Title
Form I-9 & E-Verify Policy
Introduction
Purpose
The purpose of this policy is to provide guidance for compliance with UNC Chapel Hill’s I-9 and E-Verify procedures and protocols.
The University of North Carolina at Chapel Hill (UNC Chapel Hill) is committed to complying with federal and state laws concerning employment eligibility verification of employees hired to work in the United States. In accordance with the Immigration Reform and Control Act of 1986 (IRCA), UNC Chapel Hill will not knowingly hire or continue to employ any person not authorized to work in the United States, and will not discriminate against U.S. citizens, lawful permanent residents, or other foreign national individuals who are authorized to work.
In order to comply with the Immigration Reform and Control Act of 1986 (IRCA), UNC Chapel Hill is required to verify the identity and employment authorization of all employees hired after November 6, 1986 by completing the Form I-9, Employment Eligibility Verification document. Since inspections of I-9 Forms by government agencies can result in the imposition of substantial fines against UNC Chapel Hill, it is crucial that all I-9s be completed according to the Policy outlined below and the related Form I-9 & E-Verify Procedure.
In addition, federal and state law requires the University to use the E-Verify system to verify employment eligibility. E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS), in partnership with the Social Security Administration (SSA), that verifies whether an individual is eligible to work in the United States. The system verifies employment eligibility based on information provided by an employee's Form I-9. Information is electronically verified against records contained in DHS and the SSA databases. The E-Verify requirement is in addition to the current requirements governing the Form I-9 - Employment Eligibility Verification and is not a substitute.
Further, as required by law (Immigration and Nationality Act (INA)) employers cannot discriminate against anyone (other than any unauthorized alien) on the basis of national origin or citizenship status in hiring, discharging, recruiting, or referring for a fee, assignment, compensation, or other conditions of employment.
Scope of Applicability
This policy applies to all University employees, individuals with hiring authority and individuals who are responsible for managing UNC Chapel Hill’s I-9 and E-Verify responsibilities including campus I-9 preparers, department heads, HR Officers and the Office of Human Resources I-9 unit.This policy does not address the process of obtaining work authorization, establishing immigration status, or other immigration or employment-related issues.
Policy
Policy Statement
The University is committed to compliance with federal Form I-9 and E-Verify requirements. The University also takes seriously its responsibility to comply with applicable legal requirements to ensure no discrimination against anyone (other than any unauthorized alien) on the basis of national origin or citizenship status in hiring, discharging, recruiting, or referring for a fee, assignment, compensation, or other conditions of employment.
In order to ensure compliance with federal and state laws and University policies, all UNC Chapel Hill employees must comply with Form I-9 and E-Verify requirements.The E-Verify process must be completed in a nondiscriminatory manner and, in the case of new hires, only after the individual has accepted an offer of employment and completed the Form I-9.
Roles and Responsibilities
Employees
All University employees hired after November 6, 1986, are required to complete a Form I-9, Employment Eligibility Verification upon hire and rehire. Each employee is responsible for completing Section 1 and presenting valid identification and work authorization document(s) for Section 2 of the Form I-9.
I-9 Preparers
Campus I-9 preparers are responsible for all aspects of completing Forms I-9 for faculty, postdocs and SHRA/EHRA temporary employees.
Department Heads and HR Officers
Department heads and HR Officers are responsible for ensuring that Forms I-9 for their units are completed and managed according to Form I-9 requirements, USCIS Handbook for Employers (M-274) as well as the University’s Form I-9 policy, procedures and supplemental resources. In addition, they are responsible for setting expectations for I-9 preparers, monitoring performance, holding I-9 preparers accountable for their Form I-9 responsibilities and addressing Form I-9 compliance issues when necessary.
Office of Human Resources (OHR)
The Office of Human Resources I-9 unit is responsible for completing Forms I-9 for permanent SHRA and EHRA non-faculty employees and auditing Forms I-9 completed by campus I-9 preparers for all other appointment types.
Exceptions
University employees hired on or before November 6, 1986 are excluded from Form I-9 and E-Verify requirements.
Definitions
E-Verify: E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9 - Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.
Final nonconfirmation: An E-Verify case receives a Final Nonconfirmation case result when E-Verify cannot confirm an employee's employment eligibility after:
- The employee has visited a SSA field office and/or contacted DHS during the TNC referral process, OR
- The employee failed to visit SSA and/or call DHS within 8 federal government working days
Form I-9 - Employment Eligibility Verification: The Form I-9 - Employment Eligibility Verification form is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States after November 6, 1986. This includes citizens and noncitizens. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9.
Immigration Reform and Control Act of 1986 (IRCA): The Immigration Reform and Control Act of 1986 seeks to preserve jobs for those who are legally entitled to them - American citizens and aliens who are authorized to work in the United States. IRCA prohibits employers from knowingly hiring, recruiting, or referring for a fee any alien who is unauthorized to work.
Immigration and Nationality Act (INA): The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many of the most important provisions of immigration law. The Department of Justice’s Civil Rights Division, Immigrant and Employee Rights Section (IER), enforces this law.
The anti-discrimination provision of the Immigration and Nationality Act (INA), as amended, prohibits four types of unlawful conduct:
- Unfair documentary practices during the Form I-9 and E-Verify process;
- Citizenship or immigration status discrimination;
- National origin discrimination;
- Retaliation or intimidation
I-9 Preparer: Designated campus representative who is responsible for managing completion of Forms I-9 for a specific department(s) and/or his or her school/division.
Immigrant and Employee Rights (IER): The Department of Justice's Civil Rights Division that enforces the Immigration and Nationality Act (INA).
LawLogix Guardian: The University's electronic I-9 vendor system used to complete and retain Forms I-9 as well as E-Verify verifications.
Office of Human Resources (OHR) I-9 Unit: The University department and unit responsible for overseeing the Form I-9 and E-Verify verification program across campus.
Remote Agent: An employer may designate an authorized representative or "remote agent" to fill out a Form I-9 on behalf of the employer. If an authorized representative fills out Form I-9 on behalf of the employer, the employer is still liable for any violations in connection with the form or the verification process.
When completing Form I-9, as with the employer, an authorized representative (remote agent) must physically examine, with the employee being physically present, each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it. Accepting documents by mail or email is not permissible. In addition, reviewing or examining documents via webcam is not permissible.
Social Security Administration (SSA): The federal agency that verifies identification for the E-Verify verification.
Tentative Nonconfirmation (TNC): A Social Security Administration (SSA) or Department of Homeland Security (DHS) Tentative Nonconfirmation (TNC) results when the information entered in E-Verify does not match SSA records or data available to DHS. The employee will need to take additional steps to resolve the mismatch. A TNC does not necessarily mean that the employee is not authorized to work in the United States.
United States Citizenship and Immigration Service (USCIS): The federal agency that oversees lawful immigration in the United States as well as the Form I-9 - Employment Eligibility Verification.
USCIS Handbook for Employers (M-274): The official federal handbook that provides detailed Form I-9 procedures campus I-9 preparers and Office of Human Resources I-9 staff.
United States Department of Homeland Security (DHS): The federal agency that verifies employment authorization for the E-Verify verifications.
University of North Carolina at Chapel Hill Form I-9 & E-Verify Compliance Manual: The University's detailed Form I-9 and E-Verify procedure for campus I-9 preparers and Office of Human Resources I-9 unit staff.
Related Requirements
External Regulations and Consequences
Failure to comply with the following federal and state Form I-9 and E-Verify regulations as well as Office of State Human Resources policy may result in significant monetary fines and penalties to the University, debarment from receiving or participating in federal contracts and/or receiving other government benefits as well as criminal prosecution.
Immigration Reform and Control Act of 1986
Immigration and Nationality Act
Executive Order 13465 - Amending Executive Order 12989
Office of State Human Resources Immigration/Employment of Foreign Nationals
North Carolina E-Verify Law (G.S. 143-133.3)
USCIS Handbook for Employers (M-274)
University Policies, Standards, and Procedures
The University of North Carolina at Chapel Hill Form I-9 & E-Verify Procedure
The University of North Carolina at Chapel Hill Form I-9 & E-Verify Compliance Manual
The University of North Carolina at Chapel Hill Form I-9 Information for Departments
Contact Information
Policy Contact
The Office of Human Resources I-9 unit is responsible for this policy as well as policy compliance and enforcement. For assistance concerning this policy, please contact the I-9 Compliance Supervisor via the Office of Human Resources Service Center at (919) 843-2300.
Important Dates
Original Effective Date
- January 01, 2007, approved by: Associate Vice Chancellor, Office of Human Resources
Revisions
- December 13, 2021 Approved by: Associate Vice Chancellor, Office of Human Resources
- January 29, 2020 Approved by: Associate Vice Chancellor, Office of Human Resources