Policies and Procedures Manual

Chapter 5: Personnel

05:07:04   Immigration Reform Act Requirements

The Immigration Reform and Control Act of 1986 imposes an affirmative duty on all employers to refrain from hiring known unauthorized aliens and to verify the status and identification of all new employees. The Employment Verification System requires that the employer attest, under penalty of law, that the employee being hired is not an unauthorized alien by examining an original document or documents that establishes identity and employment eligibility. Lists of acceptable documents are:

List A

OR

List B

AND

LIST C
Documents that Establish Both Identity and Employment Eligibility Documents that Establish Identity Documents that Establishment Employment Eligibility
  1. U.S. Passport (unexpired or expired)
  1. 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, gender, height, eye color and address
  1. U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment)
  1. Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
  1. ID card issued by a federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address
  1. Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)
  1. An unexpired foreign passport with a temporary I-551 stamp
  1. School ID card with a photograph
  1. 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
  1. An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I-688B)
  1. Voter's registration card
  1. Native American tribal document
  1. U.S. Military card or draft record
  1. U.S. Citizen ID Card (Form I-197
  1. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, if that status authorizes the alien to work for the employer
  1. Military dependent’s ID card
  1. ID Card for use of Resident Citizen in the United States (Form I-179)
  1. U.S. Coast Guard Merchant Mariner Card
  1. Native American tribal document
  1. Unexpired employment authorization document issued by DHS (other than those listed under List A)
  1. Driver’s license issued by a Canadian government authority
  1. Passport from the Federated States of Micronesia (FSM) or the Republic or the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association between the United States and the FSM or RMI
For persons under age 18 who are unable to present a document listed above:  
  1. School record or report card
     
  2. Clinic, doctor or hospital record
     
  3. Day-care or nursery school record

Of the several documents listed above, the most readily available combination to be provided by most individuals would be a state driver’s license and a social security card.

Certification/Verification Responsibility: It is the responsibility of designated officials of this institution to ensure that an unauthorized alien is not employed and to identify the documents reviewed to determine this fact. This law is applicable to all categories of employment at Northeast State Community College, i.e. full-time and part-time administrators, faculty, professional non-faculty, clerical and support staff, adjunct faculty, and all categories of student employment. The eligibility/identification certification shall be recorded on an official Department of Justice form (INS Form I-9). The eligibility certification portion of the form shall be completed and signed by the applicant for employment. The employer verification portion of the form shall be completed and signed by a designated responsible official of the College. A completed Employment Eligibility Verification Form I-9 shall be maintained in the office of the appropriate official for each employee hired on or after June 1, 1987.

Retroactive Verification: All employers have until September 1, 1987, in which to complete I-9 forms for employees hired from November 7, 1986 through May 31, 1987. Employees who were hired after November 7, 1986, but either quit or were terminated prior to June 1, 1987, need not be verified.

Responsible Officials: The following officials are responsible for insuring the accomplishment of the required eligibility/identification certification by category of employees prior to completion of the hiring process:

Category Responsible Official
Full-time Administrative, Faculty, Professional Non-Faculty, and Clerical and Support Staff Director of Human Resources
Part-time Administrative, Faculty, Professional Non-Faculty, and Clerical and Support Staff Director of Human Resources
Adjunct Faculty Assistant Vice President for Multi-Campus Programs
CEU Faculty Coordinator, Business Related Workforce Solutions 
College Work-Study Program
TBR Work Scholarship Program
Director of Financial Aid
Student Navigators Program Director of Student Life
Personal Services Contract Chief Financial Officer
*The INS Form I-9 is not required for independent contractors or persons engaged in casual domestic employment

Re-employment: When an employer hires a person for whom a Form I-9 was previously completed, a new form need not be filled out if the rehiring occurs within three years of the original employment, and an inspection of the form reveals that the individual is still eligible to work in the United States.

Forms: The Human Resources staff will stock and distribute Department of Justice Employment Eligibility Verification forms.

Effective Date: This policy is effective for all categories of employees hired on or after June 1, 1987, and retroactive to November 7, 1986, in certain cases.



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Divisional Review Responsibilities Checklist: Human Resources

Revision History: November 2002, November 2005, May 2007, August 2008, August 2010, October 2011, March 2013, June 2017