Purpose of and completion of Form I-9

As part of the Immigration Reform and Control Act of 1986, Form I-9 is used to verify the identity and confirm the employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens.

Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.

To ensure the University of California stays compliant with the law, hiring authorities must verify an employee’s identity and work authorization by completing Form I-9 as noted above. This pertains to all staff, faculty, academic appointees and student hires.

At the University of California, Form I-9 is completed and stored electronically using the vendor system Guardian by LawLogix.

When to Complete Form I-9

To comply with the law Complete Form I-9 Create a case in E-Verify
The earliest you may The employee has accepted an offer of employment The employee has accepted an offer of employment; and
Form I-9 is complete
The latest you may The third business day after the employee started work for pay The third business day after the employee started work for pay; and
Form I-9 is complete
Source: USCIS


How to complete Form I-9

Form I-9 is a two-page form comprising three sections. Each section contains different requirements, and failure to comply would result in delayed hiring, transmission of incorrect data to USCIS for E-Verify purposes and civil penalties.

Section 1

Upon hire, the employee will be prompted to use Guardian to complete Section 1 of Form I-9. At the University of California, I-9 processors are required to ensure that an employee record exists in Guardian and that Section 1 is complete no later than the employee's first day of employment.

If Section 1 is not completed by the first day, the issue will be escalated to the I-9 Coordinator.

Section 2

The I-9 Processor must use Guardian to complete Section 2 of the form within three business days of the employee’s first day of employment.

If an employee fails to provide appropriate document(s) or Section 2 is otherwise not completed within the three day requirement, the issue will be escalated to the I-9 coordinator.

Remote hires

Remote hires are employees who cannot be physically present at their home location to complete Section 2 of their I-9. In this circumstance, the employee must seek a remote agent representative who will use Guardian to complete Section 2 of Form I-9 on behalf of the University of California.

For remote hires, the University will not pre-define remote agent representatives; however the remote agent must be one of the following:

  • Notary
  • Licensed Attorney
  • Employed in HR
  • Agent referred by the University 

If a remote agent representative cannot be found or is unwilling to complete Form I-9, contact the I-9 coordinator.

Section 3

Updates and Re-verifications

The I-9 processor will use Guardian to complete Section 3 of Form I-9. Section 3 may be used to re-verify or update work authorization for existing employees and for rehires. I-9 processors may complete this section if this section has not already been utilized and is still accessible. Otherwise, a new Form I-9 should be used for re-verification and for updating.

Rehires

When rehiring an employee, Section 3 of the form may be used if the employee was rehired within three years from the date of the previous Form I-9. Otherwise, a new Form I-9 must be used, and Section 1 and Section 2 must be completed.

E-Verify

UC, as a federal contractor, must verify qualifying new and existing employees, including employees who may be assigned through a transfer to a qualified federal contract/subcontract.

E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. E-Verify compares the information an employee provides on Form I-9 and is processed through Guardian. For locations using E-Verify, an E-Verify case will be created with the information from the I-9. The E-Verify page will appear and interact with the necessary records.