EPP # 30
Implemented: 12/31/92
Last Revised: 09/19/94
Clerical Update: 03/01/04

IMMIGRATION REFORM AND CONTROL ACT (I-9 FORM)

PURPOSE: To inform County Departments and to comply with National Immigration Laws and Regulations.

SCOPE: This policy applies to all County Offices and Employees

POLICY STATEMENT: Congress has reformed our nation’s immigration laws through the passage of the Immigration and Nationality Act, the Immigration Reform and Control Act of 1986 (IRCA) and most recently, the Immigration Act of 1990. In addition, the Immigration and Naturalization Service (I.N.S.) has made changes to reporting requirements utilizing the I-9 Form.

The Immigration Reform and Control Act of 1986 (I.R.C.A.) requires employers to verify, work eligibility and proof of identity for all employees hired after November 6, 1986, and maintain documentation of such eligibility for three years or one year after the person’s employment is terminated, whichever is later. An I-9 Form must be completed for all new hire employees including both regular and temporary employees. The completed I-9 Form must be submitted to the Personnel Division immediately following the day the employee begins work. In general, the employee must provide acceptable identifying information, attest to the authenticity of their employment eligibility and documents, and sign the form. The employer must review and verify the documentation and certify to the genuine appearance of the documents presented.

THE I-9 FORM

The completed I-9 form should be included with any new hire paperwork (personnel actions,
W-4, certification list, etc) that is sent to DES to complete a hire.

Section 1 – Employee Information
All employees, citizens and non-citizens, hired after November 6, 1986 must complete Section 1 of the form at the time of hire, which is the actual beginning of employment. The department is responsible for ensuring that Section 1 is properly completed and returned with the new hire paperwork.

Section 2- Employer Review and Verification
Departments are responsible for completing Section 2 by examining evidence of identity and employment eligibility at the time of employment. Page 3 of the I-9 form includes listings of acceptable documents. Each employee must either provide one document from List A or one document from both Lists B and C. Departments are not required to photocopy the document(s) presented to include with the new hire paperwork. Departments must record 1) the document title, 2) issuing authority, 3) document number, 4) expiration date, and 5) the date employment begins. The county employee reviewing the documentation should sign the signature block.

Section 3-Updating and Re-Verification
The I-9 Form also contains a section at the bottom that calls for re-verification of an employee’s documents if rehired within three years of the date the form was originally completed. This will apply to both regular status and temporary employees. Re-verification does not require you to complete a new I-9 Form. Instead, you should review the previously completed I-9 and if no work authorization has expired, note the date of rehire in section 3, and sign the signature block. If the employee’s work authorization has expired you will need to examine an unexpired document which authorizes the employee to work in the United States and document and sign section 3 of the form.

RE-VERIFICATION

A new or updated I-9 Form must be sent to Personnel with the Personnel Action for every rehired employee. If you commonly rehire former employees within three years of completing an I-9, you may choose to either: (1) retain, for future re-verification purposes, a photocopy of the I-9 Form after the original is sent to Personnel, or (2) complete a new I-9 Form if the employee is rehired. You should choose which method works best for your department. If a former employee is rehired after three years of original completion of the I-9, there is now a requirement to complete a new I-9 Form. Employers are also responsible for re-verifying employment eligibility of employees whose employment eligibility documents carry an expiration date. This requirement existed under the original regulations.

EXAMPLES

1. A regular status employee works for the County for two years then resigns and returns as a temporary employee six months later. Since the employee’s I-9 Form was originally completed less than three years ago, there is no requirement to complete a new I-9 Form. The employer must re-verify work eligibility documents and complete the re-verification section on the employee’s original I-9 Form (Section 3) or complete a new I-9 Form.

2. An employee works for the County for ten years and retires, then is rehired a year later by the County as a temporary employee. The INS requires the completion of a new I-9 Form since the original completion of the I-9 Form was more than three years ago.

Included is a link to the I-9 Form which may be downloaded for your use. The site for employers maintained by the INS is also included which expands upon the requirements of the I-9 Form and answers some commonly asked questions. If you have additional questions regarding the I-9 Form, please contact DES-Personnel Division.

INTRANET/INTERNET LINKS

I-9 Form
I-9 Employer Site
County Ordinance