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U.Va. Human Resources
Employment and Staffing Policies
New Hire Employment Eligibility Verification (I-9)

Purpose
The purpose of this policy is to provide information for compliance with the federal Immigration Reform and Control Act (IRCA). The Act requires that employers certify the citizenship status, identity and employment authorization of all new employees, including United States citizens, within three (3) days of employment. The law seeks to preserve jobs for those who are legally entitled to them, and states that the employer must hire only United States citizens or aliens who are authorized to work in the United States.

Policy
The United States Citizenship and Immigration Service (USCIS) requires the completion of the Employment Eligibility Verification Form (Form I-9) to verify that persons are eligible to work in the United States. The Act requires the employee to complete Section 1 of the Form I-9 when they start to work. The authorizing supervisor or a representative from University Human Resources must certify documents establishing the employee's identity and eligibility to work by completing Section 2 of the form. The Act also prohibits discrimination in employment and supervisors who knowingly hire unauthorized aliens are subject to both civil and criminal penalties. It is not illegal to give preference to a U.S. citizen over an alien if the two individuals are equally qualified. An employer may not adopt a blanket policy of always preferring a qualified citizen over a qualified alien.

University Human Resources is required to retain Form I-9 for at least three years. When a person is employed for more than three years, the form must be retained for one year after the separation date. Forms must be available for inspection by a USCIS or U.S. Department of Labor official upon request.

If documentation is unavailable, and has been applied for by the employee, a receipt is required for verification. The employee must produce the actual document within ninety days of hire.

Failure to complete form I-9 or to provide documentation within three business days will result in the employee's removal from the payroll system for wage employees. Salaried faculty and staff will be placed on leave without pay.

Procedure
A new employee must complete Section 1 of Form I-9 with name, address, date of birth, Social Security Number (optional) and birth name. The block which correctly indicates the employee's immigration status must be checked.

The authorizing supervisor or a representative from University Human Resources must complete Section 2 by examining evidence of identity and employment eligibility.

Documents which may be used to determine employment identity and eligibility are listed on the back of the Form I-9. List A documents establish the identity and employment eligibility of an employee, therefore, only one document is needed from List A. If a List A document is not available, two documents must be provided, one from List B which establishes identity, and one from List C which establishes employment eligibility. The applicant can select which document(s) to present when there is a choice.

If the employee is other than a U.S. citizen, the Form I-9 must be completed and documents verified by the human resources contact within the individual's department or school prior to beginning employment. If the employee is an alien lawfully admitted for permanent residence (Box 2 on I-9 form), the original alien registration card must be provided. If the employee is an alien authorized by the USCIS to work in the United States (Box 3 on the form), original documents indicating the alien registration number or admission number must be provided as well as the date of expiration of that status, if any.

Form I-9 is available on a template or hard copy in University Human Resources or may be accessed online. Additional forms may be copied or generated by computer using the template.

LIST OF ACCEPTABLE DOCUMENTS FOR EMPLOYMENT VERIFICATION

List A--Documents that Establish Both Identity and Employment Eligibility
  • U.S. Passport (unexpired or expired)
  • Unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating unexpired employment authorization
  • Unexpired Temporary Resident Card (Form I-688)
  • Unexpired Employment Authorization Card (Form I-688A)
  • Unexpired Employment Authorization Document issued by the INS, which contains a photograph (Form I-688B)
  • Unexpired Employment Authorization Document (EAD card) (Form I-766)
List B--Documents that Establish Identity
  • Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address.
  • ID card issued by federal, state, or local government agencies or entities provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address.
  • School ID with a photograph.
  • Voter's registration card.
  • U.S. Military card or draft record.
  • Military dependent's ID card.
  • U.S. Coast Guard Merchant Mariner Card.
  • Native American tribal document.
  • Driver's license issued by a Canadian government.
  • For persons under age 18 who are unable to present a document listed above:
    • Clinic, doctor, or hospital record.
    • Day-care or nursery school record.
List C--Documents that Establish Employment Eligibility
  • U.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for employment).
  • Certification of Birth Abroad issued by the department of State (Form FS-545 or Form DS-1350).
  • Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal. Native American tribal document.
  • U.S. Citizen ID Card (Form I-197).
  • ID Card for use of Resident Citizen in the United States (Form I-179).
  • Unexpired employment authorization document (other than those issued under List A).
Tips for Completing I9s

All information in Section 1 must be completed by the employee. It is especially important that the employee sign and date the form.

All information in Section 2 must be completed by a University representative. The representative must also sign and date the form for it to be complete.

The documents needed to verify the American citizen I9s are listed on the back of the I9:
  • List A - passport
  • List B - driver's license, military ID card, UVA ID, student ID
  • List C - birth certificate, social security card
The documents needed to verify the foreign national I9s are listed on the back of the I9.
  • F1 - I-20, EAD verified in List C, foreign passport verified in List A
  • J1 - IAP66 verified in List C, foreign passport verified in List A
  • J2 - EAD card verified in List C, foreign passport verified in List A
  • H1B1 - I797 verified in List C, foreign passport verified in List A
  • PR - "Green Card" verified in List A
Copies of documents needed for foreign national I9s:
  • F1 - copies of I-20. I-94, EAD/Practical Training, picture page of passport
  • J1 - copies of IAP66, I-94, picture page of passport
  • J2 - EAD card, I-94, picture page of passport
  • H1B1 - Approval notice/I797, I-94, picture page of passport
  • PR - Alien Registration receipt card/"Green card", or I551 stamp in passport