E-Verify I-9 Frequently Asked Questions (FAQ)

Q1 How early can Section 1 be completed by my new hires?
A1 Employee can complete Section 1 anytime before their first day or on their first day of their appointment. It is best to complete Section 1 before the first day of work, because it takes less time when completing Section 2 with the Service Team.

Q2 Can my new hires complete Section 2 before their appointment start date?
A2 No. The window in E-Verify does not "open" to complete Section 2 before the employee start date because it's integrated with E-verify and E-verify will not accept completion of Section 2 before the first day of work. This is because E-verify is not to be used to "pre-screen" an employee before their first day of work.

Q3 Does my current staff need to complete their I-9?
A3 I-9's are only required for new hires and re-verification as required by Federal regulations.

Q4 How do I correct an incorrect start date?
A4 If an employee enters an incorrect start date in Section 1, it can be changed by the I-9 Administrator (financial service team EAS) when completing Section 2.

Q5 What if my employee chooses the wrong location in Section I?
A5 If an employee chooses the wrong location in Section 1 of the I-9, the HRMS Call Center can correct it if the start date is "today" or plus three business days.

Q6 What documentation should be brought in for the I-9 verification?
A6 When employees complete Section 1 of the I-9, they are provided with a list of acceptable documentation from which they may choose to bring in order to complete Section 2. Employees may not be told what they should bring.

Q7 Do I make photocopies of the documentation?
A7 No, do not print or keep printouts of anything from the system. Keeping copies of any documents is prohibited.

Q8 What about my employee who is overseas?
A8 If an employee is overseas, and never on campus, no I-9 is needed. The I-9 is for employment in the US only.

Q9 When are the "I-9 Days" for International Students?
A9 I-9 Days at Donhowe for Foreign National Employees are August 31, September 2, September 8, and September 9.

Q10 I am an international student without a Social Security Number; now what?
A10 International students without a Social Security number must go to the Social Security Administration (SSA) to apply for a Social Security card. The SSA will issue a receipt which should be brought to the appointment made with Central Payroll to complete the I-9.

Q11 What about continuation of a foreign national appointment?
A11 If an appointment is being continued for a foreign national, the I-9 must be re-verified by Central Payroll if it has expired.

Q12 Is an I-9 required for 956x (fellowship) positions?
A12 Since students who hold fellowship appointments are not employees of the University, no I-9 form is required. However, if a student holds a 956x appointment concurrently with another appointment such as a TA or RA, then an I-9 is required. Also, if a student is appointed as a 956x one year, then a 9511 or a 9521 the next year, an I-9 must be completed when the 9511/9512 appointment begins.

Q13 What about rehires?
A13 Rehire language from the Office of Human Resources' "Form I-9 Regulations and Requirements" is as follows:

"An employee who is rehired within (3) three years of the date of the original hire (date the original I-9 form was completed) does not have to complete a new I-9 form, as long the employee is still eligible to work on the same basis as previously indicated on the I-9 form."

If it has been more than three years since an I-9 was completed, must a new one be completed? Per the above language, if it has been three years since original hire date, not since termination date, a new I-9 form must be completed.

Q14 What if my employee does not complete Section 2 of their I-9 within the first three days of employment?
A14 Federal law mandates that we not allow continued employment for anyone who has not completed their I-9 form within the first three days of their appointment. For those who do not complete their I-9 form within the first three days of their appointment, University administration has instructed us to suspend or terminate them (depending on the type of appointment) on day four; further we have been instructed to not un-suspend or reappoint them until the I-9 work is completed.

Q15 Who is responsible for initiating the suspension or termination?
A15 The department is responsible for providing the documentation required to suspend or terminate an employee based on the ineligibility to work. The department should work with the Service Team to complete the documentation.

Q16 Will a suspension or termination due to not completing the I-9 have any implications to my new hire's benefits?
A16 It is likely that the suspension/termination could have significant impact to an employee's pay, benefits, and immigration status.

Q17 How often is the HRMS system updated with the I-9 information?
A17 The HRMS system is updated with I-9 information on Monday and Wednesday nights. It may be run more often in the Fall Semester.

Q18 Are there any reports I can run to help track the I-9 status of my employees?
A18 There are no reports that can be run by departments or the service team at this time. They are being considered. Central Payroll runs a report every two weeks which identifies employees who are not in compliance. Central Payroll cannot pay these employees until the I-9 is completed. Central Payroll will contact the department for resolution.

Q19 Where can I find further information and training materials?
A19 Information can be found on the Office of Human Resources website at: http://www1.umn.edu/ohr/payroll/i9regs/index.html

About this Entry

This page contains a single entry by ludow006 published on August 26, 2009 1:03 PM.

I-9 Requirements and Compliance with Federal Law - Urgent was the previous entry in this blog.

MARK YOUR CALENDAR is the next entry in this blog.

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