Form I-9

Form I-9 is a federal document required by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity and employment authorization of individuals hired for employment in the United States. All employees (citizens and noncitizens) must complete a Form I-9 at the start of employment.

E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It electronically compares information from Form I-9 to federal databases to confirm employment eligibility.

See the E-Verify website to learn more.

All employees hired to work in the United States must complete Section 1 of Form I-9 no later than their first day of work. 

Hiring managers must complete Section 2 within three business days of the employee's start date.

Section 1: Completed by the employee no later than their first day of employment. 

Section 2: Completed by the hiring department within three business days of the employee's start date.

Employees must present original, unexpired documents. They can choose one document from List A or one document each from List B and List C. USCIS prohibits employers from requesting specific documents. 

Please visit the USCIS website for a list of Acceptable Documents for Verifying Employment Authorization and Identity.

No. 

The employee may choose which document(s) they present from the Lists of Acceptable Documents. You must accept any document (from List A) or combination of documents (one from List B and one from List C) listed on Form I-9 and found in Section 13.0 that reasonably appear to be genuine and to relate to the person presenting them. To do otherwise could be an unfair immigration-related employment practice that violates the anti-discrimination provision in the INA. You must not treat individuals who look and/or sound foreign differently in the recruiting, hiring, or verification process.

Yes, remote hires are permitted. The university participates in E-Verify and qualified to remotely examine employees’ documentation.

What are the procedures for remote examination of documents?

1. Examine copies (front and back, if the document is two-sided) of Form I-9 documents or an acceptable receipt to ensure that the documentation presented reasonably appears to be genuine and relates to the employee;
2. Conduct a live video interaction with the individual presenting the document(s) to ensure that the documentation reasonably appears to be genuine and relates to the individual. The employee must first transmit a copy of the document(s) to the employer (per Step 1 above) and then present the same document(s) during the live video interaction; and
3. Retain a clear and legible copy of the documentation (front and back if the documentation is two-sided).
4. Indicate that an alternate procedure authorized by DHS was used to examine documents in the additional information field in Section 2.

Hiring managers must:

• Ensure employees complete Section 1 timely.
• Examine employee documents physically.
• Complete and sign Section 2 within three business days.
• Submit the I-9 for E-Verify processing.

Late or missing I-9s can result in significant penalties for the institution. Employees who fail to complete the Form I-9 and E-Verify within the required timeframe may not be allowed to continue working.

A returning employee may complete Supplement B when:

• The employee is rehired within 3 years of the date the prior Form I-9, Employment Eligibility Verification, was originally completed; or
• Your employee has a legal name change.

A returning employee must complete a new Form I-9 when:

• The prior Form I-9 is dated more than 3 years from their rehire start date

Yes. 

Anyone who receives wages through university payroll must complete Form I-9, including student employees, graduate assistants, research assistants, teaching assistants, adjunct instructors, and postdoctoral researchers.

Hiring managers should track expiration dates for employees on temporary work authorizations. Re-verification using Supplement B of the I-9 must occur before the expiration date.

No. 

During re-verification, you must allow an employee to choose what document to present from either List A or List C. If the employee presents an unrestricted Social Security card, the employee does not also need to present a current DHS document. 

However, if the employee presents a restricted Social Security card, you must reject it since it is not an acceptable Form I-9 document and ask the employee to choose a different document from List A or C.

No. 

Employees must present original, unexpired documents.

International employees typically present their foreign passport, visa, Form I-94, and work authorization (e.g., H-1B approval notice).

International Student Employees (F-1 or J-1 status) typically present Form I-20 (F-1) or DS-2019 (J-1) along with passport, Form I-94, and proof of work authorization (e.g., CPT authorization for F-1 students).

• E-Verify participation is generally required for STEM OPT extension employment.
• Must maintain valid immigration status while employed.

*Note: International employees who do not have a Social Security Number (SSN) on their first day of employment, should leave the SSN field blank on Section 1 of the Form I-9. The SSN and SS card must be provided to the hiring department as soon as the employee receives it and no later than 90 days from the first day of employment.

A TNC means the information entered into E-Verify does not immediately match government records. Employees must be notified promptly and given the opportunity to resolve the mismatch. A mismatch case result does not necessarily mean that you are not authorized to work in the United States.

Within 10 federal government working days after E-Verify issues the mismatch case result:

• The hiring department must notify the employee of a mismatch result and complete the referral process, if applicable.
• The employee must decide whether to take action to resolve the mismatch.
• The employee must notify the hiring manager of the decision by the 10th federal government working day after E-Verify issued the mismatch result or your employer may close your case in E-Verify.
• If the mismatch is not resolved, the case may result in a Final Non-confirmation which may result in termination of employment.

Hiring managers and employees can reach out to Human Resources by email at hr@txstate.edu.