Employment Eligibility Verification
REG 05.55.9
Authority: Vice Chancellor for Finance & Business
History: First Issued: May 26, 2009. Additional History Information.
Contact Info: Manager, HR International Employment (919-513-3338).
1. Introduction
1.1 As required by the Immigration Reform and Control Act of 1986, North Carolina State University (NC State) only hires individuals who are legally eligible to work in the United States. NC State verifies the identity and employment eligibility of each person hired, completes and retains a federal Form I-9 for each employee, and does not discriminate against individuals on the basis of national origin or citizenship.
1.2 As required by State law, NC State also has a Memorandum of Understanding with the U.S. Department of Homeland Security and the Social Security Administration to electronically verify the employment eligibility of all newly hired employees using the federal E-Verify system.
2. Covered Individuals
2.1 NC State completes a federal Form I-9 and conducts an E-Verify verification for new hires to the university, as well as rehires following a break in service, including faculty, EPA professionals, SPA staff, post-docs, temporary employees, student workers and all other persons who perform labor or services in return for wages or other remunerations. This requirement applies to every person hired after November 6, 1986. Current employees who move from one position to another without a break in service are not subject to either the I-9 or E-Verify processes.
2.2 Foreign national nonimmigrant employees at NC State have employment eligibility until their current visa status expires, as noted on the Form I-9. At the time of expiration of their employment eligibility and visa status, foreign national nonimmigrant employees must have their I-9 form re-verified with new employment eligibility documentation. If such employees cannot produce acceptable employment eligibility documentation, employment must be terminated.
3. Procedures
3.1 NC State verifies the employment eligibility of all newly hired employees using the federal E-Verify automated system, after completing the I-9 form.
3.2 New employees must complete Section 1 of the I-9 form on (or before) the first day of work.
3.3 The hiring department or college authorized personnel representative, or an authorized representative of the university's central Human Resources (HR) division, completes Section 2 of the I-9 form within three business days of the individual's start date. The university representative must see original employment and identity documents, which must appear to be genuine and relate to the person presenting them.
3.4 When individuals are hired to perform work remotely (at a location other than the main NC State campus), the hiring department should contact HR's Office of International Employment (IE) before the individual's first day of employment to make appropriate arrangements to ensure compliance with sections 3.2 and 3.3 above.
3.5 The university representative must not make or attach copies of employment or identity documents to the I-9 form unless the person presents a Permanent Resident Card or Employment Authorization Card. If one of those two documents is presented, a copy must be attached to the I-9 form per the E-Verify Memorandum of Understanding.
3.6 Upon completion of the I-9 process for a new hire, the authorized representative uses the information on the I-9 form to enter the person into the E-Verify system and sends documentation of the check to International Employment (IE) with the original I-9 form.
3.7 If the new employee cannot produce acceptable documents proving employment authorization and/or identity within three business days of hire to complete the I-9 process, employment must be terminated. The individual will be paid for any services rendered.
3.8 If the new employee's employment eligibility cannot be confirmed through the E-Verify process, the University may be obligated to terminate the employment relationship in order to comply with the Memorandum of Understanding.
3.9 Hiring units must submit the completed original I-9 forms and E-Verify confirmations to HR's Office of International Employment for recordkeeping. Departments and colleges should not maintain separate copies.
4. Authorized Representatives
Only individuals who have completed appropriate I-9 and E-Verify training, and who have been endorsed by HR's International Employment office, may review documents, complete Section 2 of the I-9 form, and conduct E-Verify verifications on behalf of NC State.
5. Resources
Questions concerning the Employment Verification and Compliance Process (Form I-9 and E-Verify) should be directed to HR's Office of International Employment.
