Washington State University
BUSINESS POLICIES AND PROCEDURES MANUAL

PERSONNEL
60.04
Revised 6-13
Human Resource Services
335-4521

Employment Eligibility Verification--USCIS Form I-9

PDF link

EMPLOYMENT POLICY

WSU employs only U.S. citizens and aliens who are authorized to work in the U.S. in compliance with the Immigration Reform and Control Act of 1986.

New Employees

All new employees including U.S. citizens must present an original document or documents that establish identity and employment authorization within three business days of the date employment begins (also referred to as the hire date).

Questions

For questions, contact Human Resource Services (HRS); telephone 335-4521.

Responsibilities

Only a designated WSU employee may complete the U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification (Form I-9) by examining and verifying the documents presented by a new employee. Designated employees include employing officials and their designees. See 60.10 for definition of employing official. EXCEPTION: See below regarding completion of Form I-9s for remote hires.

Employing officials must be prudent in designating WSU personnel who are authorized to complete the Form I-9, since employees who examine the identifying documents are certifying under penalty of perjury that the documents appear to be genuine. Civil and criminal penalties apply for violation of these requirements.

Departmental employees responsible for completing Form I-9 must review the Handbook for Employers found at the USCIS website at:

http://www.uscis.gov/

Select For Employers, then
Select Form I-9, then
Select M-274, Handbook for Employers.

This publication is also available in the Reference Section at the Lookout Services website. Lookout Services is the electronic Form I-9 verification service. (See below.)

NOTIFYING APPLICANTS

WSU notifies applicants about the University's employment policy and intent to comply with the law. (See below.)

"WSU employs only U.S. citizens and lawfully authorized non-U.S. citizens. All new employees must show employment eligibility verification as required by U.S. Citizenship and Immigration Services."

DOCUMENTING VERIFICATION

Employing departments document verification of eligibility on USCIS Employment Eligibility Verifications (Form I-9).

New Employees

All new employees including U.S. citizens must present an original document or documents that establish identity and employment authorization within three business days of the date employment begins (also referred to as the hire date).

See below for employee and employer procedures for verifying employment eligibility and completing the Form I-9.

Long-Term Employees

Employees who were employed by WSU on or before November 6, 1986, and are still employed without a break in service do not have to establish their eligibility for U.S. employment as required in this section.

More Than One Appointment

If the employee has more than one WSU appointment, only one Employment Eligibility Verification (Form I-9) is to be filed at HRS.

WSU Employee Defined

This section applies to those employees receiving pay, including:

Exceptions

This procedure does not apply to nonpaid adjunct appointments (also referred to as courtesy appointments) and nonservice pay.

If the duties are performed in a foreign country, employees do not have to establish their eligibility for U.S. employment as required in this section.

USING THE ONLINE VERSION I-9 FORM

Departments may access the online Employment Eligibility Verification (Form I-9) from the HRS website at:

http://hrs.wsu.edu/

Select Manager's Toolkit, then
Select Access to HR Systems, then
Under Electronic I-9 System (Lookout Services), select Log-in.

NOTE: The department employee logs into Lookout Services by using her or his Network ID. However, the Lookout Services system does not use the Network ID password. The employee must establish a unique password with Lookout Services to access to the online I-9 system. Contact HRS to receive access to Lookout Services.

Employee Verification

No later than the first day of employment, the newly-hired employee must fully complete, date, and electronically authorize Section 1 (Employee Information and Verification) of the Form I-9. (See the example in the PDF version of page 60.04.3.) The employee may complete Section 1 prior to his or her first day of work.

The department may not require an employee to provide his or her social security number (SSN) for the purposes of completing Section 1. If the applicant does not provide an SSN, departmental personnel enter Pending when prompted on the online form.

Employer Verification

A designated WSU employee must fully complete, date, and electronically authorize Section 2 (Employer Review and Verification) of the new employee's Form I-9 within three business days of hire. (See the example in the PDF version of page 60.04.4.) Designated employees include employing officials and their designees. See 60.10 for definition of employing official.

The employee presents to the employer documents of her or his choice from the lists included with the online Employment Eligibility Verification (Form I-9). (Presented documents are to be originals. Photocopies or fax copies are not acceptable.)

The designated WSU employee examines and verifies the originals of documents presented by the new employee. NOTE: The designated departmental employee must view and verify the required employee documents. However, the department does not submit employee documents to HRS or retain copies.

If the new employee is unable to produce original documents or receipts for documents within three business days of hiring, the employment must be terminated. Contact HRS for assistance.

Rehire

Employees who have never had an Employment Eligibility Verification (Form I-9) on file and separate from the University must complete the Form I-9 upon reemployment.

If an employee is reappointed who previously completed the Form I-9, departmental personnel may update and/or reverify the employee's original Form I-9 by completing Section 3 (and Sections 1 and 2 need not be completed) if:

When rehiring an employee, the department has the option of completing Sections 1 and 2 of a new Form I-9 instead of completing Section 3. (See the example in the PDF version of page 60.04.5.) NOTE: If the rehired employee's original Form I-9 was completed on a paper form, the department must complete Sections 1 and 2 of a new Form I-9 in the online Lookout Services system.

Form Version Change

Employees must also complete a new Form I-9 if the previous form version has since been replaced by a newer version. The version date is located on the lower righthand corner of the Form I-9.

Grant of Work Authorization Reverification

If the grant of work authorization used to complete the original Form I-9 is about to expire and the employee has received a new grant of work authorization, department personnel must reverify on Form I-9 to employ the person. Reverification must occur no later than the date that the employment authorization (or evidence thereof) expires.

Department personnel must:

NOTE: If the original I-9 was completed on a paper form and the employee did not separate from University employment, the department must submit a paper Form I-9 with appropriate attachments for reverification to HRS.

Form Version Change

Employees must complete a new Form I-9 if the previous form version has since been replaced by a newer version. The version date is located on the lower righthand corner of the Form I-9.

MONITORING

Although HRS monitors the work authorization expiration dates for non-U.S. citizens, departmental personnel are also responsible for monitoring the expiration dates.

In order to ensure uninterrupted employment, the department should start the process for extending an employee's employment eligibility at least two months before the work authorization expiration date.

The Lookout Services online I-9 system sends notices to employing departments 180, 90, 60, and 30 days prior to the work authorization expiration dates of I-9s submitted for non-U.S. citizens.

Eligibility

Employing departments work with the employee, the Office of International Students and Scholars, and HRS to resolve employment eligibility, either with a change in immigration status, an extension of employment eligibility, or termination of employment.

Change in USCIS Status

The Office of International Students and Scholars notifies HRS and Payroll Services when a change in the U.S. Citizenship and Immigration Services (USCIS) status of a University employee occurs.

Termination of Employment

If a non-U.S. citizen's employment eligibility expires with no extension, the employing department works with HRS to process a personnel action through the online Personnel/Position/ Payroll Electronic Routing Management System (PERMS) to terminate employment.

For the temporary employment program, if a non-U.S. citizen's employment eligibility expires, the employing department cancels the appointment through the Positive Pay Time Entry screen in the DEPPS or HEPPS Administrative Information System or through the online Temporary Employment System (TEMPS). See 55.22 and 60.27.

Remote Hires

For a new employee who is unable to travel to the department's designated employee to complete the Form I-9, the hiring department may refer the employee to the nearest WSU Extension Office to complete the form. The I-9 form may be completed by a designated WSU employee only.

The hiring department contacts the appropriate Extension office to arrange the meeting. For the nearest Extension office, refer to:

http://ext.wsu.edu/locations/

For remote hires outside of the state of Washington, contact HRS to designate an authorized representative to complete Form I-9.