502.2 Verification of Employment Eligibility

P-502.2 The College employs only those individuals who are authorized to work in the United States. Employment eligibility is documented using the federal Employment Eligibility Verification FormI-9, and eligibility must be verified for each employee.

In addition, the College participates in the E-Verify mandatory employment verification program, as required by federal and state regulations.

This policy applies to all employees without exception: staff, faculty and student workers; full- and part-time; regular, temporary, or project-based; exempt or non-exempt.

Pr-502.2.1 Form I-9

Individuals to whom an offer has been made will be required to complete and sign the Employment Eligibility Verification Form I-9 and submit applicable documents verifying identity and eligibility to work in the United States. This form requires that employees attest that they are authorized to work in the United States and that the documents submitted to establish this right are genuine.

Section 1 – The employment verification process must be completed in person. Section 1 of the Form I-9 must be completed on or before the first day of employment (after the offer of employment).

Section 2 – All individuals who are offered employment are required to submit documentary proof of their identity and employment authorization within three days of actual employment (as distinguished from the “hire” date). The document(s) must be examined by the employer and verified at the time of receipt.

Employers cannot specify which document(s) listed on the last page of Form I-9 employees present to establish identity and employment authorization providing the presented documents meet the requirements.

If an employee is unable to present a required document (or documents), the employee must present an acceptable official receipt in lieu of a document listed on the last page of the Form I-9. Employees must present receipts within three business days from the date employment began and must present valid replacement documents within 90 days or other specified time.

Receipts showing that a person has applied for an initial grant of employment authorization, or for renewal of employment authorization, are not acceptable.

Pr-502.2.2 Employee Non-Compliance

If an employee fails to complete the Form I-9 during the first three days of employment (including presentation of eligible documents), the employee is not permitted to work until the proper documentation is submitted and accepted. Consult the Human Resources department to determine the appropriate action. 

Pr-502.2.3 Re-verification of Employment Eligibility

An employee authorized to work in the U.S. for a limited period of time must maintain legal status and will be required to update the Form I-9 with appropriate documentation before the expiration of the authorized employment period. 

Pr-502.2.4 E-Verify

The Human Resources department completes the E-Verify process for every new hire, following the procedures specified by the Department of Homeland Security and the Social Security Administration. The HR department will receive a tentative nonconfirmation report when the SSA or the DHS is unable to confirm through the E-Verify system that the individual is authorized to work. A tentative nonconfirmation response does not mean that the individual is not authorized to work. If a tentative nonconfirmation occurs, the Human Resources department will advise both the individual and the supervisor of the appropriate action required. If an individual chooses not to contest the Notice of Tentative Nonconfirmation, employment will be terminated immediately. 

Pr-502.2.5 Final Nonconfirmation of Employee Eligibility

If the HR department receives an employee’s final nonconfirmation report from the E-Verify Program, a Human Resources staff member will notify the employee and supervisor that the employee will be terminated from employment immediately. 

D-502.2.1 Business Day – For the purpose of this policy, a typical business day is defined as Monday-Friday, 8 a.m.-4:30 p.m. except during official College holidays or closures.
S-502.2.1 A copy of the Employment Eligibility Verification Form I-9, including a list of acceptable documents and other information, can be found at www.uscis.gov/I-9.
S-502.2.2 Information regarding E-Verify may be found at www.uscis.gov/e-verify.

Policy Code Key
P Policy PR Procedure D Definition S Supplement

Content Owner: Donna Davis — ddavis@stchas.edu
Page Updated by: Jessica Trimborn
Date Issued: 10/02/2009
Date Revised: