within 90 days of the date employment begins. At that time the unit or office should cross out the word "receipt" and any document #, insert the number from the actual document presented, and initial and date the change.

IV. ACCEPTABLE DOCUMENTS FOR IMMIGRATION FORM I-9

1. For establishing identity only, an employee may use:
   1. a state-issued driver's license or identification card containing a photograph, or, if the document contains no photograph, identifying information such as name, date of birth, sex, height, color of eyes, and address; or
     
   2. a U.S. military identification card or draft record; or
    
   3. a school identification card with photograph; or
     
   4. a voter's registration card; or
    
   5. an identification card issue by a federal, state, or local government agency or entity; or 
    
   6. a military dependent's identification card; or 
    
   7. a Native American tribal document; or 
    
   8. a driver's license issued by a Canadian government authority.
      
      
   If such a document is relied upon, the employer must also inspect a document establishing employment eligibility, listed in IV.B. below.



2. For establishing employment eligibility only, an employee may use:
   1. a Social Security Card; or
    
   2. an original or certified copy of birth certificate issued by a state; or
     
   3. an unexpired Re-entry Permit, INS Form I-327; or
    
   4. an expired Refugee Travel document, INS Form I-571; or
    
   5. a Certification of Birth issued by the Department of State, Form FS-545, or a Certificate of Birth abroad issued by Department of State, Form DS-1350; or
     
   6. an employment authorization document issued by the Immigration and Naturalization Service; or
     
   7. a Native American Tribal document; or
    
   8. a United States Citizen Identification Card, INS Form I-197; or
    
   9. an identification card for the use of Resident Citizen of the United States, INS Form I-179.
      
      
   If such a document is relied upon, the employer must also inspect a document establishing identity, (listed in IV.A. above).
 


3. For establishing both identity and employment eligibility, an employee may use:
   1. a United States Passport; or
     
   2. a certificate of United States Citizenship, INS Form N-560; or
   3. a certificate of Naturalization, INS Form N-550; or
   4. an unexpired foreign passport with an unexpired stamp which reads "proccesed for I-551..." or which has attached a form I-94 bearing the same name or the employment authorization stamp if the proposed employment is not in conflict with any restrictions or limitations identified on the Form I-94; or
   5. an alien Registration Receipt Card, INS form I-151, or Resident Alien, INS Form 551, provided that it contains a photograph of the bearer; or
   6. a Temporary Resident Card, INS Form I-688, or Employment Authorization Card, INS Form 688A, provided that it contains a photograph of the bearer.

V. VIOLATION

Persons who use fraudulent identification or employment eligibility documents or documents that were lawfully issued to another or who make a false statement for purposes of satisfying the employment eligibility requirements may be subject to federal fines up to $5,000, imprisoned, or both. Criminal prosecution may also result for perjury.

VI. FAILURE TO COMPLY

Immigration Service requirements specify that all appropriate blocks must be checked where applicable. Proper signatures of the employee and employer, along with employer's name, address, and effective dates must be provided. Failure to complete these sections of the document may invalidate the process and be in violation of government provisions.