CSU Policy: Immigration Reform and Control Act (IRCA)

Policy Title: Immigration Reform and Control Act (IRCA) Category: Human Resources
Owner: Vice President for University Operations Policy ID#: 3-6004-014
Contact:
Human Resources
Web: http://www.hrs.colostate.edu/
Email: hr_service_center@mail.colostate.edu
Phone: (970) 491-6947
Original Effective Date: 6/1/1987
Last Major Revision: 1/9/2015
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PURPOSE OF THIS POLICY

The purpose of this policy is to assure compliance with the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603 (Act of 11/6/86), 100 Stat. 3445, 8 U. S. C. §1324a (Supp. IV 1986), and related regulations in Title 8, CFR.

POLICY STATEMENT

The IRCA requires all employers, under penalty of fine and/or imprisonment, to hire only U.S. citizens and aliens lawfully authorized to work in the United States and to maintain documentation indicating compliance.Enforcement of this law rests with the Department of Homeland Security (DHS). An Employment Eligibility Verification (Form I-9) must be used in documenting compliance. Every employee hired on or after June 1, 1987, must have a completed I-9 Form on file within three days of commencing work. See "CLASSIFICATION OF EMPLOYEES" and "INDEPENDENT CONTRACTORS" in Section 1 of the HRS Manual.

The DHS requires employers to certify examination, via Form I-9, of work authorization documents, acceptable to the DHS, as a prerequisite to employment of anyone hired on or after June 1, 1987. Employers are responsible for updating and/or re-verifying employment eligibility of employees whose employment eligibility documents carry an expiration date. Questions pertaining to foreign passports, alien registration cards and VISAs should be directed to the Office of International Programs, International Student and Scholar Services.

In cases where individuals are waiting to obtain documents needed to establish their identity or work authorization, the employer can satisfy the verification requirements by obtaining some official verification of the employee's application for such documentation within three days of the initial hiring and then examining the documents within twenty-one days of hire. Those employed for less than three workdays must provide identity and work authorization by the end of the first workday.

I-9 Forms must be kept on file in the Human Resources Department for three years after the date of hire or for one year after the date the employment is terminated, whichever is later.

To assure compliance with the IRCA, no appointment will be approved until a properly completed Employment Eligibility Verification Form (refer to Section 11: Forms and Related Instructions, General, for a copy of the I-9 Form and instructions) has been forwarded to the Human Resources Records Unit. Departments must follow the established university process outlined below:

1.      Obtain a Form I-9 from every employee within three days of hire or upon expiration of an existing Form I-9, as prescribed by law.

2.      Review certain documentation to ensure that the individual employee is authorized to work in the United States. The documentation the employee presents shall be used as long as the documents satisfy the requirements listed on the Form I-9. Completed I-9 forms must be forwarded to the Records Unit of the Human Resources Department.

(a)  If the documents presented appear valid on their face, and if they meet the requirements listed on the reverse of the form, the review of the documents is sufficient and no further action is necessary.

(b)  If the documents presented appear to have been tampered with or do not appear to be “authentic”, the matter should be referred to the Director of Human Resources for resolution.

3.      If separate information is received regarding an individual’s immigration status, the University may be obligated to review and respond to that information as deemed appropriate, based upon the circumstances. These cases should be referred to the Director of Human Resources.

NOTE: Departments should contact Human Resources, Office of Equal Opportunity or the Office of General Counsel before taking any employment action related to the I-9 process which might deviate from the process outlined above.

 

 

 

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