Title
University of North Carolina at Chapel Hill Policy on Form I-9 & E-Verify
Introduction
Purpose
The federal Immigration Reform and Control Act (IRCA) amended the Immigration and Nationality Act (INA) by making it unlawful to hire, recruit or refer for a fee any individual who is not authorized to accept employment in the United States. As required by IRCA, the University is required to certify the Form I-9, Employment Eligibility Verification for each new employee (both U.S. Citizen and noncitizen) hired after November 6, 1986, to work in the United States by completing the Form I-9 and reviewing the employee’s identity and employment authorization document(s) within three days of employment. Federal law prohibits employers from conducting the Form I-9 and E-Verify processes before the employee has accepted an offer of employment.
Additionally, under the State Human Resources Act and Federal Acquisition Regulation (FAR) (FAR case 2007-013, Employment Eligibility Verification), the University verifies each employee’s legal status or authorization to work in the United States, after hiring the individual to work in the United States, in accordance with the E-Verify Program requirements. E-Verify is an web-based verification system operated by the United States Citizenship and Immigration Services (USCIS) and enables employers to confirm the eligibility of their newly hired employees to work in the U.S. by electronically matching information on the employee’s Form I-9 against records available to the Social Security Administration (SSA) and Department of Homeland Security (DHS). E-Verify is in addition to the current requirements governing the Form I-9 - Employment Eligibility Verification and is not a substitute.
The University of North Carolina at Chapel Hill ("UNC-Chapel Hill" or "University") is committed to complying with employment eligibility verification requirements through the certification of the Form I-9 and verification through the E-Verify system. UNC-Chapel Hill does not knowingly hire or continue to employ any person not authorized to work in the United States, and does not discriminate against U.S. citizens, lawful permanent residents, or other foreign national individuals who are authorized to work.
This policy does not address the process of obtaining employment authorization, establishing immigration status, or other immigration or employment-related issues.
Scope
This policy applies to University employees hired to work in the United States after November 6, 1986, and individuals who are responsible for managing I-9 and E-Verify responsibilities including campus I-9 preparers, department heads, HR Officers, and the Office of Human Resources I-9 unit.
Policy
Policy Statement
The University is committed to compliance with federal and state Form I-9, E-Verify, anti-discrimination, electronic recordkeeping, electronic signature and data security requirements in the maintenance and retention of Forms I-9.
To ensure compliance with federal laws, state laws, Office of State Human Resources and University policies, all UNC-Chapel Hill employees hired after November 6, 1986, must comply with Form I-9 and E-Verify requirements. The Form I-9 and E-Verify process is completed in a non discriminatory manner and, in the case of new hires and rehires, only after the individual has accepted an offer of employment.
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 following a break in service of at least one calendar day. The employee is responsible for completing Section 1 and presenting a valid combination of original identification and work authorization document(s) for Section 2 of the Form I-9. The employee is responsible for maintaining proof of legal employment eligibility in the United States throughout their employment with the University.
I-9 Preparers
Campus I-9 preparers are responsible for managing and completing Forms I-9 for faculty, postdocs and SHRA/EHRA temporary employees consistent with federal and state laws as well as state and University policies. This includes ensuring that Forms I-9 and E-Verify verifications are completed properly and on time as well as working with employees to remediate compliance issues, when needed. In addition, they are responsible for completing mandatory Form I-9, E-Verify and electronic I-9 system training.
In addition, campus I-9 preparers are responsible for understanding, following and staying up to date on Form I-9 and E-Verify regulations, the USCIS Handbook for Employers (M-274) as well as the University's Form I-9 policy, procedures, Form I-9 & E-Verify Compliance Manual, training and supplemental resources (e.g., Quick Reference Cards (QRCs)).
Department Heads and HR Officers
Department heads and HR Officers are responsible for ensuring that Forms I-9 for their units are managed and completed according to Form I-9 and E-Verify requirements, USCIS Handbook for Employers (M-274) as well as the University’s Form I-9 policy, procedures, Form I-9 & E-Verify Compliance Manual and supplemental resources. This includes ensuring that Forms I-9 and E-Verify verifications are completed properly and on time.
In addition, they are responsible for setting expectations for I-9 preparers, monitoring their performance, holding them 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 managing the campus Form I-9 and E-Verify program, policy, procedures, compliance manual, and training. They are also responsible for auditing Forms I-9 and working with campus HR Officers, I-9 preparers, and employees to remediate compliance issues.
In addition, the OHR I-9 unit is responsible for completing Forms I-9 for permanent SHRA, EHRA non-faculty and certain faculty employees who attend new employee orientation.
Recordkeeping
The University is required to retain Form I-9 for the duration of an individual’s employment. If an employee separates from the University, the form must be kept on file for at least three years after the individual’s start date, or for one year after the separation date, whichever is later. The confirmation that a new employee has been verified as eligible to be employed through E-Verify is attached to the Form I-9 and it is retained for the same length of time as the Form I-9.
Paper Forms I-9 completed after November 6, 1986, through May 9, 2010, are retained by the campus hiring department for the duration of the retention period. Campus hiring departments are responsible for retaining Forms I-9 in a secure location and destroying forms following confidential records destruction procedures once the retention period ends.
Forms I-9 completed on or after May 10, 2010, are retained in the University’s electronic I-9 system for the duration of the retention period.
Exceptions
This policy does not apply to the following employees:
- University employees hired on or before November 6, 1986, and have been continuously employed by the university since that date.
- An employee returning from paid or unpaid leave.
- An employee who has been promoted, demoted, reassigned, or received a lateral transfer.
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 identity and 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 eight (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: The University's electronic I-9 vendor system, which is used to complete and retain Forms I-9 and 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.
Optional Alternative Procedure to Physical Document Examination: On July 25, 2023, the Department of Homeland Security published amended I-9 regulations in the Federal Register. Effective August 1, 2023, the regulations provide an optional alternative option to the Form I-9 in-person physical document examination requirement. Employers that participate in E-Verify and are in good standing (in compliance with Form I-9 and E-Verify requirements) have the option to use the alternative procedure to inspect an employee's identity and employment authorization document(s) via a live video call. At the University, Zoom or Teams may be used to conduct the video call.
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 the 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.
The University of North Carolina Form I-9 & E-Verify Compliance Manual: The manual outlines the detailed Form I-9 and E-Verify procedures for campus I-9 preparers and Office of Human Resources I-9-unit staff.
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.
Related Requirements
External Regulations and Consequences
Failure to comply with the following federal and state Form I-9 and E-Verify regulations may result in significant monetary fines and penalties to the University, criminal prosecution, and/or debarment from receiving or participating in federal contracts and/or receiving other government benefits. In addition, the University may not be eligible to use the alternative inspection option.
University Policies, Standards, and Procedures
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
- October 25, 2023, Approved by: Senior Associate Vice Chancellor for Human Resources and Academic Personnel
- August 1, 2023, Approved by: Senior Associate Vice Chancellor for Human Resources and Academic Personnel
- December 13, 2021 Approved by: Associate Vice Chancellor, Office of Human Resources
- January 29, 2020 Approved by: Associate Vice Chancellor, Office of Human Resources