Date: March 3, 2011
To: HR Liaisons and RIAS HCM and Payroll Preparers and Approvers
From: Vivian Fernandez
Vice President Faculty and Staff Resources
Subject: Requirement of Form I-9 as Part of the New Hire Process

This is a reminder to HR Liaisons, and RIAS HCM and Payroll Preparers and Approvers regarding the requirement to complete the Form I-9 as part of the new hire process for all employees, the reappointment process for employees who have had a break in service, and for reverification in instances where an employee’s Work Authorization has expired. At Rutgers, the process for completion of the Form I-9 has been facilitated by the implementation of a paperless web-based application that was piloted on the Newark campus, and for which numerous in-person training sessions were conducted on all three Rutgers campuses.

The Immigration Reform and Control Act of 1986 requires employers to verify that employees hired after its enactment have legal working status in the United States. Such verification must take place no later than three days from the commencement of employment, through the accurate completion of the Form I-9. If the three-day timeline is not met, the law requires that the employee be terminated. The university, as an employer, must comply with federal law.

Please note that in order to be in compliance, the Form I-9 must be completed accurately, and within 3 days of commencement of employment. Late completion of the form, even if accurate, does not comply with the requirements of this law. Enforcement of the Immigration Reform and Control Act of 1986 falls under the jurisdiction of the Department of Homeland Security (DHS); and failure to comply with the Form I-9 requirements may result in fines and penalties to your department as follows:

  • Failing to Comply With Form I-9 Requirements

If you fail to properly complete, retain, and/or make available for inspection Forms I-9 as required by law, you may face civil money penalties up to $1,100 for each violation.

  • Hiring or Continuing to Employ Unauthorized Aliens

If DHS determines that you have knowingly hired unauthorized aliens (or are continuing to employ aliens knowing that they are or have become unauthorized to work in the United States), it may order you to cease and desist from such activity and pay a civil money penalty up to $3,200 for each unauthorized alien for the 1st offense; up to $6,500 for each unauthorized alien for the 2nd offense; and up to $11,000 for each unauthorized alien for the 3rd offense.

While we recognize that the size and complexity of this institution may provide some logistical challenges around schedules and location, which may make the process more cumbersome, it is critical for everyone to understand that the law does not provide exceptions or extensions to the timely completion of the Form I-9.

For additional information regarding Form I-9 compliance, please visit our website at . If you have any questions, please contact Sara Hoffmann, Sr. Human Resources Associate, at 732-932-3020, ext. 4061, or at shoffmann@hr.rutgers.edu.