Personnel Policy Manual

<<  Appendix Y: I-9 and E-Verification Policy

The I-9 and E-Verification Policy applies to all employees, including but not limited to faculty, appointed staff, staff, bargaining unit and students.

To comply with federal laws, the Immigration Reform and Control Act of 1986, Immigration Act of 1990, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, employers must verify the identity and employment authorization of each person hired. Employers are required to complete and retain a Form I-9, Employment Eligibility Verification form, for each employee hired after November 6, 1986, and refrain from discriminating against individuals on the basis of national origin or citizenship.

Effective September 8, 2009, federal contractors are required to use the U.S. Citizenship and Immigration Services' E-Verify system. This change is reflected in the Federal Acquisition Regulation (FAR) that implements executive order 12989, as amended by President George W. Bush on June 6, 2008, directing federal agencies to require that federal contractors agree to verify electronically the employment eligibility of their employees. As a federal contractor, the Johns Hopkins University is required to E-Verify all newly hired employees, rehired employees and all current employees who were hired after November 6, 1986, and who work under a federal contract.

E-Verify is an internet-based employment verification system operated by the Department of Homeland Security (DHS) in conjunction with the Social Security Administration (SSA). The system allows employers to search and compare the information provided by an employee on the Form I-9 against records in DHS and SSA databases to confirm the employee is eligible to work in the United States.

Notice must be provided to inform applicants, faculty, students and employees that Johns Hopkins University is an E-Verify employer. The University's employment web site, the student application for employment and the faculty offer/appointment letter must include the following language.

"As an employer who participates in the federal E-Verify program, Johns Hopkins University will provide the Social Security Administration (SSA) and, if necessary, the Department of Homeland Security (DHS), with information from each employee's Form I-9 to confirm work authorization. If the Government cannot confirm that you are authorized to work, the University is required to provide you written instructions and an opportunity to contact SSA and/or DHS, so that you can resolve any discrepancies directly with the federal agency."

As a Federal contractor, JHU must post the English and Spanish notices provided by DHS indicating our participation in the E-Verify program, and the Right to Work Poster issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC). Both notices must be clearly displayed at the hiring site(s) to inform prospective employees that the University participates in E-Verify.

The employee must complete Section 1 of the Form I-9 on or before the first day of work for pay. The University designated I-9 user must complete Section 2 of the Form I-9 within three (3) business days of the first day of work for pay. However, if the employee is going to work three (3) or fewer days, Sections 1 and 2 must be completed on or before the first day of work for pay.

The E-verification process must be initiated within three (3) business days of the first day of work for pay.

E-verify cannot be

  • Used to pre-screen applicants for employment
  • Used to discriminate against a job applicant or employee on the basis of national origin, citizenship or immigration status
  • Administered selectively
  • Used to inquire about the employment eligibility of an employee once the employee's employment authorization has been E-verified.

The anti-discrimination provision of the Immigration and Nationality Act, as amended, prohibits the following:

  1. Citizenship or immigration status discrimination
  2. National origin discrimination
  3. Unfair documentary practices during Form I-9 process (document abuse); and
  4. Retaliation

I-9 Guide