September 22, 2010 Updates New Hire/Rehire Documents

2  Alien Supporting Documents  Form I-9 Overview  Page Center  Demographic Data Transmittal  E-Verify  Oath & Patent  Personnel File  Records Retention AGENDA

3 I-94 issued by USCIS H1-B Status valid period work authorization end date I-94 number I-797 Change of Status Approval Notice (Sample is H1B Specific)

4 Sample F-1 I-20 & F-1 I-94 for On Campus Employment I-20 Expiration Work authorization end date I-94 number/ admission number SEVIS ID document number  Expiration of F-1 status D/S = duration of status

5 Sample J-1 DS-2019 & J-1 I-94 SEVIS ID document number I-94 number admission number Date of entry: 01/29/2003 Expiration of J-1 status D/S = duration of status DS-2019 expiration date work authorization end date  J-1 Category: student or scholar

6 J-1 Student Work Authorization Documents J-1 Sponsor employment authorization Employment expiration date J-1 Category = Student

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8 Employee to complete Section 1 on or before 1st day of employment Employers responsibility to ensure section 1 is complete SECTION 1

9 Section 2 Section 2 Section 2 Employer Review and Verification  Documents must be original non-expired (with the exception of a certified copy of a birth certificate).  Employee must present documents that establish identity and employment eligibility within three business days of the date employment begins.  Documents should be recorded in the appropriate list (i.e.: DL should be recorded in Section B, not C).  Employees hired for LESS than three business days, section 2 must be completed by date of hire.

10 5. Unexpired Foreign Passport w/ Form I - 94  D/S Section 2 – List A

11 Section 3  Enter employees name in Section 1  Review document that establishes current employment authorization  Complete Section 3, C.  Sign and date  Update work authorization date in HCM and Visa information is applicable  Send completed Form I-9 to HR Records & Data Management

12 Hiring or Continuing to Employ Unauthorized Aliens If DHS determines that you have knowingly hired unauthorized aliens (or are continuing to employ aliens knowing that they are or have become unauthorized to work in the United States), it may order you to cease and desist from such activity and pay a civil money penalty as follows:  1. First Offense: Not less than $375 and not more than $3,200 for each unauthorized alien;  2. Second offense: Not less than $3,200 and not more than $6,500 for each unauthorized alien; or  3. Subsequent Offenses: Not less than $4,300 and not more than $11,000 for each unauthorized alien. M274 Employer’s Handbook, page 21

13 Page Center  Page Center Reports  PPP6201/PPP620 Personnel Status Report  PPP1392/PPP139Employee with 1000 hours eligible for career status  PPP1393/PPP139Employee approaching 1000 hours toward career status  PPP1382/PPP138Employees with 1000 hours eligible for benefits  PPP1383/PPP138 Employee approaching 1000 hours toward benefits  PPP1385/PPP138Employees approaching 750 hours toward benefits  PPP1384/138Employees with 750 hours eligible for benefits  PPP6504/PPP650Employee’s beli out of compliance  PPP6952/PPP695Start Participation

14 Form I-9 RECAP  Section 1 employee completes on or before employment begins.  Employer responsibility to ensure section 1 complete.  Preparer or Translator Certification completed if section 1 prepared by a person other than employee.  Section 2- Employer review original documents and records in appropriate column no later than 3 business days of the date employment begins.  Employer completes certification with hire date, signature, name, title, address and signature date.  Section 3 for work authorization reverification.

15 What’s Wrong

16 New Demographic Detail Transmittal Form ( U5605)  Employee can check multiple selections.  Satisfies US Dept of Education, Integrated Post Secondary Education System (IPEDS)  Employee chooses one ethnicity for Affirmative Action Program reporting.

17 HCM Entry Demographic Detail Transmittal Form (U5605)

18 What is E-Verify?  An internet based system operated by DHS under U.S Citizenship and Immigration Services(USCIS) to verify employment eligibility based on information provided on an employee’s Form I-9.  Information electronically verified against records in DHS and Social Security databases.

19 Oath & Patent Agreement  The State Oath of Allegiance must be signed by all U.S. Citizens who are employed by the University, with or without compensation, on or before the first day of the service period.  The Patent Agreement must be signed by all persons on or before the first day of service period.  All persons re-employed by the University after a separation must sign a new Oath if the date of re-employment is more than one year after the date on which the previous Oath was signed.  All persons re-employed by the University after separation must sign a new Patent agreement.

20 What is the Staff Official Personnel File?  Documents and communications related to staff employee Pre-employment and post-employment information Historical record of information pertaining to employee from date of hire to separation The Official Personnel file is owned by the University.

21 Who Maintains the Official Personnel File?  Maintained by the employee’s department Staff personnel file maintained in secured and confidential location Files kept in locked cabinets or drawers Access to staff files restricted

22 What is the Medical File?  Any information related to an employee’s medical condition or the medical condition of his or her family members. Medical files are confidential. Kept separate and apart from other business records. Medical records are not retained in personnel file.

23 What is the Supervisors Working File?  A working file to track employee’s work in progress, conduct and performance related information. Supervisor working file is optional Confidential – stored in locked area Not considered part of official personnel file

24 Who Has Access to the Official Personnel File?  State law gives employees the right to review their official personnel file. Employee request must be in writing to his or her supervisor. Limited access to file. »Employee »Employee designated representative »Employee’s supervisor or department head »Prospective UC hiring manager »ER, LR and other UC officials with job related need.

25 When is the Official Personnel File Transferred?  Official personnel file must follow employee to new Berkeley department. Sealed in envelope marked confidential. Hand delivered to or retrieved by new supervisor. Not given to employee to deliver. »Medical file should also follow employee after the hiring process is complete.  Documents not transferred Supervisor working file Timesheets

26 What is the Retention Period for the Official Personnel File?  Personnel files should be maintained until five years after an employee separates. With the exception in cases of disability, retirement, or disciplinary actions. Files are retained until the individual reaches age 70. Refer to the University’s Records Retention Management Disposition Schedule.

27 Future ER Model

28 ResourcesResources  Form I-9 Form I-9  USCIS I-9 Employers Handbook USCIS I-9 Employers Handbook  Human Resources Forms Human Resources Forms  Guidelines for Staff Official Personnel Files  Data Management, Use, and Protection  UC Records Disposition Schedules Manual  Page Center Information