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

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Background<br />

IFSS <strong>Reference</strong> <strong>Manual</strong> to I-9<br />

What is a <strong>Form</strong> I-9?<br />

The Immigration and Nationality Act (INA) as amended by the Immigration Reform and Control Act <strong>of</strong> 1986<br />

(IRCA) was the first federal law making it illegal for employers to knowingly hire persons who are not<br />

authorized to work in the United States. To implement this, employers are required to complete the <strong>Form</strong> I-9 to<br />

confirm the identity and work eligibility <strong>of</strong> all persons hired after November 1986.<br />

INS to USCIS<br />

On March 1, 2003, services formerly provided by the Immigration and Naturalization Service (INS) transitioned<br />

into the Department <strong>of</strong> Homeland Security (DHS) under U.S. Citizenship & Immigration Services (USCIS). The<br />

INS ceases to exist.<br />

Employer Responsibilities<br />

Employees at the Norman and Tulsa campus will present themselves to their local OU <strong>Human</strong> Resources <strong>of</strong>fice<br />

for I-9 completion.<br />

OU Health Sciences Center employing departments are considered the employer. All employer<br />

responsibilities identified in this manual refer to the employing department.<br />

Employers are required by the Immigration Reform and Control Act <strong>of</strong> 1986 to:<br />

• Have a completed I-9 form for all new hires.<br />

• Provide all three pages <strong>of</strong> the I-9 form to each employee.<br />

• Ensure each employee completes all areas <strong>of</strong> Section 1 <strong>of</strong> the I-9 on the first day <strong>of</strong> hire.<br />

• Allow employees to present any document or combination <strong>of</strong> documents that appear genuine.<br />

• Complete Section 2 <strong>of</strong> the form by the third day <strong>of</strong> employment using the documentation presented by<br />

the employee from the list <strong>of</strong> acceptable documents.<br />

• Review the I-9 form and record the acceptable List A, B and/or C documents for each employee, to<br />

include document title, issuing authority, number, and expiration date, if applicable.<br />

• Stop employment <strong>of</strong> any employee not providing work authorization within three days <strong>of</strong> hire.<br />

• Terminate any employee not completing Section 1 or providing work authorization on the first day <strong>of</strong><br />

employment when hired for a period less than three days.<br />

• Monitor work authorization expiration dates and reverify on or before the noted expiration date.<br />

TIP: An employee <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Oklahoma</strong> is not required to include his/her social security number<br />

in Section 1 <strong>of</strong> the <strong>Form</strong> I-9.<br />

NOTE: Requesting more or different documentation than the minimum necessary to meet I-9<br />

requirements may constitute an unfair immigration-related employment practice.<br />

Employee Responsibilities<br />

• Present original documents establishing identity and employment eligibility within three days <strong>of</strong><br />

employment or at the time <strong>of</strong> hire if employed for less than three business days.<br />

• Indicate in Section 1 eligibility for employment and provide supporting documentation or receipt for<br />

application <strong>of</strong> lost, stolen or damaged documents and provide original documents within 90 days (Refer<br />

to “Receipt Rule” in the HSC Quick Guide to I-9).<br />

• Provide original documentation for work authorization extensions.<br />

I-9 Requirements<br />

Who Needs to Complete an I-9?<br />

You need to complete <strong>Form</strong> I-9 only for people you actually hire. For purposes <strong>of</strong> the I-9 rules, a person is<br />

"hired" when he or she begins to work for you for wages or other compensation/remuneration. Remuneration<br />

is anything <strong>of</strong> value given in exchange for labor or services rendered by an employee, including food and<br />

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