Employment Eligibility Policy

Policy

All employees who are appointed to the Research Foundation (RF) payroll must be either United States citizens, permanent residents, or nonresident aliens who are authorized to work in the United States. All employees are required to document their identity and employment eligibility in order to be appointed to the Research Foundation payroll. Employees must be informed of this requirement in the letter offering them Research Foundation employment.

The RF uses Form I-9 to record the documentary evidence of identity and employment eligibility presented by the employee being appointed to the payroll. Section 1 of the Form I-9 must be completed on the first day of employment and the remainder of the form must be completed no later than 3 business days after the hire date or on the hire date if the appointment is for less than 3 days.

The Research Foundation operations manager or designee must certify that he or she has "examined the documents presented by the employee, that the documents listed appear to be genuine and to relate to the employee named, that the employee began employment on the date listed, and to the best of his or her knowledge, the employee is eligible to work in the United States."

Effective March 1, 2010 all new employees must also be entered into the E-Verify program for clearance by the Department of Homeland Security (DNS) and Social Security Administration (SSA) as being eligible to work in the United States. See the E-Verify Policy for complete requirements under this program.

Basis for Policy

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to verify that all employees hired after November 6, 1986 are authorized to work in the United States.

The Immigration Reform and Control Act of 1986 as amended on November 29, 1990 stipulates an employer is liable for knowingly hiring an unauthorized alien if the alien's status was apparent because of information that was available.

IRCA regulations provide both for criminal and civil penalties. Criminal penalties are provided for employers who engage in a patterned practice of employment violations. Civil penalties are provided for knowingly hiring an unauthorized alien or for failure to maintain the documentation required by the Immigration and Naturalization Service (INS). Fines ranging between $100 and $1,000 are imposed for each individual instance of failing to comply with employment verification requirements.

For more information, see the U.S. Citizenship and Immigration Services (UCSIS) Web site.

IRCA Requirements

The INS requires employers to complete U.S. Government Form I-9, "Employment Eligibility Verification," for all employees hired after November 6, 1986.

Persons who are not U.S. citizens, such as nonresident aliens, must produce documentation from INS that indicates they are permitted to work, for how long, and what type of work they are permitted to perform.

The IRCA documentation standards do not apply to consultants or independent contractors. However, an employer may not employ an unauthorized alien under contract in order to avoid the documentation standards. This action is a violation of the employment rules even though a payroll appointment is avoided.

The Research Foundation operations manager or designee must ensure that all persons who are responsible for hiring Research Foundation employees at the location are advised of the IRCA documentation requirements.

Related Resources

Resources

Employment Eligibility Requirements: The I-9 Process

E-Verify: Employee Verification Procedure

New Employee Process

E-Verify Policy

Form I-9

Responsibilities

The Operations Manager is responsible for ensuring location compliance with I-9 requirements.

The VP for Administration and Human Resources is responsible for updating and maintaining corporate policy and procedures.

Change History

Date

Change History

March 20, 2010

Added clarification on timing for Form I-9

February 1, 2010

Added information on E-Verify and Related Resources and Responsibilities section

Effective Date: May 1997
Responsible Party: Office of Administration and Human Resources, Personnel Administration
Contact Information: 518-434-7080

 

 

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