Form I-9 & E-Verify Procedure

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" 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 for every new employee hired to work in the United States after November 6, 1986. UNC-Chapel Hill does knowingly hire or continue to employ any person not authorized to work in the United States, and does discriminate against U.S. citizens, lawful permanent residents, or other foreign national individuals who are authorized to work.

It is crucial that all Forms I-9s and E-Verify verifications are completed according to the Procedure outlined below as failure to comply with Form I-9 and E-Verify requirements may result in substantial fines and other penalties to the University. For additional information, please refer to the Purpose section of the Form I-9 & E-Verify Policy.

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 Form I-9 and E-Verify responsibilities including campus I-9 preparers, department heads, HR Officers, and the Office of Human Resources I-9 unit.

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. 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 also responsible for maintaining proof of legal employment eligibility in the United States throughout their employment with the University.

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 Supplement B (formerly 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.

Document Inspection Methods

Physical Document Inspection

The default method of verifying an employee’s Form I-9 documentation is physically examining the documents that an employee supplies, along with the Form I-9, to verify the identity and authorization of an employee to work in the United States.

Remote Verification of Form I-9 Documentation (Optional Alternative Procedure to Physical Document Examination)

The university has chosen the option to remotely examine an employee’s documentation using an optional alternative procedure to the physical document examination authorized by the Secretary of the Department of Homeland Security (DHS).

Campus I-9 preparers must consistently offer the remote verification option to all employees, without discrimination. However, employees are not obligated to participate in remote verification and may choose to present their documents using the default physical document inspection. If an employee chooses physical document inspection, the campus I-9 preparer must be available to meet with the employee in-site.

Campus I-9 preparers must follow specific steps when completing remote verification of the employee’s identity and employment authorization document(s):

1. The employee must complete Section 1 of Form I-9 no later than the first day of work for pay via the University’s electronic I-9 system.
2. The employee must select the identity and employment authorization document(s) they wish to present for the Form I-9 and transmit a front and back copy of the document(s) that will be examined remotely by the campus I-9 preparer prior to a live video interaction. Document(s) must be submitted by the employee via the University’s electronic I-9 system or OneDrive.
3. The campus I-9 preparer or remote agent designated by the Office of Human Resources I-9 Unit must examine copies (front and back, if the document is two-sided) of Form I-9 documents or an acceptable receipt to ensure that the documentation presented reasonably appears to be genuine and relates to the employee.
4. The campus I-9 preparer or remote agent designated by the Office of Human Resources I-9 Unit must conduct a live video interaction with the individual presenting the document(s) to ensure that the documentation reasonably appears to be genuine and relates to the individual. The employee must present the same document(s) during the live video interaction that were submitted to the University prior to the video interaction. The campus I-9 preparer or remote agent must complete Section 2 of the Form I-9 within three business days of the first day of work for pay.
5. The University must retain a clear and legible copy of the documentation (front and back if the documentation is two-sided) for as long as the employee works for the University and at least three years after the employee’s start date, or for one year after the separation date, whichever is later.

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.

Exceptions

This procedure does not apply to the following employees:

• University employees hired on or before November 6, 1986 and who 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

Refer to the Definitions section of the related Policy.

Related Requirements

External Regulations and Consequences

• 8 U.S.C. § 1324a, Immigration Reform and Control Act of 1986 (IRCA)
• 8 U.S.C. § 1324b(a)(1)(A), Immigration and Nationality Act (INA)
• Executive Order 13465 Amending Executive Order 12989
• 48 CFR Parts 2, 22, and 52, Federal Acquisition Regulation; FAR Case 2007–013, Employment Eligibility Verification
• N.C.G.S. § 126-7.1(i), State Human Resources Act
• N.C.G.S. 143-133.3, North Carolina E-Verify Law
• 25 NCAC 01H .0636, North Carolina E-Verify Administrative Code
• Federal Register: Optional Alternative 1 to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9)
• Office of State Human Resources Form I-9 and Employment Eligibility Verification Policy
• USCIS Handbook for Employers (M-274)  
• E-Verify User Manual

University Policies, Standards, and Procedures

• Form I-9 & E-Verify Policy
• Form I-9 & E-Verify Compliance Manual
• Form I-9 Information for Departments Webpage

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

• 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