Human Resources Update E-Verify Regulations & Applicant Tracking and Job Related Non-Selection Reasons

E-Verify Regulations What is E-Verify? An on-line database that links SSA and DHS and allows employers to verify an employee’s U.S. work authorization based on entry of information from the federal I-9 work authorization form Until recently it was a voluntary program that employers could opt to use or not. Regulations effective September 8, ’09 require FEDERAL CONTRACTORS to use the system.

E-Verify Regulations Colleges & universities have an option to use the system ONLY for employees working directly on a federal contract containing the E-Verify clause. Clause will be inserted for contracts over $100,000 and with a performance period of more than six months. Pertains to ALL employees – regular employees (faculty, staff and postdocs) as well as student employees (graduate and undergraduate).

E-Verify Regulations How does it work? For NEW employees who are immediately assigned to work on a federal contract containing the E-Verify clause, Rice has 72 hours from date of hire to complete the I-9 work authorization form and enter that information into the E-Verify system. For CURRENT employees who are assigned to work on an federal contract containing E-Verify clause, Rice has 30 days from beginning work on contract to complete the E-Verify data entry using information on the employee’s existing I-9 form.

E-Verify Regulations After data is entered, the system then returns a result of: Authorized to Work, Tentative Non-Confirmation (TNC), or Final Non-Confirmation. If a TNC is received – employee can contest (or not), and follow-up by employee is required with either SSA or DHS. If final Non-Confirmation is received, employee will be terminated from employment at Rice. If this were to occur to a student, employment would not be allowed, but student status per se would not be affected.

E-Verify Regulations Who does what? Office of Sponsored Research: Identifies contracts subject to E-Verify Tags funds in Banner Notifies PIs and Departments of federal contracts tagged with the E-Verify clause and obligations associated with these contracts

E-Verify Regulations Departments & PIs: Ensures new faculty, postdocs & staff hires visit HR on first day of employment to complete I-9 form Ensures I-9 forms for student employees are completed on first day of work (in department for U.S. citizens or in Payroll Office for all others) Completes PAFs, time allocation reports and redistribution forms for current employees moving to an E-Verifiable contract in a timely manner that allows for verification within the 30 day window.

E-Verify Regulations Payroll: Completes E-Verify data entry process for student employees. Notifies HR or Office of International Students & Scholars regarding TNC statuses. HR: Completes E-Verify process for faculty, staff and postdocs Follows up with these regular employees regarding TNC results Communicates with departments regarding final non- confirmation findings for both regular and student employees and manages termination process

E-Verify Regulations Office of International Students & Scholars: Assists employees who have TNC based on Department of Homeland Security (immigration related) documents. Notifies HR of employees who receive final non-confirmation status. Employees Receiving TNC: Responds quickly to communication regarding TNC status Follows up within timeframe allowed with either SSA or DHS as appropriate.

E-Verify Regulations And if we don’t…. Penalty of Rice and/or the PI being disqualified from receiving future federal contracts Financial penalties of not completing I-9s and E-Verify process within required time frame Criminal penalties for knowingly hiring an unauthorized worker

E-Verify Regulations Everify. Pay attention-move fast. New hires must get to HR on Day 1; move employees in real time to “R” fund if providing work on project.

Job Related Non-Selection Reasons When hiring a staff employee, a hiring manager must provide a job related non-selection reason for each applicant not hired. Currently, Process requires a specific, free flow comment on why someone was not selected. Often lacking adequate or detailed information which allows Rice to track and report on hiring decisions at a level most useful for internal and external compliance

Job Related Non-Selection Reasons Coming Monday, September 21, Rice will be introducing a pre-programmed list of specific reasons why an applicant was not selected for a specific staff position. Increase efficiency for hiring managers in submitting staff hiring proposals Allow Rice to better track applicants as required for affirmative action reporting requirements as well as for internal reporting and analysis

“Change is inevitable – except from a vending machine.” -- Robert C. Gallagher