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 INDIANA UNIVERSITY 2 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

3. Form I-9 INDIANA UNIVERSITY 3 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.

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

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

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

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

8. Completing Form I-9 – Section 2 INDIANA UNIVERSITY 8 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)

9. E-Verify INDIANA UNIVERSITY 9 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.

10. Challenges INDIANA UNIVERSITY 10 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

11. Challenges INDIANA UNIVERSITY 11 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)

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

13. Responsibilities and Risks INDIANA UNIVERSITY 13 IU Representatives are 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.

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

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

16. INDIANA UNIVERSITY 16 Questions?