Policies

Employment Eligibility Verification

Section: Human Resources
Index: C-9

Policy

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, including approved electronic or paper versions, in conjunction with E-Verify to confirm the identity and employment authorization of all employees on or before the hire date, but no later than the third day of employment. Failure to comply with this requirement may result in termination of the employee.  

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 undocumented individual) 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.

Definitions

1. I-9 --Employment Eligibility Verification Form I-9. This is the federal document required to verify an individual’s identity and employment eligibility.
2. E-Verify --E-Verify is an internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. Public university participation in E-Verify became a State of Texas law in September 2015.
3. Employee --Any individual compensated for services by the university and paid through the payroll system or receiving other remuneration.
4. Hire Date --The first day of employment. The day the individual starts working, regardless of the appointment date.
5. 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.  The rehire status will mark the new hire date.
6. Representative --An employee of Human Resources or other university designee who represents the university by completing Section 2 or 3 of Form I-9.

Procedure

Form I-9

1. A new I-9 must be completed for each employee:
   • New Hire
   • Rehire

   If original I-9 was completed within 3 years of the hire date and employment authorization documents are expired; or if original I-9 was completed more than 3 years from the hire date.

2. Under certain circumstances, only Section 3 of the I-9 must be completed for an employee as follows:
   • For Rehires: If the I-9 was originally completed within 3 years of rehire date and the original employment authorization documents are not expired.
   • When an employee has a legal name change
   • When an employee’s employment authorization or documentation has expired. The employee will need to provide employment authorization documentation that has not expired.
3. An I-9 is not required for:
   • Contractors
   • Volunteers
   • Other non-employees are not paid through payroll

General Responsibilities

1. Hiring departments are responsible for ensuring employees complete the I-9 and E-Verify on or before the hire date. Any federal non-compliance fines resulting from department oversights will be charged to the department.
2. All I-9s must be completed by a Human Resources Representative or other university designee.
3. On or before the hire date, the employee is responsible for completing Section 1 of the I-9.
4. 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. Only USCIS may apply any flexibility in I-9 verification requirements. HR will continue to monitor current USCIS I-9 guidelines and work authorization guidelines that may be affected.
5. E-Verify will be done at the time of the I-9 unless the employee does not have a Social Security Number. The employee will be required to update their Social Security information in Human Resources within three days of receiving their card in the mail.
6. If the E-Verify system returns a Tentative Non-Confirmation (TNC), the employee must meet with a Human Resources representative and take immediate corrective action. If the TNC remains unresolved after eight Federal working days, the University is required by law to terminate employment.
7. Human Resources will retain all I-9s in accordance with DHS retention requirements.
8. I-9s and associated documentation are not to be copied or retained outside of the Human Resources Department.
9. Employees who do not comply with I-9 regulations will be subject to immediate termination.
10. 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.

Transcripts

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 does not have official transcripts on file within 30 days of beginning employment may be terminated.

Selective Service

Effective September 1, 1999, all males from eighteen 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.

Supporting Documents

Immigration Reform and Control Act (IRCA)

U.S. Department of Homeland Security (DHS)

Employment Eligibility Form I-9

Selective Service System's web page.

Approved By:

Signature Obtained 05/03/2023
Robert K. Glenn, Ph.D. 
President

Next Review Date: March 2026 (3 years)
Origination: Human Resources Department