Title
The University of North Carolina at Chapel Hill Procedure for Form I-9 & E-Verify
Introduction
Purpose
The University of North Carolina at Chapel Hill (UNC Chapel Hill) is committed to complying with federal and state employment eligibility verification laws and regulations for employees hired to work in the United States. 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.
In addition, the University complies with Executive Order 13465 - Amending Executive Order 12989, which directs all federal contractors to use an electronic employment eligibility verification system to verify the employment eligibility of employees performing work under a covered federal contract. The system, E-Verify, is used to verify employment eligibility once the Form I-9 is completed.
Further, the University complies with the Department of Homeland Security's amended regulations, which 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 live video call.
It is crucial that all Forms I-9s and E-Verify verifications are completed according to the Procedure outlined below as failure to complete Forms I-9 and E-Verify verifications properly and on time may result in substantial fines and other penalties. For additional information, please refer to the Purpose section of the Form I-9 & E-Verify Policy.
Scope of Applicability
This procedure applies to campus I-9 preparers, Office of Human Resources I-9 Specialists, Department Heads, HR Officers as well as employees required to complete a Form I-9.
Procedure
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
All University employees who are designated as I-9 preparers are responsible for the proper management of Forms I-9 for faculty, postdocs, and direct-hire SHRA/EHRA temporary employees. I-9 preparers are responsible for ensuring that a Form I-9 is completed for each employee hired to work in the United States after November 6, 1986 and ensuring that the Form I-9 is completed correctly and timely.
In addition, they are responsible for reviewing Section 1 of the Form I-9, reviewing and uploading original and unexpired supporting documents, completing and certifying Section 2 of the Form I-9, amending the I-9 when necessary, monitoring expiring employment authorizations and reverifying employment eligibility in Section 3 of the Form I-9 on or before expiration of the employee’s current work authorization. They are also responsible for preventing discrimination in the Form I-9 process.
I-9 preparers are also responsible for retaining and destroying (when appropriate) historical paper Forms I-9 completed after November 6, 1986 through the implementation of the University’s electronic I-9 system on May 10, 2010. Finally, they are responsible for following Form I-9 procedures as outlined in the USCIS Handbook for Employers (M-274) and The University of North Carolina at Chapel Hill Form I-9 & E-Verify Compliance Manual.
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 and E-Verify requirements, USCIS Handbook for Employers (M-274) as well as the University’s Form I-9 policy, procedure, 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 I-9 Unit
The Office of Human Resources (OHR) I-9 unit is responsible for completing and certifying Forms I-9 for permanent SHRA, EHRA non-faculty and certain faculty who attend new employee orientation on their first day of work. In addition, they are responsible for auditing all Forms I-9 completed across campus prior to submission to E-Verify. In addition, they consult with campus I-9 preparers and employees to remediate and correct Form I-9 issues.
Further, the OHR I-9 unit is responsible for managing E-Verify verifications, resolving E-Verify tentative and final nonconfirmations, facilitating the completion of Forms I-9 for remote hires when needed, periodically monitoring expiring work authorizations, delivering training to I-9 preparers, and conducting periodic post audits. The unit is also responsible for ensuring that training and resource materials are current as well as actively staying abreast of state, federal and University policy and procedures, interpretations and HR best practices that affect the I-9 and E-Verify process.
Training and Systems Access
All campus I-9 preparers must complete Form I-9 training before they may begin preparing Forms I-9 and gain access to the electronic I-9 system. To become an authorized campus I-9 preparer, the individual must complete all computer-based (CBT) and virtual training class requirements.
In order to gain access to the Form I-9 computer-based training, the proposed I-9 preparer (or HR Officer) must contact the OHR/I-9 unit by calling the I-9 hotline at (919) 962-0985 or sending an email to eevquestions@listserv.unc.edu. Individuals must register for the electronic I-9 system training class in Carolina Talent located in ConnectCarolina Self Service.
Once all training requirements are completed, the school/division or department must submit an HR Systems Access Request form to his or her school’s or division’s Access Request Coordinator (ARC). Once training completion has been confirmed and systems access is approved, LawLogix access will be granted to the I-9 preparer.
USCIS Handbook for Employers (M-274) and University Form I-9 & E-Verify Compliance Manual
All university staff who have Form I-9 responsibilities are expected to become familiar and regularly refer to the most current version of the USCIS Handbook for Employers (M-274) and university’s Form I-9 & E-Verify Compliance Manual.
Form I-9 & E-Verify Workflow
UNC Chapel Hill follows a defined workflow for completing the Form I-9 and E-Verify processes in order to ensure that all new hires are eligible to work in the United States and all required verification and documentation steps are completed according to state and federal regulations and requirements. Following, is a high level review of the workflow.
Step, Description, and Responsibility Table
| Step |
Description |
Responsibility |
| Extend Job Offer and Confirm Offer Acceptance |
Extends the job offer to candidate and confirms acceptance of offer in writing. The job offer letter or Conditions of Employment must include the employee’s name, position title, department, start date, and starting salary. |
Talent Acquisition Partner (permanent SHRA only)
-or-
HR Representative (all other hires)
|
| Initiate Form I-9 and Complete Section 1 |
Initiates the Form I-9 and sends an email invitation to the new hire via the electronic I-9 system. This enables the new hire to review Form I-9 instructions, Lists of Acceptable Documents, upload document(s) using the document capture feature, and complete Section 1 in advance of the hire date. |
Talent Acquisition Partner (permanent SHRA and EHRA non-faculty hires only)
-or-
Campus I-9 Preparer (all other faculty, postdocs, and temporary hires) |
| Verify Immigration Status |
If UNC Chapel Hill has sponsored the new hire for employment in the U.S. (e.g., H-1B, J-1, F-1, TN visa, etc.), verifies the individual’s employment authorization is current as of the date that employment is scheduled to begin. For new F-1 and J-1 visa holders, verifies the individual is active in the Department of Homeland Security’s Student and Exchange Visitors Information System (SEVIS) prior to them beginning work for the University. |
Campus I-9 Preparer
-or-
School/Division Immigration Specialist |
| Complete Section 2 Review Supporting Document(s) |
Within three (3) business days of the new hire’s first day of work for pay or other remuneration, examining original identity and work authorization document(s) presented by the employee either in-person or using the alternative inspection option. |
Campus I-9 Preparer |
| Capture Supporting Document(s) |
Scans all supporting documents and uploads into the electronic I-9 system if the employee chose not to use the document capture feature. |
Campus I-9 Preparer |
| Review Form I-9 |
Reviews the completed Form I-9 and supporting documents to ensure information was recorded correctly. |
OHR I-9 Specialist |
| Submit E-Verify |
Submits I-9 information to E-Verify using the electronic I-9 system and responds to any immediate E-Verify prompts (closing case, additional information, photo match, etc.). |
OHR I-9 Specialist |
| Manage Tentative Nonconfirmation (TNC) |
If E-Verify case receives a TNC, provides the employee with the Further Action Notice (FAN) and explains the resolution process. |
OHR I-9 Specialist |
| Monitor E-Verify Status |
Monitors all pending E-Verify cases (e.g. TNC in process) and initiates next steps as needed (which may include reminding the employee to visit Social Security Administration (SSA) or contact Department of Homeland Security (DHS)). |
OHR I-9 Specialist |
| Retain Form I-9 and E-Verify Verification |
Maintains Forms I-9 (along with attached E-Verify case details) retained in the electronic I-9 system as per I-9 retention requirements. |
OHR I-9 Specialist |
Exceptions
University employees hired on or before November 6, 1986, are excluded from Form I-9 and E-Verify requirements.
Definitions
Refer to the Definitions section of the related Policy.
Related Requirements
External Regulations and Consequences
University Policies, Standards, and Procedures
Contact Information
Primary Contact
For questions concerning Form I-9 procedures, please contact the Office of Human Resources I-9 unit at (919) 962-0985.
Important Dates
Original Effective Date
- January 01, 2007, Approved by: Associate Vice Chancellor, Office of Human Resources
Revisions
- 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