Guide to Employment Eligibility Verification Process for Grant-Funded Positions

Employment Verification/I-9 Process Training Instruction Regarding Mandatory Employment Verification Grant Conditions Office of Criminal Justice Programs, Tennessee Department of Finance and Administration

Background Why This Training Now? New Federal Regulations have enhanced the requirements for employment eligibility verification. The personnel files of ALL grant funded employees and interns associated with the grant must be compliant with the enhanced employment eligibility verification regulations. Each agency is required to provide training to its officials and staff members who are involved in the hiring process for grant funded positions. OCJP created these slides to assist your agency with training and compliance with the new employment verification regulations. 2

Employment Eligibility Verification Condition The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 3

Steps for Proper Verification The Grant Condition requires your agency to properly verify the employment eligibility of all employees or interns who perform any work associated with or funded (fully or partially) by the grant award. Proper Verification means that your agency will collect and maintain a Form 1- 9 and required supporting documents for each employee and intern by taking the following steps. 1. Collect the I-9 Form from the employee/intern. The employee/intern must complete, sign, and date Section 1 of Form 1-9 before or on the FIRST day worked, but not before accepting the job/internship offer. Electronic signatures are not accepted. 2.The employee/Intern must also provide the original ID documents that are required by the Form I-9 Document before the end of the THIRD day worked. (Lists of acceptable documents appears on page 3 of Form I-9) 3. The agency hiring official must review the I-9 Section I provided by the employee/intern for completeness and signature; review and copy the original ID documents; and sign the certification before the end of the THIRD day worked by the employee intern. 4

Steps for Proper Verification (continued) Acceptable ID Documents. One document from List A is all that is required. If a document from List A is provided, you do not need to request anything else. Make a photocopy of the FRONT and BACK of the original document to save for the personnel file. If no document from List A is provided, then you MUST collect one document from List B ANDone document from List C. For example: one valid driver s license (List B) AND one certified copy of a TN birth certificate with the state seal (List C)). Make a photocopy of the FRONT and BACK of both original documents to save for the personnel file. If you have concerns about whether a document is authentic, contact your agency legal counsel for assistance. 5

Use of E-Verify Optional After collecting proper employment eligibility verification, agencies that participate in and use E-Verify may submit the I-9 through E-Verify for review. E-Verify is not required by the grant conditions. If E-Verify is used, the agency must comply with all program requirements and receive training for the program. OCJP does not provide training or advice regarding the use of E-Verify. 6

Retaining Eligibility Verification Documents All employment eligibility verification documents must be retained in the personnel file of employees and interns in positions related to the grant or funded (in full or in part) by grant funds. The original completed and certified Form I-9 and copies of the front and back of the original documents provided with the Form I-9 must be maintained in the personnel file. If an employee/intern supplements the Form I-9 or brings additional documents to support the Form I-9, DO NOT DISCARD the original Form or Documents. Make all supplements on the original Form I-9 with new signatures and dates next to the supplement. It is necessary to retain the original Form 1-9 and copies of the documents which were supplied on DAYS 1 through 3 of employment. If your agency uses E-Verify, all confirmations and documents received from E- Verify must be maintained in the personnel file. Your agency must retain a copy of this training, and a copy of the Memo providing Notice of the Employee Eligibility Verification Requirements, dated _________. These documents must be available for review by OCJP. 7

Training Requirements Each agency must provide employee eligibility verification training to its officials or other staff members who are involved in the hiring process for any position that is or will be funded with any award funds. This training is not to be considered as legal advice, but as instructive information regarding the employment verification forms and the collection and retention process. If you have specific legal questions regarding authenticity of documents, qualification of visa or permanent residence documents, or other legal matters, you are advised to consult with your agency legal counsel. 8

Conclusion For questions regarding your agency s I-9 or background check compliance, please reach out to your OCJP Program Manager. 9