Office of the Vice President for
Administration and Finance
SECTION: HUMAN RESOURCES INDEX: C-9
SUBJECT: EMPLOYMENT ELIGIBILITY VERIFICATION
It is the policy of the university to hire only individuals who are authorized to work in the United States and to comply with the Immigration Reform and Control Act (IRCA) and the U. S. Department of Homeland Security (DHS) provisions governing the completion and retention of U.S. Citizenship and Immigration Services Employment Eligibility Form I-9.
The University will use the current Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen). This policy applies to all university employees, including faculty and staff, full-time and part-time, student and non-student.
In addition to I-9 documentation, new employees may be asked, if applicable, to provide official transcripts and/or proof of registration with the Selective Service System.
The University may not discriminate against any individual, by refusing to hire that person (other than an unauthorized alien) because of the person’s national origin, citizenship status or immigration status. The university also cannot specify or demand more or different documents than an employee presents, as long as the documents presented are acceptable by law.
- I-9 - Employment Eligibility Verification Form I-9. This is the federal document required to verify an individual’s identity and employment eligibility.
- Employee - Any individual compensated for services by the university and paid through the payroll system or receiving other remuneration.
- Hire Date - The first day of employment. The day the individual starts working, regardless of the appointment date.
- Rehires - Due to the HRMS system, some employees are marked as “terminated” at the end of their current appointment, even though their relationship with the University has not ended. An employee “terminated” and rehired within the next academic year will not be considered a “termination” requiring a new I-9, as the employee’s employment was not terminated for I-9 purposes.
- Representative – An employee of Human Resources or other university designee who represents the university by completing Section 2 of Form I-9.
See the References section for forms and other sources cited within this policy.
A new I-9 must be completed for each employee:
- Newly-hired to the university; or
- Rehired by the university with a break in service longer than one calendar year; or
- Rehired by the university within one year of the last date of service with changes to the I-9 work authorization.
An I-9 is not required for:
- Other non-employees not paid through payroll
- Hiring supervisors shall communicate to all new full-time and part-time employees that they must complete I-9 forms on or before their first day of starting work.
- All I-9s must be completed by a Human Resources Representative or other university designee.
- On or before the hire date, the employee is responsible for completing Section 1 of the I-9.
- Section 2 of the I-9 will be completed by a representative of HR or designee within three days of the employee’s hire date using original, unexpired documentation presented by the employee. The only acceptable document that may be presented in certified copy format is a birth certificate.
- Human Resources will retain all I-9s in accordance with DHS retention requirements.
- I-9s and associated documentation are not to be copied or retained outside of the Human Resources Department.
- Employees who do not comply with I-9 regulations will be subject to immediate termination.
- Prior to the expiration of an employee’s work authorization, the employee must present to Human Resources current valid documentation to re-verify work authorization. Failure to comply with this requirement will result in termination.
When possible, arrangements will be made for part-time faculty hired at the UH System Centers to complete I-9 forms at that site.
Deans shall communicate to all new faculty that they must have official transcripts on file within 30 days of employment. Letters of appointment to faculty and adjunct staff will include notice of transcript requirements.
Deans will be notified if official transcripts for newly-hired faculty have not been received within 30 days. Faculty who do not have official transcripts on file within 30 days of beginning employment may be terminated.
Effective September 1, 1999, all males from eighteen up to twenty-six years of age hired by an agency of the State of Texas must provide proof of registration with the Selective Service System or exemption prior to beginning State employment. Proof of registration includes the individual's selective service registration acknowledgment card or a copy of the individual's on-line verification screen from the Selective Service System's web page. (References)
- Immigration Reform and Control Act (IRCA)
- U.S. Department of Homeland Security
- Employment Eligibility Verification Form I-9
- Selective Service System Home Page
Philip Castille, Ph.D.
Origination: Human Resources/Affirmative Action
Next review date: December, 2018