The Immigration Control and Reform Act of 1986 makes it unlawful to knowingly hire aliens who are unauthorized to work in the United States. All individuals, including students, who are hired must verify their identity and work authorization by completing the Form I-9 and by being E-Verified, or the employer will be subject to civil fines and penalties. The Act also prohibits discrimination in employment based on national origin or citizenship status. Student-employees have 24 hours from the “start date” of their job assignment to complete section 1 of the I-9 and 72 hours (3 business days) to present the required documents to the designated I-9 E-verifier so he/she may complete section 2 of the I-9.
As of January 4, 2010 we are no longer able to accept paper copies of the Form I-9. Student Employees working for the first time at the University of Miami must complete the electronic Form I-9/E-Verify as part of the Onboarding process in Workday.
Once the student employee completes Section I, the designated E-Verifier will complete Section 2. Section 2 of the Form I-9 requires that individuals verify their identity and authorization to work by presenting original documentation.
As of August 1, 2023 I-9 verifiers can verify Section II of the I-9 form remotely. The student must provide a copy of documentation prior to video call. During the call, student must show documentation on camera.
If documentation was verified remotely, I-9 verifiers must check the checkbox in Section II that states "Check here if you used alternative procedure authorized by DHS to examine documents".
The following are List of Acceptable Documents to verify identity and work authorization. Student employees must present either one document from the following list A or one document from both list B and C:
- List A: Documents establishing BOTH identity and work authorization (all documents must be unexpired):
- United States Passport
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
- Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
- Employment Authorization document that contains a photograph (Form I-766)
- In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I-94 or Form I-94A bearing the same names as the passport and containing an endorsement of the alien's nonimmigrant status, as long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.
- Passport from the Federal States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association between the United States and the FSM or RMI
There are separate provisions applying to minors under the age of 18.
- Documents providing ONLY IDENTITY:
- Driver's License or ID card issued by a State or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address.
- ID card issued by federal, state, local government agencies or entities provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address.
- School ID Card with photograph
- Voter's Registration Card
- US Military card or draft record
- Military dependent
- ID Card United States Coast Guard Merchant Mariner Card
- Native American tribal document
- Driver's license issued by a Canadian government authority
- For persons under age 18 who are unable to present a document listed above:
- School record or report card
- Clinic, doctor or hospital record
- Day-care or nursery school record
- Documents providing ONLY EMPLOYMENT ELIGIBILITY:
- Social Security Account Number card other than one that specifies on the face that the issuance of the card does not authorize employment in the United States
- Certification of Birth Abroad issued by the Department of State (Form FS-545)
- Certification of Report of Birth issued by the Department of State (Form DS-1350)
- Original or certified copy of a birth certificate issued by a State, county, municipal authority or territory of the United States bearing an official seal
- Native American tribal document
- US Citizen ID Card (INS Form I-197)
Completing the I-9 (Employment Eligibility Verification Form) Form:
Section I must be completed electronically by the student being hired at the time employment begins, the student must complete all the required fields using the link provided.
Section II must be completed by the department's designated E-Verifier. See Immigration Control and Reform Act of 1986 above for a list of acceptable documents.The following are examples that illustrate the correct procedures for completing SECTION II of the I-9 form:
Documents establishing BOTH identity and work authorization:
- if a US passport, include passport number and expiration date
- if an unexpired foreign passport, include INS-authorization, passport number, issuing authority, and expiration date
- if an Alien card, include Alien card number and expiration date
Two documents, one providing only identity and the other providing employment eligibility
- if a driver's license, include issuing state, license number, and expiration date
- if a Voter Registration card, include identification number
- if a signed Social Security card, include social security number
- if a birth certificate, include registration number
All the dates appearing on the I-9 form must be consistent and must occur before the date the student begins working OR the same date the student begins working.
Tentative Non-Confirmation Status:
In the event that a student employee receives a Tentative Non-Confirmation (TNC) status, the E-Verifier MUST notify the student employee within 3 Federal Government working days and provide him/her with the opportunity to contest. The student will need to come to the Office of Student Financial Assistance and Employment to receive and review the “Further Action Notice.” The Student employee will have the option to Contest or to Not Contest. Both the student employment representative and student employee must sign the documents and a copy must be given to the student employee. Any questions or concerns must be directed to the I-9 representative in the Office of Student Financial Assistance and Employment.
A Student Employee receiving a TNC is authorized to work during the Contest period, and must not be retaliated against in any way in the workplace during this time. Regulations provide that the employee must initiate contact to resolve the TNC with the appropriate government agency (SSA or DHS) within 8 Federal Working Days. Student Employees will not be paid for time off to resolve their case. Any requests for time off must be coordinated in advance with the supervisor. Supervisors are expected to be as accommodating as possible.