Purpose of and completion of Form I-9
As part of the Immigration Reform and Control Act of 1986, the Form I-9 is used to verify the identity and confirm the employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of the Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens.
Both employees and employers (or authorized representatives of the employer) must complete the Form I-9. On the Form I-9, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain the Form I-9 for a designated period and make it available for inspection by authorized government officers.
To ensure the University of California stays compliant with the law, hiring authorities must verify an employee’s identity and work authorization by completing the Form I-9 as noted above. This pertains to all staff, faculty, academic appointees and student hires.
At the University of California, the Form I-9 is completed and stored electronically using the vendor system I-9 Complete by Tracker.
When to Complete Form I-9
|To comply with the law||Complete Form I-9||Create a case in E-Verify
(Employees subjected to the FAR clause)
|The earliest you may||The employee has accepted an offer of employment||The employee has accepted an offer of employment; and
Form I-9 is complete
|The latest you may||The third business day after the employee started work for pay||The third business day after the employee started work for pay; and
Form I-9 is complete
How to complete Form I-9
The Form I-9 is a two-page form comprising three sections. Each section contains different requirements, and failure to comply would result in delayed hiring, transmission of incorrect data to USCIS for E-Verify purposes and civil penalties.
Upon hire, the employee will be prompted to use Tracker I-9 Complete to complete Section 1 of the Form I-9. At the University of California, I-9 processors are required to ensure that an employee record exists in Tracker I-9 Complete and that Section 1 is complete no later than the employee's first day of employment.
If Section 1 is not completed by the first day, the issue will be escalated to the designated I-9 managers or groups assigned by each campus location.
The I-9 processor (or authorized representative of the employer) must use Tracker I-9 Complete to complete Section 2 of the form within three business days of the employee’s first day of employment.
If an employee fails to provide appropriate document(s) or Section 2 is otherwise not completed within the three day requirement, the issue will be escalated to the designated I-9 managers or groups assigned by each campus location.
Remote hires are employees who cannot be physically present at their home location to complete Section 2 of their I-9. In this circumstance, the employee must seek an authorized representative who will use Tracker I-9 Complete to complete Section 2 of Form I-9 on behalf of the University of California.
Who can be a verifier?
- Someone over the age of 18
- The employee must meet with this person In-person. (Video conference or email is not acceptable)
- Preferably not related to the employee
- Suggestions: Roommate, Supervisor, Co-Worker, representative from another college or university near the employee
- They must have a valid email address and access to secure internet.
- Use Service Now to provide this information to BFS 3 business days PRIOR to the employee’s Start date.
If a remote authorized representative cannot be found or is unwilling to complete Form I-9, contact the I-9 coordinator or administrator.
Updates and Re-verifications
The I-9 processor will use Tracker I-9 Complete to complete Section 3 of the Form I-9. Section 3 may be used to re-verify or update work authorization for existing employees and for rehires. I-9 processors may complete this section if this section has not already been utilized and is still accessible. If a paper Form I-9 exists for an employee that requires Section 3 to be completed and the employee’s record do not exist in the I-9 Complete system, a historical I-9 can be completed with the paper Form I-9 scanned and uploaded to the I-9 Complete system to complete Section 3 electronically. Otherwise, a new Form I-9 should be used for re-verification and for updating in the I-9 Complete system.
When rehiring an employee, Section 3 of the Form I-9 may be used if the employee was rehired within three years from the date of the previous Form I-9. Otherwise, a new Form I-9 must be used, and Section 1 and Section 2 must be completed.
UC, as a federal contractor, must verify qualifying new and existing employees, including employees who may be assigned through a transfer to a qualified federal contract/subcontract that contains the Federal Acquisition Regulation (FAR) clause, referred to as the E-Verify clause.
E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. E-Verify compare the information an employee provides on Form I-9 and is processed through Tracker I-9 Complete. For locations using E-Verify, an E-Verify case will be created with the information from the I-9. The E-Verify page will appear and interact with the necessary records.