I-9 & E-Verify
In 1986 – Congress passed the Immigration Reform and Control Act (IRCA). To comply with this regulation employees must complete a Form I-9. The Form I-9 verifies the identity and employment eligibility of individuals hired for employment in the United States after November 6, 1986. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.
E-Verify compares the information on the I-9 form to records available within the U.S. Department of Homeland Security and Social Security Administration. This electronic verification confirms the employee’s identity as well as the person’s eligibility to work in the United States. On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a final rule amending the Federal Acquisition Regulation (FAR). The regulation requires contractors with a federal contract that contains a FAR E-Verify clause (FAR 52.222-54) to use E-Verify.
- Reduces unauthorized employment
- Improves the accuracy of wage and tax reporting
- The system includes data to confirm the citizenship status of naturalized U.S. citizens
- The system includes a Photo Screening Tool to detect identify theft
No form I-9 is required if no remuneration of any kind is received in exchange for their services or labor.
- Section 1 must be filled out by the employee on or before the person’s start date.
- Section 2 must be filled out by the employer by the third day after the employee’s start date.
If the employee is not verified by the third date that individual cannot be allowed to continue working until the employee provides documentation. Once the I-9 is completed the employee can begin work. If an I-9 is signed later than 3 days past the start day the employer must give a detailed explanation within the I-9 comments section.
- Employees hired prior to November 6, 1986 are not subject to the E-Verify process.
- For example: an employee’s first day of work is on Monday, the employee completes Section 1. By Thursday, the employer has to complete Section 2.
The department must initiate the E-Verify process for employees assigned to the contract as follows:
- Employees currently at UMD and assigned to a new E-Verify contract must be E-verified within 90 days of UMD’s receipt of the fully-executed contract.
- Employees currently at UMD and newly assigned to an existing E-Verify contract must be E- Verified within 30 days of assignment to the contract.
- Employees who are new to UMD and assigned to an E-Verify contract must be E-Verified within 3 business days of being hired by UMD.
Note: Employees hired prior to November 6, 1986 are not subject to the E-Verify process.
You can present one document listed in List A OR a combination of one document from List B AND one document from List C.
Currently, the campus’s I-9 process is a decentralized paper process with a separate centralized E-Verify process. The purpose of I9 Complete is to transform and combine the current manual I-9 process along with the E-Verify process into one electronic solution. With an automated employment verification process, the university can ensure compliance, timeliness, and accuracy of completing these mandatory employment forms. It will also eliminate the need for paper storage of sensitive employee documentation across campus.
The University of Maryland, College Park will be using the I9 Complete System operated by Tracker Corp.
- Consistent compliance of I-9 and E-Verify documentation with the assistance of on-line help resources and system edits.
- Campus-wide monitoring of I-9 and E-Verify compliance to ensure timely completion of forms.
- Maintains compliance by tracking document expirations and re-verification requirements.
- Maintains I-9s and E-Verify information in a central database so that the documents associate with employees even when their appointments move to other units.
- Eliminating paper I-9s, as well as paper copies of sensitive documents from all over campus.
- I-9 information can be easily shared with the E-Verify process to eliminate duplicate document processing.
Tracker has implemented a strong, multi-level physical security where data is secured in Tier III data centers. These centers secure nightly backups and redundant systems to protect data in the event of a disaster. In addition to that, physical access is strictly monitored by guards, silent alarms, and video monitoring. All data and backups are encrypted. Tracker also has intrusion detection systems (IDS) where they detect suspicious activity and alert operations personnel, which is monitored 24/7. Finally, Tracker has also implemented security measures to ensure privacy from prying eyes where sensitive information can be masked (social security numbers, birth dates, etc.).
Starting June 2015 one of the academic colleges will pilot the system. The full campus implementation is anticipated for fall 2015.
Remote hires are University of Maryland employees that do not work on campus. They are employees who work for the University but are located out of state and even sometimes out of the country.
Only non U.S. citizens whose employment authorization or employment authorization documents are expiring will need to be reverified. In addition to that only List A and C documents are able to reverified.
Do not reverify:
- U.S. Citizens
- Lawful Permanent Residents (LPRs) who presented a Permanent Resident Card
(Form I-551) in Section 2
- List B documents
If you search for the employee in I-9 Complete and no record is retrieved, then that person will need a new I-9. If their record is retrieved then you will need to complete Section 3 on their Form I-9 to rehire the employee.
16. If I have an existing employee (prior to the implementation of I-9 Complete) that needs to be e-verified because they are now paid off a federal contractor. Do they need to create a new I-9?
Yes, if someone is switching to a federal contract and needs to be e-verified you will need to complete a new electronic I-9 for them in I-9 Complete.
Yes, we currently have email notifications that will remind you to complete forms in the following instances:
- Section 1 needs to be completed
- Section 1 has been completed
- Section 2 needs to be completed
- Reverification is due
- E-Verify needs to be submitted
- E-Verify Action is required
- E-Verify Cases need to be closed
- Section 2 Remote Access Completed
- Section 2 Remotes Access Declined
18. What do I do when I have an alien authorized to work who received their permanent social security number?
After you receive the permanent social security number for an employee who is an alien authorized to work, you can simply enter their permanent number into e-verify and then submit the case.
19. What should I do if an employee presents a Social Security card marked “NOT VALID FOR EMPLOYMENT,” but states that he or she is now authorized to work?
You should ask the employee to provide another document to establish his or her employment authorization, since such Social Security cards do not establish this and are not acceptable documents for Form I-9. Such an employee should go to the local SSA office with proof of his or her lawful employment status to be issued a Social Security card without employment restrictions.
20. What are the types of file formats you can use to upload the required documents that need to be retained with the I-9?
GIF, JPG, or PDF format
21. For the documents that need to be retained (U.S. Passport, U.S. Passport Card, Permanent Resident Card, and Employment Authorization Document) do I need to upload a copy of both the front and back of the document?
Yes, please make sure you have retained and uploaded both the front and backside of the document.
22. When using the Permanent Resident Card is the A-Number/USCIS # (provided in Section 1) the same number as the Document # (provided in Section 2)?
No, The A-Number/USCIS # is found on the front of the card and on the first line on the reverse of the card. The document number is found on the back of the card, also on the first line after the USCIS number. The document number starts with three letters followed by 10 digits. Below is an image where the numbers are located, blue is the A-Number/USCIS # and the red is the Document #.