Pol-Immigration Reform and Control Employment Eligibility/Verification
policy Immigration Reform Control Employment Eligibility Verification modified Tue Oct 11 2022 15:01:14 GMT-0400 (Eastern Daylight Time)
University of Louisville
Immigration Reform and Control Employment Eligibility/Verification
May 1, 1992
This policy applies to University Administrators, Faculty, and Staff.
REASON FOR POLICY
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.
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 penalties may be levied for employing illegal aliens.
Persons who use fraudulent identification or employment authorization documents or documents that were lawfully issued to another person, or who make a false statement or attestation to satisfy the employment eligibility verification requirements, may be fined, or imprisoned for up to 5 years, or both. Other federal criminal statutes may provide higher penalties in certain fraud cases.
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.
All new University of Louisville employees must provide proof of identity and eligibility to work.
A. All new university employees must complete the I-9 Form prior to the effective date of their employment and submit acceptable documents which establish both identity and employment authorization. (See section C., above).
B. 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.
C. 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.
D. 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.
E. 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.
Vice President for Human Resources
RESPONSIBLE UNIVERSITY DEPARTMENT/DIVISION
215 Central Avenue, Suite 205
Revision Date(s): December 14, 2021 (minor edits); April 22, 2022 (minor edits); August 24, 2022 (minor edit)
Reviewed Date(s): March 8, 2016
The University Policy and Procedure Library is updated regularly. In order to ensure a printed copy of this document is current, please access it online at http://louisville.edu/policies.