Date: June 1, 1987
(Revised October, 1996)
Authority: Federal Regulations and
I. The federal Immigration Reform and Control Act of 1986 (IRCA)
requires all employers to verify the identity and employment eligibility of
employees who are
hired on or after November 7, 1986. The purpose of this law is to limit hiring and continued employment to only persons legally entitled to work in the United States. The rules, regulations, policies and procedures of IRCA apply to all employees (classified and unclassified, students, teaching and research assistants, permanent, limited term, seasonal, full time and part time). Failure to comply can result in federal liability penalties.
II. Verification consists of completion and filing of the Employment Eligibility Verification Form, I-9 (copy attached with instructions), for each employee. Copies of verification documents (e.g., passport, driver's license) shall be made and kept as attachments to the I-9 form.
The I-9 form and its attachments must be treated as confidential documents and separate from the personnel file. Requests for access should be referred to the Office of Legal Affairs for advice.
III. A. Employees hired between November 7, 1986, and May 31, 1987, (inclusive) must have been verified by September 1, 1987.
B. Employees hired on an original appointment on or after June 1, 1987, must be verified between the time the job offer is accepted and the close of
business of the third day of work. In the case of employees who are hired to work three days or less, verification must be completed no later
than the close of business of the first day of work.
C. All employees hired prior to November 7, 1986 who quit or were terminated and are being rehired must be verified between the time the job offer
is accepted and the close of business of the third day of work.
IV. A. Foreign Faculty, Staff and Students (Those persons who are not U.S. citizens nor permanent residents of the U.S.).
The Office of International Studies and Programs will certify the employment eligibility of all foreign faculty, staff and students. The hiring unit must verify the identity of the employee. For contracted employees, certification will cover the period of the contract, recertification must occur for new contracts. For students, certification must be on a semester by semester basis; recertification must occur each semester of employment.
In the case of teaching staff and those who must be recertified, it is strongly advised that the process be completed before classes begin.
Information may be obtained from the Office of International Studies and Programs.
B. Permanent Classified Employees
The hiring department is responsible for verification. The I-9 Forms and attachments are sent to and kept on file by the Department of Human Resources. Information may be obtained from the Department of Human Resources.
C. Classified LTE's, Student Employees, Graduate Assistants and "Others"
The hiring department is responsible for verification. The I-9 Forms and attachments are to be maintained by the department in an alphabetical file separate from the personnel file but in the area of the official departmental personnel files.
Information may be obtained from the personnel representative.
D. Faculty, Academic Staff and Limited Employees
The hiring school, college or division is responsible for verification. The I-9 Forms and attachments are to be maintained by the school, college or division in an alphabetical file separate from the personnel file but in the area of the official personnel files.
Information may be obtained from the dean or the associate vice chancellor.
V. A. The Office of Federal Contract Compliance Programs (OFCCP)
conducts periodic audits of I-9 files maintained at all levels. The Office of
Diversity/Compliance coordinates OFCCP's desk and on-site phases of the audit. The Department of Human Resources disseminates monthly new appointments listings as an aid to units in managing the verification and file maintenance processes.