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NORTH GEORGIA HEALTH DISTRICT
County Board of Health Personnel Policy #503
Cherokee, Fannin, Gilmer, Murray, Pickens, Whitfield
VERIFYING IDENTITY AND EMPLOYMENT ELIGIBILITY
EFFECTIVE DATE: June 1, 2010 RELEASE DATE: June 1, 2010
REFERENCES:
Federal Law (8 USC 1324a - Immigration Reform and Control Act)
The Immigration Reform and Control Act requires employers, including the County Boards of Health (CBH), to verify the identity and employment eligibility of new employees as outlined in this policy. It is unlawful to knowingly hire or recruit an alien unauthorized to work in the United States or any individual without complying with the identity and employment eligibility verification requirements.
The provisions of this policy apply only to newly hired employees and employees returning to State government after a break in service. This policy does not apply to promotions, transfers or demotions within CBH or between State agencies.
UNAUTHORIZED ALIENS
“Unauthorized aliens” are aliens who are not either:
1. Lawfully admitted for permanent residence; or
2. Authorized to be employed under the provisions of the Immigration Reform and Control Act or by the Attorney General of the United States.
VERIFICATION PROCESS
In order to establish employment eligibility, the Department of Immigration and Naturalization (INS) Form I-9 must be completed for all new employees.
1. INS Form I-9 is to be included in all appointment packets.
2. New employees will complete Section 1 of the INS Form I- 9 on their first day of employment in the District Personnel Office.
NOTE: If new employees cannot complete Section 1 by themselves or if they need the form translated, assistance may be provided. A preparer or translator must read the form to the employee, assist in the completion of Section 1, and have the employee sign or mark the form in the appropriate place. The preparer or translator must then complete the Preparer and/or Translator Certification block on the form.
3. Documentation verifying identity and employment eligibility (e.g., U.S. passport, resident alien card, social security card, etc.) must be submitted with INS Form I-9.
3.1 INS Form I-9 lists acceptable documents that verify either identity or employment eligibility and documents that serve to verify both.
3.2 Employees can choose which document(s) they want to provide from the Lists of Acceptable Documents attached to INS Form I9. The District
Personnel Office must accept any document(s) from the Lists of Acceptable Documents that reasonably appears on its face to be genuine and
relate to the person providing it.
3.3 New employees who are unable to provide required documentation upon reporting to work must, within three (3) workdays, provide either the
verifying documentation or a receipt for the application of replacement documentation. If a receipt is provided, the actual verifying documentation
must be provided within ninety (90) calendar days.
NOTE: The District Personnel Representative is responsible for monitoring and ensuring that the actual verifying documentation is received in a timely manner.
4. The District Personnel Representative is to do the following:
4.1 Review Section 1 of INS Form I-9 to ensure that it has been properly completed;
4.2 Review and photocopy the documentation verifying identity and employment eligibility and return the original(s); and
4.3 Immediately complete Section 2 of INS Form I-9.
MINORS UNDER AGE 18
If new employees are minors under age 18 and do not have required documentation to establish identity; INS Form I-9 is to be completed as follows:
1. A parent or legal guardian is to complete Section 1 and write “Individual under age 18” in the space for the employee’s signature.
2. The parent or legal guardian must complete the Preparer and/or Translator Certification block.
3. The minor must present documentation from List C on the Lists of Acceptable Documents to verify employment eligibility.
4. The Personnel Representative is to write “Individual under age 18” in the space for “Document #” in Section 2 under List B, and record appropriate information regarding the documentation provided to verify employment eligibility in Section 2 under List C.
REVERIFICATION
Section 3 of INS Form I-9 is to be completed by the Personnel Representative and identity and/or employment eligibility must be reverified under the following circumstances.
1. The Lists of Acceptable Documents specifies that some documents with expiration dates must be unexpired in order to verify employment eligibility. When such documentation is received from a new employee, the Personnel Representative is responsible for monitoring the expiration date and reverifying employment eligibility prior to expiration. A photocopy of the renewed documentation is to be attached to INS Form I-9.
2. Reverification is not required for identity documents. United States Passports, whether valid or expired, never require reverification. Alien Registration or resident alien cards held by permanent residents do not require reverification.
3. When an employee is re-employed after a break in service, identity and employment eligibility must be reverified.
3.1 If re-employed within three (3) years of the date the original INS Form I-9 was completed, Section 3 of the original form is to be appropriately
completed. If the same documentation is provided to verify identity and employment eligibility, additional photocopies are not necessary.
3.2 A new INS Form I-9 must be completed if more than three (3) years has passed.
NOTE: If an employee’s name has changed at the time of reverification, or any other time during employment, a photocopy of the documentation verifying the legal name change (e.g., marriage certificate, etc.) is to be placed in the employee’s official personnel file.
RECORD MAINTENANCE ACCESS
1. The completed INS Form I-9 and documentation verifying identity and employment eligibility are to be maintained in & the employee’s official personnel file. These documents are to be maintained for at least three (3) years after the date of hire or one (1) year after the date employment ends, whichever is later.
2. The completed INS Form I-9 and any information attached to the form may not be used for purposes other than compliance with the provisions of this policy.
3. The INS Form I-9 is subject to inspection only by authorized officials to the extent necessary to verify that an individual is not an unauthorized alien OR if subpoenaed by a court of competent jurisdiction.
UNLAWFUL DISCRIMINATION
1. In general, it is an unfair immigration-related employment practice to discriminate against an individual (other than an unauthorized alien) with respect to hiring or recruitment on the basis of national origin or citizenship status.
2. The refusal to hire an individual because of a future expiration date on employment eligibility verification may also be illegal.
3. It is not an unfair immigration-related employment practice to hire or recruit a U.S. citizen or national over an alien, on a case-by-case basis, if the two (2) individuals are equally qualified. CBH cannot, however, adopt a blanket practice of always preferring qualified citizens or nationals to qualified authorized aliens.
4. Retaliation against employees who file complaints of unlawful discrimination or who serve as witnesses or otherwise participate in the investigation of complaints is prohibited.
For additional information or assistance, please contact the District Personnel Office at 706/272-2342.
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