It’s the Law
Federal law requires all U.S. employers to complete an I-9, Employment Eligibility Verification form for each NEW employee, whether the worker is US citizen or foreign national.
On June 10, 2015 Texas Governor Gregg Abbott signed a bill that requires state agencies and institutions of higher education to verify the new employee’s employment authorization through E-Verify. This law is in effect as of September 1, 2015. Accordingly, the Texas A&M System Policy 33.99.12 pertaining to New Employee Processing, requires compliance with the I-9 Employment Eligibility Verification Process and E-Verify.
Electronic I-9 System
The Texas A&M System has implemented a system-wide I-9 electronic program. All I-9's will be completed in Workday. Employees are instructed to go to the Human Resources office on or before their first day of employment to provide their identification documents.
E-Verify is an internet-based system that compares information from an I-9 Form to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. TAMUCC must E-Verify new employees on or before the 3rd day of employment.
Compliance with I-9 Employment Eligibility Verification & E-Verify Laws
Complying with I-9 and E-Verify laws is a collaborative effort. Everyone from department heads and business managers, to the faculty or PI who hires the worker; to the person who creates the position to the Human Resources Dept. who reviews the I-9s and initiates E-Verify for the employee.
Roles and Responsibility
It is critical to the success of our I-9 program that those with hiring authority comply with the prescribed time lines of this process. Understanding the I-9 and E-verify requirements as well as our roles and responsibilities will ensure compliance and help us to avoid the penalties and fines associated with noncompliance.
Since each college and administrative department has the authority to extend job offers to students, adjuncts, and other temporary departmental hires, each department is responsible for ensuring the I-9 is completed.
The Human Resources Department is charged with completing I-9 forms for faculty, staff, and remote employees and for E-Verifying all employees. Questions regarding the I-9 process may be addressed to HR Immigration Specialist.
I-9 Timelines – No Exceptions, No Extensions, No Excuses!
I-9 Section 1 - A new employee must complete an I-9 form on or before (no later than) the first day of employment (first day of work for pay). Offer letters should advise new employees that they are subject to the I-9 employment verification and of their obligation to complete the I-9 process. Faculty, PI’s, and Department Hiring Managers must direct the new employee to their department’s I-9 Processor before the employee begins to perform services for the department. Section 1 of the I-9 form will be sent to the employee through workday with their new hire information.
I-9 Section 2 - Section 2 of the form must be completed by the employer (the Human Resources department) within three business days of the employee’s hire.
I-9 Section 3 – Section 3 of the form is designated for employee name changes, rehires, and re-verification of employment authorization. This part of the form is completed by Human Resources.
Additional resources for foreign national employees may be found on the Immigration Services website.
This webpage and the resources provided herein are designed to aid compliance with the I-9 and E-Verify Laws.