REG 05.55.09 – Employment Eligibility Verification

Authority: Vice Chancellor for Finance and Administration

History: First Issued: May 26, 2009. Last Revised: January 24, 2023.

Contact Info: Supervisor, HR Service Center  (919-515-8386)

1. Purpose

1.1 As required by the Immigration Reform and Control Act of 1986, North Carolina State University (NC State) only hires individuals who are legally eligible to work in the United States. NC State verifies the identity and employment eligibility of each person hired, completes and retains a federal Form I-9 for each employee, and does not discriminate against individuals on the basis of national origin or citizenship.

1.2 As required by State law, NC State also has a Memorandum of Understanding with the U.S. Department of Homeland Security and the Social Security Administration to electronically verify the employment eligibility of all newly hired employees using the federal E-Verify system.

2. Covered Individuals

2.1 NC State completes a federal Form I-9 and conducts an E-Verify verification for new hires, as well as rehires following a break in service, including faculty, EHRA non-faculty professionals, SHRA staff, post-docs, temporary employees, student workers and all other persons who perform labor or services in return for wages or other remunerations. This requirement applies to every person hired after November 6, 1986. Current employees who move from one position to another without a break in service are not subject to either the I-9 or E-Verify processes.

2.2 Foreign national nonimmigrant employees at NC State, who are work-authorized, have employment eligibility until their current nonimmigrant status expires, as noted on the Form I-9. At the time of expiration of their employment eligibility and nonimmigrant status, foreign national nonimmigrant employees must have their I-9 form re-verified with new employment eligibility documentation. If such employees cannot produce acceptable employment eligibility documentation, employment must be terminated.

3. Procedures

3.1 NC State verifies the employment eligibility of all newly hired employees by completing the I-9 form and using the federal E-Verify system.

3.2 New employees must complete Section 1 of the I-9 form on (or before) the first day of work.

3.3 The hiring department, college/division, or university authorized user of the electronic I-9 system, or other authorized user within Human Resources (HR), completes Section 2 of the I-9 form within three business days after the individual’s start date. The university representative must see original employment and identity documents which must appear to be genuine and relate to the person presenting them.

3.4 When individuals are hired to perform work remotely (at a location other than the main NC State campus), the hiring department should contact the I-9 Program in the HR Service Center before the individual’s first day of employment to make appropriate arrangements to ensure compliance with sections 3.2 and 3.3 above.

3.5 The university representative must not make or attach copies of employment or identity documents to the I-9 form unless the person presents a U.S. passport or U.S. passport card, a Permanent Resident Card, or an Employment Authorization Card. If one of these documents is presented, a copy must be attached/uploaded in the I-9 system per the E-Verify Memorandum of Understanding.

3.6 Upon completion of the electronic I-9 process for a new hire, the I-9 system automatically sends the I-9 information to the E-Verify system.  The responsible system user who completed Section 2 with the employee must monitor the I-9 system (via the “dashboard”) to ensure proper approval and completion of all steps in the I-9 and E-Verify systems.

3.7 If the new employee cannot produce acceptable documents proving employment authorization and/or identity within three business days after the date of hire to complete the I-9 process, employment must be terminated. The individual will be paid for any services rendered.

3.8 If the new employee’s employment eligibility cannot be confirmed through the E-Verify process, the university may be obligated to terminate the employment relationship in order to comply with the Memorandum of Understanding.

3.9 All I-9 forms and E-Verify results are stored electronically in the I-9 system.  Departments and colleges should not print out or otherwise maintain separate copies.

4. Authorized Representatives

Only individuals who have completed appropriate I-9 and E-Verify training and who have been granted a user license by the I-9 Program in the HR Service Center may access the I-9 system, review documents, complete and monitor the I-9 process, and complete and monitor the E-Verify process on behalf of NC State.