Employment Eligibility Verification (G/P)

Purpose

Austin Community College (“ACC”, or “the College”) hires individuals who are authorized to work in the United States in accordance with state and federal laws and regulations. In complying with the Immigration Reform and Control Act of 1986 (IRCA), the College must ensure that employment eligibility verifications are timely completed, and any person authorized to work in the United States.

Requirements

IRCA requires that employees complete the first section of the Form I-9 on or before the first day of employment. Hiring representatives are to certify the identity and employment eligibility of all new and re-hired employees within three (3) days of employment.

Procedures

1. ACC uses the federal Form I-9 in conjunction with the federal online E-Verify system to validate the identity and employment eligibility of newly hired employees and returning employees who have separated from the College for a minimum period of one year.
2. All new employees and former College employees who are returning after one year’s absence will be required to provide proof of authorization to work, identification, and complete the federal Employment Eligibility Verification Form I-9.
3. The Office of Human Resources (HR) facilitates the completion and collection of Form I-9s for all administrators, staff, and faculty. Supervisors, department chairs, and all authorized representatives facilitate the completion and collection of Form I-9s for all adjunct faculty and hourly employees.
4. The Form I-9 process defines authorized representatives as those individuals whose role encompasses the hiring of personnel and the onboarding activities of employees e.g., HR employees, supervisors, department chairs, and designated support staff.
5. When circumstances warrant, the Vice President, Human Resources can deem an external representative of the College (e.g., another educational institution or a notary) to be an authorized representative. Whenever an authorized representative (internal or external) completes a Form I-9 on behalf of the College, the College is liable for any violations connected with the form or the verification process.
6. Authorized representatives shall present onboarding employees with a Form I-9 along with its associated Form I-9 Acceptable Document list. Employees must complete Form I-9, Section One, and authorized representatives must complete Form I-9, Section Two, to document evidence of identity and employment eligibility.
7. The authorized representative must physically examine documents (except certified copies of birth certificates) in the employee’s physical presence, and ensure all documents are original, unexpired, and relate to the named employee.
8. The College may exercise a Remote I-9 process when approved and executed under federal regulations. All authorized representatives are responsible for physically inspecting documents of all employees hired during the College’s execution of its Remote I-9 processes after normal operations resume.  Form I-9s must be updated to confirm each physical inspection.
9. Authorized representatives must ensure that Form I-9s are completed within three business days of the employee’s first day of employment. For example, if an employee begins employment on Monday, the authorized representative must review the employee’s documentation and complete Section 2 on or before Thursday of that week. However, if the College hires an individual for fewer than three business days, Section 2 must be completed no later than the first day of employment.
10. If the Form I-9 is not completed within the required time, the employee may be subject to immediate dismissal for non-compliance. The Vice President of Human Resources may authorize termination for non-compliance on a subsequent review of the necessary documentation.
11. Authorized representatives must record the following on each Form I-9

• • Document title
  • Issuing authority
  • Document number
  • Expiration date
  • Date employment begins

12. The Form I-9 may be photocopied, provided that both sides are copied.
13. Completed Form I-9s must be submitted to the Office of Human Resources in accordance with ACC hiring procedures
14. All offers of employment will be presented with the condition that the new employee will provide proof of authorization to work in the United States within the approved timeframe.
15. The Form I-9 will be retained in the employee’s personnel file for five (5) years after the date of termination.
16. If an authorized representative has a question regarding the authenticity of a document presented as verification of employment eligibility, the person should contact the Office of Human Resources.
17. Current or prospective employees may contact Austin Community College’s Office of Compliance or the Office of Human Resources if they believe they have been subject to discrimination.