Jul 14, 2024  
Policies and Procedures Manual 
    
Policies and Procedures Manual

06:18:00 Immigration Reform Act Requirements


Revision Responsibility: Executive Director of Human Resources
Responsible Executive Officer: Vice President for Business & Finance

Purpose

This policy describes hiring processes and documentation required by the Immigration Reform Act.


Policy

I. Scope

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.

II. List Of Acceptable Documents

LIST A  
LIST B
  LIST C
Documents that Establish Both Identity and Employment Authorization   Documents that Establish Identity   Documents that Establish Employment Eligibility
  1. U. S. Passport or U.S. Passport Card
     
  2. Permanent Resident Card or Alien Registration Receipt Card (Form I- 551)
     
  3. Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
     
  4. Employment Authorization Document that contains a photograph (Form I-766)
     
  5. In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitation identified on the form.
     
  6. Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A Indicating nonimmigrant admission under the Compact Free Association Between the U.S. and the FSM or RMI
 
  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
     
  2. 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, gender, height, eye color and address
     
  3. School ID card with a photograph
     
  4. Voter’s registration card
     
  5. U.S. Military card or draft record
     
  6. Military dependent’s ID card
     
  7. U.S. Coast Guard Merchant Mariner Card
     
  8. Native American tribal document
     
  9. Driver’s license issued by a Canadian government authority

    For persons under age 18 who are unable to present a document listed above:
     
  10. School record or report card
     
  11. Clinic, doctor or hospital record
     
  12. Day-care or nursery school record
 
  1. Social Security Account Number card (other than one that specifies on the face that the issuance of the card does not authorize employment in the U.S.)
     
  2. Certification of Birth Abroad issued by the Department of State (Form FS-545)
     
  3. Certification of Report of Birth issued by the Department of State (Form DS-1350)
     
  4. Original or certified copy of a birth certificate issued by a state, county, municipal authority or territory of the United States bearing an official seal
     
  5. Native American tribal document
     
  6. U.S. Citizen ID Card (INS Form I-197)
     
  7. ID Card for use of Resident Citizen in the United States (Form I-179)

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 (originals required).

III. 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 Walters State, 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 (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 designated responsible official of the college. A completed Employment Eligibility Verification Form I-9 shall be maintained for each employee hired on or after June 1, 1987.

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 and for the maintenance of the completed Form I-9’s:

Category   Responsible Official
Full-time Administrative, Faculty, Professionals, and Clerical Support Staff   Assistant Vice President for Human Resources
Part-time Administrative/ Professionals and Clerical Support Staff   Assistant Vice President for Human Resources
Adjunct Faculty   Dean of Distance Education
CEU Faculty   Dean of Workforce Training
College Work Study Program   Executive Director of Financial Aid
Senators Pages’ Program   Director of Admissions and Enrollment Development
Personal Services Contract*  
Assistant Vice President for Institutional Effectiveness and Compliance


*The INS Form I-9 is not required for independent contractors or persons engaged in casual domestic employment.

Re-employment: When the college 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. 9/98; 8/04; 3/06; 10/13; 05/16