Employment eligibility (I-9)
The Immigration Reform and Control Act of 1986 (IRCA) made the knowing employment of unauthorized aliens illegal. Employers are responsible for verifying identity and employment eligibility of every employee hired or rehired. (The university defines rehire as any break in service.) This is accomplished through completion of the I-9 form, which should be completed after a job offer has been accepted.
Under normal circumstances, an I-9 form does not need to be completed for courtesy appointments. However, if an employee in a courtesy appointment takes on an additional appointment for pay, an I-9 form will need to be done. Also if an employee moves from an unpaid status, e.g. Courtesy appointment, to paid status, an I-9 form should be completed.
Additionally, the Immigration Act of 1990 prohibits discrimination on the basis of natural origin or citizenship status. This includes the following provisions:
- An employer cannot request that an employee present more or different documents so long as the documents presented meet I-9 requirements. The employee can not be instructed as to what documents will be acceptable.
- An employer cannot refuse to honor documents that appear to be genuine and relate to the person presenting them.
- An employer may not discriminate against any person on the basis of national origin or citizenship status in hiring or other employment decisions.
The following pages explain how to remain compliant with this law: