Form I-9 and E-Verify Compliance

I-9 and Returning to Campus
On March 19, 2020 the Department of Homeland Security (DHS) relaxed rules regarding the physical presence requirements associated with Employment Eligibility Verification (Form I-9) . This exception is in place until either July 19, 2020, normal University operations resume (Est 8/3) or the termination of the national emergency, whichever comes first.

Once normal operations resume, all employees who completed the I-9 using remote verification, must report to their department I-9 representative within three business days for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.

Note: For units that are not operating remotely and are physically present at a work location (i.e., on-site), I-9 completers should follow the normal I-9 process. However, if newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis. Please reach out to teamhrs@nmsu.edu for additional instructions regarding quarantine or lockdown instructions.

Instructions as well as additional information will be made available as it becomes available. If you have any questions, please reach out to teamhrs@nmsu.edu

 

Form I-9E-Verify Process

I-9 Compliance

As required by federal law, the university must complete and retain a Form I-9 for each individual, citizens and non-citizens, hired for employment in the U.S. The form requires employees to submit documents that verify their identity and employment authorization. NMSU has contracted with Equifax Workforce Solutions to provide a 24/7 web-based system for new and rehired employees to complete the form I-9 and process each E-Verify case. Effective March 1st 2020, your location will use a Web-based I-9 service to enter electronic I-9’s and to ensure employment eligibility for all hires (E-Verify)

Deadline

Completion of Form I-9 is a shared responsibility of both the employee and the hiring department.

  • Form I-9 can be completed as soon as, but not before, a job offer has been extended and accepted.
  • Section #1 must be completed by the employee no later than the first day of employment.
  • Section #2 must be completed by an authorized university representative on or before the third day of employment.

Acceptable documentation for completion of the I-9 is available on the federal government’s I-9 Central website. Employees who are unable to meet federal I-9 requirements cannot lawfully be employed.

Form I-9 Document and Instructions

Before using the Electronic I-9 system it is recommended that you review the Form I-9, Employment Eligibility Verification form issued by the Department of Homeland Security, U.S. Citizenship and Immigration Services and the Handbook for Employers, Guidance for Completing Form I-9 (Employment Eligibility Verification Form) M-274

 

Completing a Remote I-9

Human Resource Services is available to assist departments that are hiring employees that are unable to reach a New Mexico State University campus. To complete a remote I-9, please send an email to teamHRS@nms.edu and provide a zip code for the new employee. We will provide additional instructions on how the employee can complete their I-9.

System Access

Departments adding or removing users to the Electronic I-9 System will complete the Electronic I-9/E-Verify AccessForm. All new users will be required to attend an I-9/E-Verify Training session, please visit Training Central for dates and times of available trainings.

Once access has been granted, users will access the system through MyNMSU Electronic I-9 System link under the Employee Tab.

NMSU has become an E-Verify employer effective 03/01/2020.

E-Verify

E-Verify is the federal government system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). E-Verify uses federal databases to validate the identity and work eligibility from the information gathered in the Form I-9.

Federal regulations require organizations that hold contracts with the federal government to use E-Verify to verify the employment eligibility of their employees, regardless of citizenship.

Compliance with the E-Verify requirement requires the cooperation of all units and campuses receiving contract funding. Failure to comply can jeopardize contract funds received university-wide.

Currently, NMSU uses the E-Verify system to conduct employment authorization checks for new employees and any existing employees performing work under qualifying federal contracts.

 

What does this mean for NMSU?

Who does this affect?

All new or rehired employees completing new hire paperwork after March 1, 2020, must complete the Form I-9 electronically.

E-Verify does not apply to existing employees. (Unless on a contract requiring E-Verify)

What are we doing?

Effective March 1, 2020, all NMSU locations will use a Web-based I-9 service to enter electronic I-9’s and to ensure employment eligibility for new hires (E-Verify).

When will we be implement this change?

Go-live on 03/01/2020

Why are we making this change?

There are many reasons, including:

  • Ability to hire STEM OPT students
  • Mandatory in several states (Not NM yet)
  • Improves the accuracy of wage and tax reporting
  • Protects jobs for authorized workers, and helps U.S. employers maintain a legal workforce
  • Assists in prevention of fraud and identity theft

Important Notes

  • HR Liaisons will serve as the unit/college liaison with HRS in the successful implementation and communication of the Electronic I-9 System.
  • Electronic I-9 must be completed within three (3) days of the first day of work
  • With the Electronic I-9 system NMSU is self-reporting I-9 compliance to E-Verify, which can result in large fines for non-compliance.
  • Employees without a Social Security Number can complete the Electronic I-9 Section 1, and will have 90 days to provide the SSN.
  • USCIS has training and guidelines for issues that may arise in the E-Verify process.
  • Ensure that all Form I-9 ‘List B’ identity documents have a photo.

 

Federal Notices are Displayed in all the Regional I-9 Centers and Are Available here for Optional Display in Your Unit

MyE-Verify – Self Check

Self Check is a voluntary, free and simple service that allows individuals to check their employment eligibility so they can have the peace of mind that their records are accurate prior to applying for a job. Self Check does not take the place of Form I-9 or E-Verify processes. More information is located on the Self Check website.

Anyone in the United States over the age of 16 can use Self Check to confirm his or her own employment eligibility. After you enter the requested information, Self Check compares it with various government records to determine your work eligibility in the United States.

Social Security Number

Employees must have a Social Security number (SSN) to be verified using E-Verify. SSNs are also used to report an individual’s wages to the government and to determine a person’s eligibility for Social Security benefits. You need a Social Security number to work, collect Social Security benefits and receive some other government services. A fact sheet is available below to assist you with obtaining a SSN. Departments hiring Foreign Nationals will need to provide them with the information on how to obtain a Social Security Number in order to complete Section 2 of the Electronic I-9.

E-Verify Compliance

In compliance with Executive Order 12989, NMSU uses the E-Verify system to conduct employment authorization checks for new and existing employees performing work under qualifying federal contracts.

E-Verify Program Compliance Documents
For Employees For Departments Implementation Resources
  Stem OPT Information I-9 Notification Letter
USCIS on E-Verify Tentative Non-Confirmtions  
  E-Verify Posters  
     
For questions regarding Form I-9 or E-Verify, please contact teamhrs@nmsu.edu.

 

Quick Links

Access the System

(Recommended Browsers include Chrome, Safari and Firefox)

  • Employees: Offer letters contain the link to access the employee portal
  • Department: The Electronic I-9 System can be found in MYNMSU under the Employee Tab

Guides

Tools & Samples

Notifications