I-9 Employee Eligibility Verification

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Quick Links to I-9 Express

Use employer code 13636.

August 20 Payroll Forum WebEx Recording and Presentation Now Available

The August 20, 2018, Payroll Forum was devoted to the I-9 process. Listen to the WebEx recording or download the revised PowerPoint presentation (pdf) from the meeting.

Background

All U.S. employers are required by law to verify the identity and work eligibility of their employees, whether U.S. citizens or not, by filing an Employment Eligibility Verification Form I-9. The University uses the online version of Form I-9 and E-Verify.

It is important for the University to be in full compliance with the law by verifying the eligibility of every faculty or staff member as well as student workers. For the purposes of the I-9 process, an employee is any person who holds a job at the University of Minnesota for pay, even if the faculty, staff, or student worker requests their pay be waived, paid to another entity, or paid in a lump sum for their work.

At the University of Minnesota, faculty, staff, or student workers must have a completed their Form I-9—both Sections 1 and 2—on or before their first day of work for pay.

The I-9 process will vary somewhat depending on whether the faculty, staff, or student worker is a:

  • U.S. citizen or Permanent Resident
  • Remote employee
  • Foreign national

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Overview of I-9 Process and Responsibilities by Role

Managing Your Unit's I-9 Process

Every employee must have a valid I-9 to work at the University of Minnesota. The chart below outlines the communication and responsibilities related to the required I-9 process. Supervisors, employees, and I-9 administrators all play a critical role in this process.

Responsibility

Supervisors

Faculty, Staff, and Student Workers

I-9 Administrators

Communication

Direct new employees to complete the I-9 on or before the first day of work for pay.

Offer letter must include template (link) language on I-9 requirements.

Provide faculty, staff, or student worker with contact information for I-9 questions.

Meet with the I-9 administrator to submit documentation for Section 2 of the I-9.

Communicate the following:

  • Required documents for Section 2 of I-9.
  • I-9 results from E-Verify.

I-9 Completion

Allows the faculty, staff, or student worker to go home to retrieve documents needed for Section 2 on the first day of work for pay.

Completes both Section 1 of the I-9 online and Section 2 with the employer, on or before the first day of work for pay.

Uses online I-9 Express Management system to complete Section 2 of the I-9 online during appointment with the faculty or staff member or student worker.

Compliance

Faculty, staff, or student workers must not be allowed to work without a valid I-9.

I-9 completion on or before first day of work for pay.

Correct documents must be verified and indicated on Section 2.

Follow-up

Faculty, staff, or student workers must complete any steps required by SSN or DHS as indicated in any documentation provided by the I-9 administrator.

Monitor status of open E-Verify cases in I-9 Express using the I-9 Management dashboard and reports.

Identify hires that must be terminated due to failure to submit required I-9 documentation.

Termination of Faculty, Staff, or Student Worker With Incomplete I-9

Terminate the new hire in PeopleSoft if the I-9 is lacking required documentation.

Update Section 2 of I-9 by selecting "Employee terminated before completing I-9."

For more detailed instructions, see:

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I-9 Process for Remote Hires

When hiring a person to work in a remote location, the employer can designate an agent to carry out the employer's I-9 responsibilities. See these instructions for more information on how the remote hire should complete the online I-9, or contact the Office of Human Resources at 4-UOHR (612-624-8647 or 800-756-2363).

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I-9 Process for Foreign National Faculty, Staff, or Student Workers

International student and nonstudent employees can complete their I-9 and tax documents at Payroll Services in the Donhowe Building. For more information, see our I-9 Process for Foreign National Employees page.

If international faculty, staff, or student workers don't already have a Social Security number, they should apply for a number with the Social Security Administration before completing the I-9 process at Payroll Services. See Social Security Number Requirements for more information about applying for a Social Security number.

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I-9 Process for Rehires

If a faculty, staff, or student worker is rehired within three years of their most recent I-9 completion date at the University, they do not have to complete a new I-9, nor do they have to present their documents. The department should complete Section 3 in I-9 Express and confirm that the Social Security number on their existing I-9 form is the same as the one in PeopleSoft.

If the faculty, staff, or student worker's most recent hire date is more than three years before the rehire date, a new I-9 form is required. The faculty, staff, or student worker must complete Section 1 on or before their rehire date and they must again present original documentation to be reviewed in person by the I-9 administrator. Section 2 must be completed no more than three days following the faculty, staff, or student worker's rehire date.

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I-9 New Hire Scenarios

The University of Minnesota Form I-9 processing standard requires that:

  • Faculty, staff, and student workers complete Section 1 and present required I-9 documents on or before the first day of work for pay
  • The I-9 administrator completes Section 2 by the end of first day of work for pay

If the following scenario happens:

The correct action is:

Resulting I-9 compliance status based on University standard

SCENARIO 1

The faculty, staff or student worker is able to complete Section 1

AND

is able to present the I-9 required documents on or before the first day of work for pay

AND

the I-9 Administrator is able to complete Section 2 by the end of the first day of work for pay.

  • The faculty, staff, or student worker is paid for time worked.
  • The PeopleSoft hire date reflects the first day of work for pay.

I-9 is not late

SCENARIO 2

The faculty, staff, or student worker does not show up to work.

  • The faculty, staff or student worker is not paid.
  • In PeopleSoft, the hire record must be terminated using the action of "Termination" and the reason "End of Appointment." This should occur on the same effective date as the hire date by adding an additional sequence number to the record.
  • In I-9 Express, if the faculty, staff, or student worker completed Section 1 of the I-9 form, select "Employee terminated before completing I-9" on Section 2 of the form.

I-9 is not late

SCENARIO 3

The faculty, staff, or student worker is able to complete Section 1

BUT

is not able to present the required I-9 documents on or before the first day of work for pay.

  • The faculty, staff or student worker must not be allowed to start work or remain in the
            workplace until they present the required documents.
  • In PeopleSoft, the hire date must be changed to the actual day the faculty, staff, or student worker presents their I-9 documents.
  • Submit a data correction form to OHR Operations to reflect the updated hire date*.
  • In I-9 Express, the hire date must be changed to the actual day the faculty, staff, or student worker presents the required I-9 documents.

I-9 is not late

SCENARIO 4

The faculty, staff or student worker is not able to complete Section 1

AND

does not present the I-9 required documents on or before the first day of work for pay.

  • The faculty, staff or student worker must not be allowed to start work or remain in the
            workplace until they present the required documents.
  • In PeopleSoft, the hire date must be changed to the actual day the faculty, staff, or student worker has Section 1 complete and presents the required I-9 documents.
  • Submit a data correction form to OHR Operations to reflect the updated hire date*.
  • In I-9 Express, the hire date must be changed to the actual day the faculty, staff, or student worker has Section 1 complete and presents their I-9 documents.
  • This does not require a new offer/appointment letter.

I-9 is not late

SCENARIO 5

The faculty, staff, or student worker is able to complete Section 1

AND

is able to present the I-9 required documents on or before the first day of work for pay

BUT

the I-9 administrator does not complete Section 2 by the end of the first day of work for pay.

  • The faculty, staff, or student worker must be paid for time worked.
  • The PeopleSoft and I-9 Express hire dates should reflect the date the employee began work for pay and presented their I-9 documents.
  • The I-9 administrator must complete Section 2 immediately upon discovery of the situation.
  • This does not require a new offer/appointment letter.

I-9 is late

SCENARIO 6

The faculty, staff, or student worker continues to work for pay beyond the first day, but did not complete Section 1 or did not present the required I-9 documents

AND

is able to complete Section 1 and is able to provide the required documents immediately after the situation is discovered.

  • The faculty, staff, or student worker must be paid for time worked.
  • The PeopleSoft and I-9 Express hire dates should continue to reflect the date the employee began work for pay.
  • The I-9 administrator must complete Section 2 immediately after the situation is discovered.
  • This does not require a new offer/appointment letter.

I-9 is late

SCENARIO 7

The faculty, staff, or student worker continues to work for pay beyond the first day but did not complete Section 1 or did not present the required I-9 documents

AND

the employee is not able to complete Section 1 or provide required I-9 documents immediately after the situation is discovered.

  • The faculty, staff, or student worker must be paid for time worked.
  • In PeopleSoft, terminate the employee's record using the action of "Termination" and the reason of "Employment I-9 Ineligibility."
  • In I-9 Express, if the faculty, staff, or student worker completed Section 1 of the I-9 form and is not rehired, select "Employee terminated before completing I-9" on Section 2 of the form.
  • If Section 1 was not completed in I-9 Express, no action needed in I-9 Express.
  • This faculty, staff, or student worker may be rehired when they can complete Section 1 and present the required I-9 documents.
  • A new offer/appointment letter is required.

I-9 is late

*Note: Changes to a hire date may impact the faculty, staff or student workers' eligibility for benefits. Examples include health, dental, life, retirement, disability and tuition benefits.

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Retaining the I-9 Form

Although I-9 regulations allow employers to make copies of the documents presented to show I-9 compliance, the University of Minnesota does not require copies of I-9 documentation for the online I-9 process.

The University retains a copy only when the employee presents a document used as part of Photo Matching, which includes:

  • U.S. passport and passport card
  • Permanent Resident card (Form I-551)
  • Employment Authorization Document (Form I-766)

In these cases, you should scan a copy and upload it to I-9 Express.

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I-9 Resources

Online I-9 System

  • Use I-9 Express to enter, verify, and document employment eligibility for new hires.

Training and User Guides

I-9 Administrators :

Employees:

General:

Contact

  • For I-9 questions or more information, email or call the OHR Contact Center (ohr@umn.edu, 4-UOHR, 612-624-8647 or 800-756-2363).

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