Formerly Executive Memorandum 92-102
Initially approved August 1, 1987
Revised June 1, 1992
Administering Office: Human Resources
On November 6, 1986, the President of the United States signed the Immigration Reform and Control Act of 1986 into law. This legislation is the most comprehensive reform of our immigration laws since 1952. The Act makes it unlawful for an employer to knowingly employ an alien not authorized to work in the United States. The Act requires the University to verify the employability of all new hires by inspecting certain documents concerning the employee. The University must maintain a verification record after the inspection. The Immigration and Naturalization Service of the United States Department of Justice has issued regulations requiring that all newly hired employees complete an INS Form I-9 and present appropriate documentation to the University. The regulations exclude independent contractors from these requirements. The University began fulfilling its responsibilities under the Act prior to June 1, 1987.
In order to continue fulfilling its obligations under the Act, the University adopts the following amended policies and procedures:
- Newly hired full-time faculty, newly hired SPA employees, and newly hired EPA non-faculty employees must complete the Form I-9 and present appropriate documentation to the University Personnel Office, Room 335, H. F. Robinson Administration Building.
- Newly hired part-time faculty and graduate teaching/research assistants must complete the Form I-9 and present appropriate documentation to the Dean's Office of their school.
- Newly hired temporary wage students must complete the Form I-9 and present appropriate documentation in the CAP Center.
- Newly hired work-study students working within a unit of Academic Affairs must complete the Form I-9 and present appropriate documentation in the CAP Center.
- Newly hired work-study students, other than those employed in a unit of Academic Affairs, must complete the Form I-9 and present appropriate documentation in the Financial Aid Office.
- Work-study students and temporary-wage students (on a time card or with a contract) must be processed by the Financial Aid Office or CAP Center, respectively, before they actually begin work. Students should be prohibited from working until they are processed through the CAP Center or Financial Aid office, as appropriate.
- All people who are hired for employment expected to last for more than three days must complete Section 1 of the I-9 form before actually beginning work. The employee must present appropriate documentation and the University must complete Section 2 (Employer Review and Verification) within three business days of the date of hire. The date of hire is the first day for which the employee is paid.
- All people hired for employment expected to last three days or less must complete Section 1 of the Form I-9 and present the appropriate documentation for Section 2 before employment begins. The University must complete Section 2 before employment begins.
- Any person who fails to complete the Form I-9 and present appropriate documentation as required by the Act and as required by the above paragraphs must be dismissed from employment.
- All people newly hired shall receive a copy of this Executive Memorandum no later than the date of hire.
The types of documents that will satisfy the requirements of the Act when presented to the University are described on the Form I-9. The rules for updating, reverification and processing people who are rehired are contained in the instructions accompanying the Form I-9.
Penalties for failing to properly complete a Form I-9 include civil fines of not less than $100 and not more than $1,000 for each person for whom the form was not properly or timely completed.
Since the University neither requires, requests, nor condones the employment of people for whom a Form I-9 has not been properly completed, action which results in such a situation is not considered to be taken in the course of employment. As a result, the University may determine that any employment relationship created by a faculty or staff member with any person, including a work-study or temporary-wage student, that is not properly processed is not an employment relationship involving the University. The relationship may be viewed as a personal employment relationship between the faculty or staff member and such person. In such a situation, the faculty or staff member will be responsible for paying any wages due from their personal funds. Furthermore, if the University is sued or fined because of I-9 violations, it may seek payment from the individuals responsible for the unauthorized activity as well as subject them to disciplinary action.
No matter how the University views a particular situation involving a newly hired worker, the Immigration and Naturalization Service has the authority to hold University employees directly and personally liable for failing to comply with employment verification procedures in the hiring process.
Any person having questions about the Act or this Executive Memorandum should direct those questions to the administrative unit responsible for verifying their employability.