Immigration Reform and Control Act (IRCA)




The Immigration Reform and Control Act of 1986 (IRCA) requires all employers, under penalty of fine and/or

imprisonment, to hire only U.S. citizens and aliens lawfully authorized to work in the United States and to maintain

documentation indicating compliance. Enforcement of this new law rests with the Department of Homeland Security

(DHS). An Employment Eligibility Verification (Form I-9) must be used in documenting compliance. Every employee

hired on or after June 1, 1987, must have a completed I-9 Form on file within three days of commencing work. See

" CLASSIFICATION OF EMPLOYEES " and " INDEPENDENTCONTRACTORS " in Section 1 of this Human Resources

Manual.

The DHS requires employers to certify examination, via Form I-9, of work authorization documents, acceptable to the

DHS, as a prerequisite to employment of anyone hired on or after June 1, 1987. Employers are responsible for updating

and/or re-verifying employment eligibility of employees whose employment eligibility documents carry an expiration date.

Questions pertaining to foreign passports, alien registration cards and VISAs should be directed to the Office of

International Services.

Those employed for less than three work days must provide identity and work authorization by the end of the first work

day. CSU has adopted an electronic system in which to complete the Form I-9 and SSA 1945. This system must be

used for all Form I-9 completions as of 1/1/17 forward, unless otherwise expressed by Human Resources.

General Provisions, Page 6

 

 


 

Section 1: Общие положения

I-9 Forms must be kept on file with the Human Resources Department for three years after the date of hire or for one

year after the date the employment is terminated, whichever is later.

To assure compliance with the IRCA, no appointment will be approved until a properly completed Employment Eligibility

Verification Form has been completed. Departments must follow the established University process outlined below:

1. Complete a Form I-9 for every employee within three days of hire or upon expiration of an existing Form I-9, as

1. prescribed by law.

2. Review certain documentation to ensure that the individual employee is authorized to work in the United States.

2. The documentation the employee presents shall be used as long as the documents satisfy the requirements

2. listed on the Form I-9.

a. If the documents presented appear valid on their face, and if they meet the requirements listed for the

form, the review of the documents is sufficient and no further action is necessary.

b. If the documents presented appear to have been tampered with or do not appear to be “authentic”, the

matter should be referred to the Executive Director and Chief Human Resource Officer of the Human

Resources Department for resolution.

3. If separate information is received regarding an individual’s immigration status, the University may be obligated to

3. review and respond to that information as deemed appropriate, based upon the circumstances. These cases

3. should be referred to the Executive Director and Chief Human Resource Officer of the Human Resources

3. Department.

For more information on completion of the Form I-9, please refer to the USCIS, Handbook for Employers: Guidance for

Completing the Form I-9 (Employment Eligibility Verification Form).

NOTE: Departments should contact the Executive Director and Chief Human Resource Officer of the Human Resources

Department, Office of Equal Opportunity or Office of General Counsel before taking any employment action related to

the I-9 process which might deviate from the process outlined above.



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