Form I-9 Reference Manual - University of Oklahoma Human ...

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IFSS Reference Manual to I-9 Hiring departments at the Health Sciences Center must submit the completed Form I-9 to HSC Human Resources Records, SCB 122. Attach copies of the verifying documentation. Incomplete and inaccurate forms will be returned to the employer. ATTENTION! Upon approval of the H-1B, the employer must complete Section 3 under the reverification rules (Refer to Updating and Reverification in the HSC Quick Guide to I-9). How to Document an Asylee Asylum applicants are only allowed employment authorization if they have been given a recommended approval or conditional GRANT OF ASYLUM. A Form I-94 containing a Granted Asylum stamp may be presented to establish employment authorization. To indicate granted asylum status, the stamp may include a reference to INA Section 208 rather than state the word “asylee”. This class of alien is authorized to work indefinitely incidental to their status and may not have an expiration date indicated on the I-94 card. A notation should be included that work authorization is “indefinite” in Sections 1 & 2. The I-94 must be present with an identity document, such as an unexpired foreign passport or state issued driver’s license. It is acceptable to record the I-94 as a List C #7 item when a List B identity has been presented. This applies only to the Granted Asylum alien. NOTE: This class of alien is not required to apply for Permanent Resident status. Therefore, an “indefinite” GRANTED ASLYUM I-94 card does not require I-9 revalidation. F-1 Students On-Campus Employment for F-1 International Students working at the University of Oklahoma as an approved off-campus location. On-campus employment must either be performed on the school's premises or at an off-campus location which is educationally affiliated with the school. In the case of off-campus locations, the educational affiliation must be associated with the school's established curriculum or related to contractually funded research projects at the post-graduate level. In any event, the employment must be an integral part of the student's educational program. Employment authorized under this paragraph must not exceed 20 hours a week while school is in session (exception due to hardship). An F-1 student may, however, work on campus full-time when school is not in session or during the annual vacation (8 CFR Sec. 214.2(f)(9)). Approval from the student’s DSO must be obtained before employment can commence. There are three stages in the “Approved Off-campus” Location process: 1. DSO Approval: The student’s authorized DSO must determine that there is an education affiliation between their institute and the potential employer. The DSO must determine that the activities are an integral part of the student’s program in order to approve the employment at the off-campus location. Prior to hiring, the student’s DSO should be notified of the proposed employment as follows: a. A letter from the student’s academic department attesting that the work is an integral part of the student’s program, AND; b. A letter from the hiring department that identifies the supervisor, details the proposed activities, verifies the position title, and gives the length and hours of employment (cc: student’s academic department). c. If the employment is permissible, the student’s DSO should generate a letter approving the employment. 2. Title: Appointment is not limited to a specific job title, but should be compatible with the student’s approved program and must follow established university guidelines for the position. Appointment cannot be more than 50% FTE (20 hrs per week) while school is in session. All appointments for a Graduate Assistant (GA, GRA, GTA) must follow the Graduate College policy. 3. Employment Eligibility; Acceptable documentation for the purposes of I-9 verification: An identity document, such as an unexpired foreign passport with an I-94 card indicating F-1 “D/S” status or an identity document, such as a state issued driver’s license, etc. AND a valid Form I-20 issued by the student’s U.S. admitting school that verifies enrollment. An attached letter from student’s Designated School Officer attesting that the employment is an integral part of the degree 14
IFSS Reference Manual to I-9 program is required. The letter should reference the student’s field of study and contain the name of the university hiring department where the off-campus employment will commence. Copies of the DSO letter should be provided to the student’s academic department and the hiring department. Employer Sanctions If an investigation reveals that an employer has knowingly hired or continued to employ an unauthorized alien, OR has failed to comply with the Form I-9 requirements, the US Citizenship & Immigration Services ma take action. If the employer is issued a Final Order (unappealable), the following penalties can be imposed: • Hiring or continuing to employ unauthorized aliens • Failing to comply with the Form I-9 requirements • Criminal Penalties • Unlawful Discrimination Resources HSC Quick Guide to I-9 http://admin-scb.ouhsc.edu/person/documents/HSCGuidetoI9.Jan.06_000.pdf US Citizenship & Immigration Services http://www.uscis.gov/ USCIS Office of Business Liaison Employer Bulletins http://www.uscis.gov/graphics/services/employerinfo/eibulletin.htm USDOS Bureau of Consulate Affairs http://travel.state.gov/ US Office for Special Counsel for Immigration-Related Unfair Employment Practices http://www.usdoj.gov/crt/osc/ 15
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