Form I-9 Policy

Effective Date	January 11, 2016
Last Updated	September 25, 2016
Responsible University Officer	Martha Peugh-Wade, Associate Vice President, Compliance
Policy Owner	Diane Nelson, Associate Vice President, Human Resources
Policy Contacts	Human Resources Email

Policy Statement

The United States Citizenship and Immigration Services (USCIS) requires employees to provide identification and proof of their authorization to work in the United States via the Form I-9. This Policy governs the completion, filing, retention, and disposal of the University of San Francisco (USF) Forms I-9 for all employees who work at the hilltop campus, downtown campus, or other additional campuses or locations. The Form I-9 for Remote Hires Policy should be referenced for employees who are unable to complete a Form I-9 at the aforementioned locations.

For more information about the detailed procedures regarding the implementation of this Policy, please contact Human Resources at humanresources@usfca.edu.

Throughout the entirety of this Policy, “employees” refers to faculty and staff only, not student employees, unless otherwise noted. Human Resources processes and maintains Forms I-9 for faculty and staff; Student Employment processes and maintains Forms I-9 for student employees.

Reason for Policy

Because the USCIS requires employees to provide identification and proof of their authorization to work in the United States, employers must complete the Form I-9 to document and verify the identity and employment eligibility of each new employee to work in the United States, for both citizens and noncitizens hired after November 6, 1986.

Additionally, the Immigration and Nationality Act prohibits employers from discriminating against individuals based on their citizenship or immigration status or based on their national origin as gathered from the Form I-9 process. To this point, USF has created this Policy to ensure that all employees who verify Forms I-9 are properly trained.

Who Should Read this Policy

Any employee who is responsible for receiving Forms I-9 from new and existing employees of USF including but not limited to: HR on hilltop campus, additional campuses or locations, authorized representatives, members of the Leadership Team, Business Officers, and managers who supervise an employee with such responsibilities.

Policy Text

Who Must Complete the Form

All USF employees who began work after November 6, 1986 and anyone labelled “active” in USF’s human capital management (HCM) system must complete a Form I-9 with USF's Human Resources (USF HR) at hilltop campus, at an additional campus or location, or with an authorized representative. Student employees who began work after November 6, 1986 must complete a Form I-9 with Student Employment. Employees with start dates prior to November 6, 1986 are exempt from the requirement to submit a Form I-9.

Authorized Representatives

USF HR must approve, authorize, and train any USF representative acting in its behalf for processing Forms I-9. Specific schools and departments are not to secure an authorized representative without USF HR’s approval. USF HR may designate HR personnel from a college or university outside of California to be an authorized representative. The Department of Homeland Security (DHS) does not require the authorized representative to have specific agreements or other documentation for Form I-9 processing purposes. If an authorized representative fills out Forms I-9 on behalf of USF, USF is still liable for any violations in connection with the form or the verification process.

When completing the Form I-9, the authorized representative must physically examine each document presented by the employee to determine if it reasonably appears to be genuine and relates to the employee. Reviewing or examining documents via webcam is not permissible.

If the authorized representative refuses to complete a Form I-9, including providing a signature, another authorized representative will be selected. In rare occasions, USF will select a notary for this purpose. If selected, the notary public must act as an authorized representative of USF, not as a notary. The notary public must perform the same required actions as any other authorized representative. When acting as an authorized representative, a notary public should not provide a notary seal on the Form I-9. If a particular state’s law supersedes this USF policy, then the HR Director of Employment must be consulted. The new employee will pay fees associated with a notary.

Name and Misinformation Changes to a Form I-9

Employees are responsible for informing USF HR of any changes that may affect the information contained on their Form I-9. USF HR will update Forms I-9 to maintain accurate information. If an employee informs USF HR of a change, USF HR requires that employee present documentation to show the reason for the change or misinformation on their current Form I-9. Changes must be well-documented in this manner in case of a government audit of USF’s Forms I-9.

Retention, Termination, and Disposal

Employees’ completed Forms I-9 are retained in the I-9 active binder for as long as they work for USF. If an employee is terminated, the government requires USF to retain the Form I-9 for either three years after the date of hire or one year after the date of termination, whichever is later. USF retains the pages of the form on which the employee and employer enter data. Copies of documentation presented by the employee are also retained. As of January 2015, USF HR no longer retain copies of supporting documents that were presented. Unnecessary documentation is shredded on an annual basis.

Procedures

Completion of Form I-9 by HR on Hilltop Campus (San Francisco)

Section 1, Employee Section: Employees are provided the Form I-9 in an automated new hire welcome email generated by the HCM system. Employees are to date, sign, and complete Section 1 of the Form I-9 by their first day of employment.
Section 2, Employer section: Those at USF responsible for receiving new hire paperwork are to complete Section 2 of the Form I-9 by the third day of employment. Anyone receiving new hire paperwork, including Forms I-9 in particular, must be trained by HR.
Section 3: This is completed by USF for employees who are (1) rehired or (2) require re-verification of employment authorization or (3) have a legal name change.
Departments are not to make and/or keep photocopies of Forms I-9.

Completion of Form I-9 by Additional Campuses or Locations and Authorized Representatives

Additional campuses or locations and representatives authorized by HR are responsible for the collection of new hire paperwork, including Forms I-9. Once the paperwork for a new employee is complete, the additional campuses or locations and authorized representatives should:

Inform HR that a faxed copy of all new hire paperwork is being sent by calling (415) 422-6707 or emailing humanresources@usfca.edu.
Once HR has confirmed receipt of the fax, immediately mail original documents via certified mail, Fed Ex, or another traceable mail service, to:
University of San Francisco
ATTN: Human Resources
Lone Mountain Main, Room 339
2130 Fulton Street
San Francisco, CA 94117

Additional campuses or locations and authorized representatives are required to participate in continuous Form I-9 training as directed by HR and often provided online by USCIS.

Related Information

Type	Name and Location
USF	Human Resources
USF	Form I-9 for Remote Hires Policy
External	I-9 Central

Definitions

Visit the U.S. Citizenship and Immigration Services’ Glossary web page for a detailed list of words and definitions relevant to this policy.

Additional Contacts

N/A

Forms

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Responsibilities

Please see Policy Text and Procedures sections.

FAQ

Visit the U.S. Citizenship and Immigration Services’ Form I-9 web page for frequently asked questions about the Form I-9.

Appendices

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