Employment Eligibility Verification Requirements for Staff and Temporary Employees September 25, 2013 Laura Kress

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

2. Employment Eligibility Verification Requirements • 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 INDIANA UNIVERSITY

3. Form I-9 • 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. INDIANA UNIVERSITY

4. Form I-9 – Who Needs One? • Any NEW Employee to the university who will be working in the United States. This includes: • U.S. Citizens • Non-U.S. Citizens INDIANA UNIVERSITY

5. Form I-9 – Who Needs One? • 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 INDIANA UNIVERSITY

6. Completing Form I-9 – Section 1 • 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 INDIANA UNIVERSITY

7. Completing Form I-9 – Section 2 • Objective is to confirm Employee identity and work eligibility • Completed by hiring unit • MUST be completed by 3rd business day after hire date • Requiresvisual review of original unexpired documents • Supervisors Must Stop Employee from working if not completed by end of the 3rd business day after hire date INDIANA UNIVERSITY

8. Completing Form I-9 – Section 2 • Document Review • Employer 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) INDIANA UNIVERSITY

9. E-Verify • 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. INDIANA UNIVERSITY

10. Challenges • 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 INDIANA UNIVERSITY

11. Challenges • 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) INDIANA UNIVERSITY

12. Responsibilities and Risks • Increased volume of audits by U.S. Citizenship and Immigration Services being conducted INDIANA UNIVERSITY

13. Responsibilities and Risks • IU Representativesare 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. INDIANA UNIVERSITY

14. Responsibilities and Risks of Non-Compliance – Fines and Penalties • 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. INDIANA UNIVERSITY

15. Form I-9 – Requirements, one last reminder! • 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 dayof 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 muststop an employee from working after the third work day if Section 2 is not completed. INDIANA UNIVERSITY

16. Questions? INDIANA UNIVERSITY