Immigration Reform and Control Act of 1986 (C-11)
OFFICE OF THE PRESIDENT
EXECUTIVE MEMORANDUM No. C-11
(Supersedes Executive Memorandum No. C-11, dated August 15, 1987)
March 1, 1994
To: Deans, Directors and Heads of Schools, Divisions, Departments and Offices and Regional Campus Chancellors
Re: IMMIGRATION REFORM AND CONTROL ACT OF 1986
The purpose of this policy is to inform departments and administrative units of the requirements of the Immigration Reform and Control Act of 1986 and to communicate the University's unwillingness to employ individuals without first verifying their employment eligibility.
The Immigration Reform and Control Act of 1986 requires employers to verify that each person hired is authorized to work in the United States. Employees hired since November 7, 1986, are affected by the law, including faculty, administrative/professional, clerical/service, post-doctoral, graduate assistants and instructors, and student employees.
Purdue University requires all new or rehired employees to establish proof of identity and employment eligibility before commencing employment and will not employ individuals who are unable to do so. Anyone working without the appropriate documentation must be suspended or terminated in accordance with the following procedures.
In order to comply with the law's requirements, the following procedures are effective immediately:
Verification of employment eligibility is the responsibility of the hiring department. The Personnel Services offices at West Lafayette and Calumet and Personnel/Payroll Services at Fort Wayne have responsibility for overseeing these procedures and maintaining employment eligibility information.
- Employment Eligibility Verification
Before an employee reports to work for the first time, the hiring official or designated departmental representative must request proof of identity and employment eligibility from the newly-hired employee. The employee must complete section 1 of INS Form I-9, and the departmental representative must complete section 2 of the form. See the attached list of documents that are acceptable for use in determining identity and eligibility.
- Reverification of Employment Eligibility for Rehired Employees or Expired Work Authorizations
If an employee is rehired within three years of completing the INS Form I-9, the original form may be reviewed to determine whether or not the individual remains eligible to work. If the original form indicates no expiration date for employment eligibility or the date has not expired, the INS Form I-9 remains valid. However, the employee's eligibility to work must be reverified prior to a listed expiration date. Once an expiration date has passed, the form is no longer valid and an individual's expiration date must be reverified prior to rehire. Employees may not continue to work without an extension of their employment eligibility beyond the previously expired date.
- Immigration and Naturalization Service, Form 1-9 (INS Form 1-9)
The completed INS Form 1-9 along with the Business Office Form 13 must be forwarded for processing and maintenance to Personnel Services at the West Lafayette and Calumet campuses and Personnel/Payroll Services at Fort Wayne. In addition, any immigration documents verifying work authorization dates should be attached. Copies of other documents used in the verification process are not required.
It must be clearly stated in all communications with new employees that no individual will begin employment without: a) providing the required documentation and b) completing an INS Form I-9.
- Failure to Comply with the Policy
If the employment of any individual is found to be inconsistent with this policy, the employee and supervisor will be immediately notified that employment must be suspended without pay. If the INS Form 1-9 is completed within ten (10) working days of suspension, the employee may be returned to the payroll. The payroll change and Notice of Suspension should be forwarded to the Payroll Office for processing.
If compliance is not achieved within ten (10) working days from the date on the Notice of Suspension, employment will be terminated. Upon termination, the payroll change, Notice of Suspension, and the report of termination should be forwarded to the Payroll Office.
- Student Employment
When classes are in session, international students are limited by law to working a total of twenty (20) hours a week.
It is illegal to discharge or to refuse to hire an individual based on national origin or because the person is not a U.S. citizen. The University will continue to enforce a policy of nondiscrimination in its hiring and promotion practices.
It is the responsibility of all persons with hiring authority to ensure that these procedures are followed for every newly-hired employee and those employees with work eligibility expiration dates.
Questions regarding these procedures should be directed to the personnel offices at each campus.
Steven C. Beering