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I-9 Employment Eligibility & Verification Policy and Procedure Manual

Prepared in cooperation with:
Fragomen, Del Rey, Bernsen & Loewy, P.C.
515 Madison Avenue
New York, NY 10022

Revised 5/16/2006

Introduction

I. Policy

II. Summary of Steps

III. Employer Review and Verification
- Section 1 of Form I-9
- Preparer and/or Translator Section of Form I-9
- Section 2 of Form I-9
- Documentation for Section 2

IV. Employer Reverification (Section 3 of Form I-9)
- Who Must be Reverified?
- Procedure
- Special Situations
- Failure to Timely Present Documents
for Reverification

V. Columbia University┬┤s Tickler System
- Establishment
- Notification
- Expiring Work Authorization
- Examining Original Documents
after Receipts are Presented

VI. Central Retention and Storage of I-9 Forms
- Current Employees
- Terminated Employees
- Rehires

VII. Notice of Central Inspection by Government Agency

Transaction Information Guide: I-9 Form 

Introduction

This manual describes Columbia University's procedures for ensuring continued compliance with the Immigration Reform and Control Act of 1986 (IRCA), as amended.

The Immigration Reform and Control Act imposes penalties on employers who knowingly hire or continue to employ persons who are not authorized to work in the United States. IRCA requires employers to have all employees hired after November 6, 1986 complete Section 1 of Form I-9 no later than the first day of employment, examine original document(s) to establish identity and work eligibility within three business days, and complete Section 2 of the form. Federal law requires employers to follow uniform procedures.

Since inspections of I-9 Forms by government agencies can result in the imposition of substantial fines against the University, it is crucial that all I-9s be completed according to the procedures outlined.

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I. Policy

Columbia University ("Columbia," "the University," or "CU") is committed to complying with federal laws and regulations concerning verification of employment eligibility and record keeping for employees hired to work in the United States. To this end, certain members of Columbia staff have been designated to assist the University in such compliance. Anyone with questions regarding any aspect of employment and/or identity verification should contact the appropriate Human Resources service manager.

The University will offer annual training and conduct periodic internal audits, as the University deems necessary. Departments should always have at least one staff member who has received I-9 training. Any Columbia representative responsible for I-9 authorization, who would like either additional specific training or training between regularly scheduled training sessions, should contact the appropriate Human Resources service manager.

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II. Summary of Steps

All students employed pursuant to F-1 status and J-1 (in student category) status will continue to report to the International Students and Scholars Office (ISSO) or to the Immigration Affairs Office (depending on which office issued their F-1 or J-1 documents) to complete their I-9 paperwork. SPECIAL NOTE REGARDING TRACKING NONIMMIGRANT WORK STATUS: STATUS IN THE U.S. IS NEVER GOVERNED BY A VISA. INSTEAD, THE I-94, EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) CARD, ETC. ARE EVIDENCE OF LAWFUL NONIMMIGRANT WORK STATUS.

For all University Officers (except student officers), Support Staff, and Casual Employees:

  1. Employee fully completes Section 1 of the Form I-9, signs, dates, and submits it in person to the appropriate CU representative on or before the first day of employment. The first day of employment is the day the individual starts working, regardless of the appointment or hiring date.
  2. Columbia University representative refers employee to the list of acceptable documents on the back of the I-9 Form and advises him or her to present either one original document from List A OR one original document from List B and one original document from List C. In carrying out this step, the Columbia University representative does not tell the employee which documents to present or which documents are preferable.
  3. Columbia University representative examines the original documents provided by the employee to verify that they are on the list of acceptable documents, that they appear genuine and relate to the employee, and that they evidence the employee's unexpired employment eligibility. Employee must be physically present when Section 2 is being completed. The Columbia University representative completes Section 2.
  4. Columbia University representative fully completes Section 2 "Employer Review and Verification" with the pertinent information from the employee's documents, including document numbers, issuing authority and expiration dates, if any.
  5. Columbia University representative signs, dates and completes Section 2 "Employer Certification" including the date of employment, job title, and the complete name and address of the University.
  6. Columbia University representative photocopies the front and back of each document reviewed in completing the I-9 Form and securely attaches the copies to the form. The department will maintain a copy of the I-9 Form and attached documentation for its files.
  7. Department representative records expiration information, if any, for follow-up and sends the I-9 with attached documentation and appropriate hiring paperwork (nomination forms, PAFs) for review and approval according to department procedures.
  8. Columbia University Human Resources Department reviews documentation and enters the employment eligibility dates in tickler system.
  9. Columbia University Payroll Department files the I-9 Form with attachments alphabetically.

Special Note: Consistent with applicable law, the University will defend and indemnify, in a civil action, all employees completing Forms I-9 in good faith and with lawful intent within the scope of their employment duties.

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III. Employer Review and Verification

  1. Section 1 of Form I-9

    On or before the first day of work, the employee must fully complete Section 1, "Employee Information and Verification", of Form I-9 and attest under penalty of perjury that he or she is a U.S. citizen, lawful permanent resident, or an alien authorized to work. If an employee attests that he or she is an alien authorized to work, he or she must indicate the expiration date of his or her temporary work authorization and include his or her Alien number or Admission number. Lawful Permanent Residents, also known as "green card" holders or "Permanent Resident Aliens," and citizens and nationals of the United States should check the appropriate box indicating status.

    The responsible Columbia University representative must ensure that the employee has completed every item and signed and dated the form. The representative should also, to the best of his or her ability, ensure that the form has been properly completed. Moreover, when the employee presents the I-9 documents pursuant to the I-9 list, he or she must do so in person (i.e., the employee cannot FedEx, fax, or mail the documents).

    If the employee indicates that he or she is an alien authorized to work and states an employment authorization expiration date in Section 1, this information must be recorded for follow-up so that his or her employment eligibility can be reverified by the department, in a timely manner . (See Section V(A), Tickler System ). Although the University may change the process for monitoring expiration dates from time to time (e.g., with the implementation of PeopleSoft), it is extremely important that some sort of tickler is always in place.

    Please note, the I-9 procedure must never be conducted before an offer of employment has been made to a candidate and the candidate has accepted the offer.

    When the Employee is Being Hired for Less Than Three Days
    When the employee is hired for a project that is expected to last less than three days, the entire I-9 procedure (both Section 1 and Section 2) must be completed on or before the employee's first day of employment.
  2. Preparer and/or Translator Section of Form I-9

    The Preparer and/or Translator Section should only be completed when the newly hired individual requires assistance completing Section 1 or when the new hire does not speak English well and requires a translator to complete Section 1. In either case, the preparer and/or translator must complete this part and attest under penalty of perjury that the information in Section 1 is true and correct to the best of his or her knowledge.
  3. Section 2 of Form I-9

    A University representative must complete Section 2, "Employer Review and Verification" no later than 3 business days from the initial date of employment (except if being hired for less than 3 days. See above for discussion). The University representative must examine original documentation establishing the employee's work eligibility and identity. Photocopies or facsimiles of documents are NEVER acceptable for I-9 purposes.

    Until Sections 1 & 2 of the I-9 are completed (including document verification), employees will not be paid.
  4. Documentation for Section 2

    On or before the first day of work, the employee must be given the I-9 Form (last revised in 1991) with the list of acceptable documents printed on the back and a set of instructions. (See I-9 Form with Instructions).

    1. Acceptable Documents

      The list of documents acceptable for verification of work eligibility and identity can be found on the reverse side of Form I-9. The employee should be asked to present either one original document from List A confirming employment eligibility and identity OR one original document from List B establishing identity AND one original document from List C establishing employment eligibility. The choice of which document(s) to present belongs entirely to the employee. Even if the employee asks which document(s) to select, the Columbia University representative should tell him or her that any document from List A or any combination of documents from List B and List C will be accepted. (See Section III(D)(5), Overdocumentation).

      Exceptions to this are those employees for whom Columbia departments have sponsored H-1, O-1, TN, or J-1 nonimmigrant status. Because of "constructive knowledge," the employee should present documents related to the INS status requested from the INS.

      It may be necessary to refer to documents not listed on the reverse side of Form I-9 to understand the employee's work authorization, especially in the case of foreign nationals with temporary work visas. For questions in these cases, contact the appropriate Human Resources service manager.
    2. Examination of Original Documents

      The Columbia University representative who accepts the documents must examine the original documents provided by the employee in person and assure himself or herself that the documentation appears genuine and relates to the employee. Upon examination of the document(s), the Columbia University representative will record the document title, issuing authority, document number and expiration date, if any, in Section 2.
    3. Authenticity of Documents

      The representative must accept the documentation presented if it appears reasonably genuine on the face and relates to the employee. The Columbia University representative is not expected to be an expert in detecting falsified documents. If any question arises about the authenticity of documentation presented by the employee, the University representative must contact the appropriate Human Resources service manager. No new hire should be denied employment for an inability to complete the I-9 Form or failure to present proper I-9 documentation without first escalating the potential issue(s) to the appropriate Human Resources service manager.
    4. Photocopying Documents

      It is the policy of Columbia University to make a photocopy of each original document presented by the employee for examination to verify employment eligibility and identity. The Columbia University representative must photocopy the front and back of each document and staple the photocopies to the I-9 form. Departments will maintain a copy of the I-9 Form and documentation for their files.

      NOTE: Even though some documents say on their face that they cannot be copied, you may photocopy such documents for I-9 verification purposes.
    5. Overdocumentation

      The law prohibits employers from requiring more documents than the minimum acceptable number of documents or from rejecting valid documents and requesting specific documents. Overdocumentation refers to, but is not limited to, the following situations:
      1. the employer requests more documents than required by law to complete the I-9 procedure; and/or
      2. the employer rejects valid documents presented and requests specific documents preferred by the employer

        Overdocumentation can lead to an unfair employment practice or document abuse charge. The basic rule is that the employee need only present either one document from List A or one document from List B and one document from List C. The authorized representative should only accept, photocopy, and record one document from List A or one document each from Lists B and C.

        However, if the information provided by the foreign national on the I-9 Form does not match the documentation that the individual provides, the CU representative should make an inquiry. For example, if the individual indicates on the I-9 Form that he/she is an alien authorized to work until a specified date, but then provides a U.S. passport (indicating that he/she is a U.S. citizen, and not an "alien"), the CU representative should ask the foreign national for an explanation. If necessary, the CU representative should contact Human Resources for further guidance.

        NOTE: The Columbia University representative may not specify which documents the employee should present to verify employment eligibility and/or identity. If the employee asks which document(s) to present, he or she should be told to present any document from List A or any combination of documents from Lists B and C.
    6. Failure to Timely Present Documents

      The employee should present documents by the first day of work; however the law allows the individual 3 business days. If the employee cannot present documents establishing work authorization and/or identity within three business days of beginning employment, the employee and his or her supervisor must be informed immediately that the employee may not continue performing duties or services. The employee may return to work as soon as he or she presents acceptable documents verifying work eligibility and identity.
    7. Specific Documentation
      1. Restricted Social Security Cards

        A Social Security card that indicates "NOT VALID FOR WORK AUTHORIZATION" on its face cannot be accepted as a work authorization document for I-9 purposes.

        A Social Security card that indicates "VALID FOR WORK ONLY WITH INS AUTHORIZATION" can be accepted ONLY when presented in conjunction with additional evidence of work authorization. If the employee presents this type of "restricted" Social Security card, the authorized representative must request the employee to provide an INS-issued work authorization document -- this is an isolated instance where you may ask to see a specific document.

        If the employee presents a restricted Social Security card as evidence of work authorization, record this fact in the space under List C in Section 2, along with the pertinent information about the unexpired, INS-issued work authorization document, including document title, issuing authority, document number, and expiration date.

        If the Social Security card states that it is invalid if laminated, the authorized representative may not accept a laminated card.
      2. Receipts for Replacement of Lost, Damaged, or Stolen Documents

        NOTE: This situation only applies to receipts for replacement documents. A receipt indicating application for initial work authorization or extension of work authorization is not acceptable. (See Section III(D)(7)(c), Receipts for Initial Work Authorization)

        A receipt indicating that the issuing authority has received an application to replace a document that has been lost, damaged or stolen is acceptable under List A, B, or C to temporarily establish identity and/or work authorization and/or as evidence of continuing work authorization. The employee must present the actual replacement document within 90 days of hire. Note, however, that the employee may choose to present a different acceptable document from List A, B, or C within 90 days of hire.
        A receipt is never acceptable for employment lasting less than three (3) business days.

        Receipt Procedure

        1. Record Document: The following should be recorded in the appropriate Column in Section 2: the title of the document with the word "receipt," the document number, if any, and the issuing authority.
        2. Create a Tickler: The employee has 90 days from the date of hire to present a replacement document or other acceptable document(s). The department should maintain a tickler to follow up with the employee to ensure the employee brings in the replacement document or other acceptable document(s) within 90 days of hire. (See Section V(A), Tickler System)
        3. Send a Reminder: A letter or e-mail should be sent by the department to the employee reminding him or her to bring in the original document within 90 days. This should be sent 30 days and 14 days before the expiration of 90 days from the date of hire. A copy should also be sent to the employee's supervisor to keep him or her apprised of the situation. During the replacement process, employees should be encouraged to provide the new documentation as soon as they receive it.
        4. Replacement Document: When the employee presents the actual replacement document, a new I-9 should be completed. The I-9 along with a copy of the documentation should be attached to a PAF and forwarded to the appropriate office for approval.
      3. Receipts for Initial Work Authorization

        A receipt indicating that the individual is applying for initial work authorization is not acceptable for I-9 purposes. The "receipt" rule stated above is applicable to receipts for replacement documents and only applies to persons who are already authorized to work.
      4. Nonimmigrant Work Status

        There are several types of nonimmigrant visa statuses that allow a foreign national to work in the United States on a temporary basis.

        SPECIAL NOTE REGARDING TRACKING NONIMMIGRANT WORK STATUS: STATUS IN THE U.S. IS NEVER GOVERNED BY A VISA. INSTEAD, THE I-94, EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) CARD, ETC. ARE EVIDENCE OF LAWFUL NONIMMIGRANT WORK STATUS.

        If the employee chooses to select his or her unexpired foreign passport, he or she must also produce the white Form I-94. The date on the Form I-94 must have a future expiration date and list an immigration status authorizing employment in order to be acceptable as proof of valid work authorization. The University representative must record the title, issuing country, number and expiration date of the foreign passport in Section 2, List A. The representative must also record the number and expiration date of the I-94 in the second space provided in Section 2, List A. Do not copy the visa page in the passport - copy only the passport biographical page(s) and the I-94 card.

        In some limited circumstances, the I-94 card will have a "D/S" (duration of status) rather than an expiration date. In this situation, the employee is in the United States for the duration of his or her status (which sometimes may be extended) and must also produce evidence that he or she is authorized to work for Columbia University (e.g., Form IAP-66, EAD card). This evidence will always include an expiration date. It is this date that should be entered in the second space provided in Section 2, List A.

        Other Nonimmigrant Categories (an unexpired foreign passport is required as part of the List A documents, in addition to the documents listed under each category below):

        1. H-1 Professional Workers

          Existing H-1 through the University
          The employee should have an I-94 clearly indicating the expiration date of his or her status. In this situation, the number and expiration date on the I-94 should be recorded in Section 2, List A of Form I-9. The employee may also present Form I-797, Notice of Action or Approval Notice. In Section 2, List A of Form I-9, record the document title and number, issuing authority, and expiration date.

          New hires in H-1 status, who maintain H-1 status with the former employer
          If the department has filed a change of employer H-1B petition on behalf of the new employee (under the new H-1B portability provision), the employee must present acceptable documentation to complete the I-9, along with proof of filing of the new petition. If the employee presents Form I-797 or the I-94 card of the previous employer, the expiration date listed should be put on the Form I-9 in Section I. The employee will need to be reverified upon receipt of the CU H-1B approval notice. The employee should complete a new I-9 Form as soon as the Columbia University H-1B approval notice is received.
        2. TN Temporary Workers from Canada or Mexico

          The I-94 should clearly indicate "TN" and contain an expiration date for work eligibility at Columbia University in the position for which the University petitioned. Record the passport information and Form I-94 number and expiration date in Section 2, List A of Form I-9. Unlike other foreign nationals, Canadians may enter the United States from Canada without a passport, and therefore may show a Canadian Driver's License and either (i) an unrestricted Social Security card or (ii) a Social Security card indicating that it is only valid with INS authorization and an I-94 card. Under these circumstances, the same procedure should be followed with respect to completing the I-9 Form with a driver's license and social security card.
        3. J-1 Scholars

          J-1 scholars are authorized to work with a valid passport and I-94 card (which will usually indicate an expiration of D/S (duration of status), and a valid IAP-66 issued by Columbia University for a specific academic or research appointment at the University. No other employment is allowed under the Exchange Visitor Program unless approved by the ISSO. The expiration date of the individual's status is the expiration date on the IAP-66, not the D/S on the I-94 card.
        4. O-1 Individuals of Extraordinary Ability

          The employee should have an I-94 clearly indicating the expiration date of his or her status. In this situation, the number and expiration date on the I-94 should be recorded in Section 2, List A of the I-9 Form. The employee may also present Form I-797, Notice of Action or Approval Notice. In Section 2 on Form I-9, record the document title and number, issuing authority, and expiration date.
        5. "A" Foreign Government Officials and "G" Representatives to International Organizations

          The principal A-1 or G-1 holders are not allowed to work at Columbia. Dependents in A or G status are allowed to work with authorization in the form of an Employment Authorization Document card.
        6. Individuals with an Employment Authorization Document (EAD) Card

          There are many circumstances in which someone with an EAD card is authorized to work for Columbia. These include students on optional practical training and adjustment applicants.

          CAUTION: Some nonimmigrant visa classifications, such as H-1B, O-1, and TN, are employer and/or location specific. Therefore, work authorization may not be valid if it relates to a different employer and/or location, unless a Change of Employer H-1B petition has been filed by CU on behalf of the employee, as stated above. If the CU representative receives an I-94 card with a TN, A, G, etc., status for which the department did not apply, the individual is not authorized to work in the department. In these instances the department should contact ISSO.

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IV. Employer Reverification (Section 3 of Form I-9)

  1. Who Must be Reverified?

    Alien Authorized to Work Until a Specified Date:
    If an employee indicates in Section 1 that he or she is an alien authorized to work until a specified date, then the employee's work authorization must be reverified on or before the date indicated by the employee. If the employee presents an acceptable List A or List C document with an expiration date that conflicts with the date listed in Section 1, please contact the appropriate Human Resources service manager.

    Lawful Permanent Resident: Reverification is generally unnecessary if the employee checks the box in Section 1 indicating that he or she is a lawful permanent resident, regardless of the expiration date on the lawful permanent resident card.

    Exception:
    An "I-551 stamp" is placed in a foreign national's passport as temporary evidence of his/her lawful permanent residence status (until he/she receives the lawful permanent resident card in the mail). If the employee presents an unexpired foreign passport containing a temporary I-551 stamp, reverification of his or her employment eligibility must be performed on or before the expiration date of the I-551 stamp. This will be the case when an individual has received permanent residence, but has not yet received the permanent resident card.
  2. Procedure

    Reverification will be completed by the individual departments. Every month, a list will be generated by Human Resources containing the names of all employees whose employment authorization will expire within the next 120 days. Notification should be sent to the employee, by the department, 120 days, 90 days, 60 days, 30 days and 14 days prior to expiration of the employee's work authorization. This notice should advise the employee to present an unexpired document of his/her choice from List A or List C evidencing his or her continuing work authorization no later than the date the current work authorization will expire. The notice should also warn the employee that unless he or she provides timely evidence of continuing work authorization, he or she will be terminated until such evidence is presented.

    The employee's Manager or supervisor should also receive the same notification to keep him or her apprised of the situation.

    Reverification Procedure:

    The reverification procedure should be done on a new Form I-9. At the top of the new Form I-9, write "Reverification." The employee must complete Section 1 and present documentation establishing his or her continuing employment eligibility. The original documentation presented by the employee must be examined to assure that it appears genuine, relates to the employee, and contains an unexpired work authorization date. Section 2 must be completed by the Columbia University representative. The employee must present unexpired documentation from either List A OR one original document from List C, demonstrating that he or she is currently authorized to work. There is no need to reexamine a List B document since the person's identity remains the same and need not be reverified (remember that List B documents confirm identity only, and unnecessary reverification of a List B document may constitute overdocumentation).

    The new I-9 along with a photocopy of the document(s) presented for reverification should be attached to a PAF and forwarded to the appropriate office for approval.

    Reverification for off site locations:

    Department representative records expiration information, if any, for follow-up and sends the I-9 with attached documentation and appropriate paperwork (PAFs) for review and approval according to department procedures.

    Rehires:

    An employee who leaves the University and is subsequently rehired, regardless of the length of separation, must complete a new Form I-9, unless the employee is being rehired within 3 years of the date the I-9 was originally completed and is still authorized to work pursuant to the same documentation. The "I-9 date of hire" in Section 2 of the I-9 Form must reflect the date of rehire as opposed to the employee's original hire date.

    When an employee receives an adjusted date of hire to bridge his/her dates of service, payroll or personnel records must record the actual date of rehire.

    Note: Because of the way the current University Payroll and Human Resources systems operate, part-time faculty, officers of research, and student officers are marked as "terminated" at the end of their current appointment even though they will be reappointed for the following academic year. As a matter of Columbia's policy, if such an officer is "terminated" at the end of one semester only to be rehired within the next academic year, this will not be considered a "termination" requiring a new I-9, as the individual's employment was not terminated for I-9 purposes.
  3. Special Situations

    1. Extension of Nonimmigrant Petitions: Reverifying Employees in H, TN, or O Status

      An employee in certain nonimmigrant statuses, including H-1B, TN, or O on whose behalf Columbia University files an extension of status in the same classification before the expiration of the initial INS-authorized period of stay, automatically receives an extension of his/her status and can continue working. If the extension petition is approved prior to the expiration of the previous status, a new I-9 can be completed pursuant to the reverification procedures outlined above. If the petition is not approved before the individual's current status expires, then the extension is valid until the extension petition is approved by the INS, or 240 days pass, whichever is earlier. Under such circumstances, the same reverification procedures are followed, but evidence should be attached to the new I-9 showing that the extension was filed on a timely basis (e.g., filing receipt, delivery confirmation).

      In the case of an extension of an existing nonimmigrant status, there will be two reverifications (one upon expiration of the current status and another when Columbia receives the extension approval). The 240-day period starts on the day the employee's initial period of authorized stay in a nonimmigrant classification expires and automatically terminates if the INS denies the extension request. Of course, if the INS approves the request for extension, the employee's status is valid until the new date authorized by the INS. In these situations, the Columbia University representative must perform a reverification no later than the date the current status expires and should create a tickler to reverify the employee's employment eligibility within 240 days from the expiration date of the employee's initial period of authorized work authorization. The tickler should indicate that the employee has filed an application to extend his or her current work authorization. (See Section V (A), Tickler System)

      When the employee receives approval of Columbia's request for extension of nonimmigrant status, a new I-9 Form should be completed, consistent with the reverification procedures described above.

      Note that this rule only applies to employees who request an extension of their nonimmigrant status. It does not apply to individuals who apply to INS for a change of status (e.g., F-1 to H-1B). Furthermore, this rule only applies to situations where the employee requests INS to extend previously approved authorization specific to Columbia University (e.g., where the employee's initial H-1B status was only valid for Columbia University employment.)
    2. Employment Authorization Document (EAD) Cards

      An employee with a Form I-688B, Employment Authorization Document (EAD), should file an application for extension of this document with the INS Service Center at least 120 days before the expiration of the EAD to avoid an interruption in his or her employment. At the time of reverification, the employee must be able to present the EAD card OR unexpired documentation from either List A OR one original document from List C, demonstrating that he or she is currently authorized to work. A receipt for an EAD card is not acceptable.

      If the INS Service Center fails to adjudicate the extension request within 90 days, the regulations permit the individual to apply for an employment authorization document at his or her local INS office. Another reverification will have to be performed at the expiration of the new employment authorization document and should be listed in the tickler system. Due to the complexity of this issue, the appropriate Human Resources service manager should be contacted if this situation arises.
  4. Failure to Timely Present Documents for Reverification

    If, at the time of the expiration of work authorization, the employee is unable to provide proof of continuing work authorization, he or she may not continue to work beyond the validity of his or her work authorization. The employee's supervisor must be notified immediately of the situation. At the time the work authorization expires, the employee will not be permitted to continue performing duties or services. The employee may return to work as soon as he or she presents acceptable documents verifying work eligibility and identity.

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V. Columbia University's Tickler System

  1. Establishment

    Each University department will identify a way to monitor expiration dates for employees whose work authorization will expire. This process is meant to ensure timely reverification of employment eligibility and other I-9 issues, and should prompt the department to contact the employee at least 120 days in advance of the expiration date.

    For example, every expiring I-9 Form should be copied and placed in a file folder by year and date of expiration. Each month, the copies would be reviewed for any reverification required. The Human Resources Department will also maintain a back-up tickler system in either an electronic or paper format.
  2. Notification

    The department should send a notification to each employee 120 days, 90 days, 60 days, 30 days and 14 days prior to the expiration of his or her employment eligibility. This notice will inform the employee of the need to provide timely original documentation evidencing the employee's continuing employment eligibility. The notification should also be sent to the employee's supervisor and to the departmental administrator 30 days and 14 days prior to expiration of the employee's work authorization. This e-mail will advise that the employee will be required to present, in a timely manner, original documentation demonstrating continuing employment eligibility or be removed from payroll and required to discontinue performing duties or services.

    In cases where an employee's work authorization has been automatically extended for an additional 240 days (See Section IV (G)(5), Non-Immigrant Work Status), a reverification must be completed before the expiration of the current status and the tickler should prompt the University representative to reverify before the expiration of that additional time.
  3. Expiring Work Authorization

    Human Resources notification should initiate the reverification process by prompting the University representative responsible for maintaining I-9 records to notify the employee of the need to reverify his or her employment eligibility in advance of the expiration and to complete reverification before the expiration of employment eligibility. In cases where an employee's work authorization has been automatically extended for an additional 240 days (See Section IV(C)(1), Extension of Nonimmigrant Petitions: Reverifying Employees in H, TN, or O Status), a reverification must be completed before the expiration of the current status and the tickler should prompt the University representative to reverify before the expiration of that additional time.

    REMEMBER: STATUS IN THE U.S. IS NEVER GOVERNED BY A VISA. INSTEAD, THE I-94, EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) CARD, ETC. ARE EVIDENCE OF LAWFUL NONIMMIGRANT WORK STATUS.
  4. Examining Original Documents after Receipts are Presented

    A tickler must also be kept by the department to initiate reverification for an employee who, at the time of hire, presents a receipt for replacement document(s). Notification should be sent 30 days and 14 days before the expiration of the initial 90-day period of employment and should remind the employee to present the original document(s) no later than 90 days from the first day of hire. The tickler should also prompt the University representative responsible for maintaining I-9s to examine the original document before the expiration of the 90-day period.

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VI. Central Retention and Storage of I-9 Forms

I-9 forms for current and terminated employees should be stored in different files.

  1. Current Employees

    The law requires employers to properly complete and retain a Form I-9 for every current employee hired after November 6, 1986.

    All I-9 forms must be maintained separately from the employee's personnel file. I-9s should remain locked or access to the room where they are stored should be limited to authorized personnel. All these documents may be used only for I-9 purposes. The records may not be copied or distributed without authorization from the University's General Counsel.
  2. Terminated Employees

    I-9 forms for terminated employees must be kept for either one year from the date of termination of employment OR three years from the date of hire, whichever is longer.
  3. Rehires

    An employee who leaves the University, regardless of the length of separation and is subsequently rehired must complete a new Form I-9, unless the employee is being rehired within 3 years of completion of the original I-9 Form and is still eligible to be employed based upon the same documentation.

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VII. Notice of Central Inspection By Government Agency

An employer is entitled to three (3) days notice prior to an inspection of I-9 forms by the Immigration and Naturalization Service, the Department of Labor or the Office of Special Counsel for Immigration Related Unfair Employment Practices. Although the regulations provide that an employer is entitled to such notice, in practice, inspectors will not necessarily advise employers of this right. Since an inspection may result in the imposition of substantial fines against the University, immediately contact the Office of General Counsel or, if unavailable, the Human Resources Department if a notice of an inspection is received.

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