1. BACKGROUND INFORMATION

   On November 6, 1986, the Immigration Reform and Control Act of 1986 was passed and became law. This law is important in that it no longer places the entire burden of immigration control on the federal government. The law is designed to remove a basic lure for illegal immigrants--the prospect of a job in the U.S. - by making it unlawful for an employer to hire an individual unauthorized to work in the United States. The Act provides for civil and criminal penalties against employers of as much as $10,000 for hiring an unauthorized alien and/or violating the verification procedure and record keeping requirements of the Act.

   The provisions of this policy apply only to newly hired employees and employees returning to State government employment after a break in service. It does not apply to promotions, transfers or demotions.

2. VERIFICATION OF APPLICANTS SELECTED TO FILL POSITIONS

   In order to establish employment eligibility, the U.S. Department of Homeland Security (DHS) Form I-9 must be completed for all new employees.

   1. New employees must complete Section 1 of the I-9 Form on their first day of employment. If a preparer or translator assists an employee in completing this section of the I-9 Form, then the preparer or translator must complete the certification block in that section.

   2. Documentation verifying both identity and employment eligibility must be submitted with the I-9 Form. The I-9 Form itself lists acceptable documents that may be presented by the employee.

   3. Employees choose the document(s) that they want to provide. GDOT personnel must accept the documents provided by the employee so long as the documents presented reasonably appear on their face to be genuine and to relate to the person presenting them.

   4. GDOT personnel must review Section 1 of the I-9 Form to ensure that it has been properly completed; review and photocopy the documentation provided by the employee; and immediately complete Section 2 of the I-9 Form.

   5. Once both the new employee and GDOT personnel have completed and signed the I-9 Form, the original should be sent, along with the photocopies of supporting documentation, to the Office of Personnel to be included in the employee’s official personnel file.

   New employees who are unable to provide required documentation upon reporting to work must, within three (3) business days, provide the required documentation or provide a receipt for replacement documentation. If a receipt for replacement documentation is provided, the actual documentation must be provided within ninety (90) calendar days.

   Note: Receipts are permissible only for replacement documentation (i.e., lost, stolen or damaged documents). Employees may not present receipts showing that they have applied for initial documents or for extensions.

3. REVERIFICATION

   When an employee’s work authorization expires, his or her employment eligibility must be reverified. Section 3 of the employee’s I-9 Form may be used for this purpose. District and Office personnel staff are responsible for monitoring the expiration dates of employment authorizations and for reverifying employment eligibility prior to the expiration of the employee’s work authorization.

4. FAILURE TO PROVIDE SATISFACTORY DOCUMENTATION

   Any employee who fails to produce required documents within three (3) business days of employment, or who originally presented a receipt for replacement documents then fails to produce actual documents within ninety (90) days of employment, shall be dismissed from employment.

5. FRAUDULENT SUBMISSION OF DOCUMENTS

   Any employee who uses fraudulent identification or employment eligibility documents, or who uses documents that were lawfully issued to a different person, or who makes a false statement or attestation on the I-9 Form shall be dismissed from employment. Such individuals are also subject to monetary fines and/or imprisonment for up to five (5) years.

6. RECORDS RETENTION

   The original, completed I-9 Form and supporting documentation are to be maintained in the employee’s official personnel file. Copies may be maintained in the employee’s local personnel file. Such documents must be maintained for at least three (3) years after the date of hire or one (1) year after the date that employment ends, whichever is later.

7. UNLAWFUL DISCRIMINATION

   It is illegal to discriminate against any individual (other than an individual not authorized to work in the United States) in hiring or discharging because of that individual’s national origin or citizenship status. It is also illegal to discriminate against work-eligible individuals. The refusal to hire an individual because of a future expiration date of employment documents may also constitute illegal discrimination.

Employment Eligibility Verification, form I-9

Document History:

• added to Manual of Guidance: 05/18/87
• added to TOPPS: 10/19/95
• link to INS form I-9 added: 03/31/97
• reviewed: 06/01/04
• reviewed: 01/31/06
• revised to reflect current federal requirements for completing the I-9 form
  require prompt reverification when work authorization documents expire: 07/27/06
• reviewed: 06/08/07

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