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, 8 U. S. C. §1324a and related regulations in Title 8, CFR.

APPLICATION OF THIS POLICY

This policy applies to all CSU departments and business units.

DEFINITIONS USED IN THIS POLICY

Alien: As defined in 8 U.S.C. § 1101(a)(3), “alien” means any person not a citizen or national of the United States.

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). CSU complies with all applicable federal laws and regulations with respect to hiring persons covered under the IRCA.

POLICY PROVISIONS

1. 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 Human Resources Manual.
2. 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.
3. I-9 Forms must be kept on file within the university’s electronic I-9 compliance system for three years after the date of hire or for one year after the date the employment is terminated, whichever is later.
4. To assure compliance with the IRCA, no appointment will be approved until a properly completed Employment Eligibility Verification Form has been reviewed by 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.
   3. 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.
   4. If the documents presented appear to have been tampered with or do not appear to be authentic, the matter should be referred to the Executive Director of Human Resources for resolution.
   5. 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 Executive Director of Human Resources.

NOTE: Departments should contact Human Resources, the 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.

COMPLIANCE WITH THIS POLICY

Compliance with this policy is required. For assistance with interpretation or application of this policy, contact Human Resources at 970-491-6947.

REFERENCES

Immigration Reform and Control Act, 8 U.S.C. § 1324a, 8 CFR § 274a

APPROVALS

Effective June 1, 1987

Revision approved by Lynn Johnson, Vice President for University Operations on August 7, 2020