University of Nebraska Kearney

I-9 Procedures To Comply With Passage Of LB 403 

The Nebraska State Legislature passed legislative bill (LB) 403 which requires every public employer to register with and use the federal government E-Verify system to determine the work eligibility status of new employees.  This went into effect October 1, 2009.  (E-Verify is already required as of 9/8/09 for anyone on federal money.)

E-Verify utilizes information from an employee’s form I-9 to search the databases of the Social Security Administration and the Department of Homeland Security to ensure the person is lawfully eligible to work in the United States. 

The E-Verify regulations state that verification must be conducted within the first 3 business days of employment, as is the rule for completion of form I-9.  Since this will cause a compressed timeframe in which the hiring department must complete the I-9 and get it to Human Resources (HR) who will conduct the e-verification, a new process has been established to expedite the document transfer from department to HR.     

For all employees, the department must complete the I-9 on the first day of employment and then either hand deliver them to Human Resources or scan it and the supporting documents to be included to the UNK HR E-Verify e-mail account (hreverify@unk.edu) and send via e-mail in an encrypted message on the same day they are completed.

Once the I-9 is received in HR it will be processed through the E-Verify system. If a new hire’s information is confirmed in the E-Verify system it will be a quick and simple process.  If the I-9 information cannot be confirmed, HR will notify the effected employee and their department.  The employee will be responsible for contacting the appropriate government agency to resolve the issue within 8 federal business days.  HR will be available for assistance.  Those employees who fail or are unable to resolve the E-Verify issue, will be terminated from employment. 

Participation in the E-Verify system also requires:

1. Documents for all employees are completed no later than the first day of employment and delivered to HR (either in person or via encrypted e-mail to hreverify@unk.edu).
2. In order to complete the E-Verify process all “List B” identity documents must contain a photograph. (some will require copies of the back of the identity document)
3. It is mandatory that an employee provide their social security number on form I-9

Departments who receive a federal contract with a FAR E-Verify clause must E-Verify all employees who will perform work under the contract within 30 days of beginning the contract or 90 days from the contract award date, whichever is later.  Anyone hired prior to 11/6/86 are exempt from this process.

LB 403 is also interpreted to require employee attestation of their lawful resident status for participation in the University tuition remission program.  This is available in Firefly to be completed each semester.  UNK will utilize paper forms for this process for those on the KSC tuition program.

If you have questions please contact Human Resources at 865-8655.

E-Verify Process in HR for New Hires

1. The Office Associate will complete the I-9 form and bring it to HR or scan it and send it to the UNK HR E-Verify e-mail account (hreverify@unk.edu) via encrypted e-mail, no later than the first working day.
2. The completed I-9 is given to the Payroll Technician (Human Resource Technician is back-up) to enter into the E-Verify system.
3. If the E-Verify process is confirmed, the case number, date and person conducting the E-Verify will place the information on the upper right-hand corner of the I-9 form.  The completed form is then filed in Human Resources.  If the E-Verify process is not confirmed, follow-up is completed  which includes calling the employee and asking them to come to HR, providing them the notification letter and having them indicate what course of action they will take.  The department Office Associate and Chair/Director are also notified that there is an issue that must be resolved in 8 business days. The HR Director will be notified of anyone not completing the E-Verify process to help coordinate with the Chair/Director the termination of that person’s employment. If anyone is terminated due to not completing the E-Verify process, the appropriate separation action code will be used.

    4.  Human Resources will enter the E-Verify date into SAP on the date specifications screen.

    5.  The I-9 and associated E-Verify report are then filed in the I-9 file cabinet.

E-Verify Process in HR for Existing Employees 

1. When a department is notified that they are the recipient of federal funds, a new I-9 should be completed on any existing employees who will be paid from those funds.  The Office Associate will complete the I-9 form and bring it to HR or scan it and send it to the UNK HR E-Verify e-mail account, within 30 days of the employee being paid from those funds or 90 days from the contract award date, whichever is later.
2. The completed I-9 is given to the Payroll Technician (Human Resource Technician is back-up) to enter into the E-Verify system.
3. If the E-Verify process is confirmed, the case number, date and person conducting the E-Verify will place the information on the upper right-hand corner of the I-9 form.  The completed form is then given to the Payroll Technician and filed with the previous I-9 if one is on file (there will not be for anyone hired prior to 11/6/86).
4. If the E-Verify process is not confirmed, follow-up is completed  which includes calling the employee and asking them to come to HR, providing them the notification letter and having them indicate what course of action they will take.  The department Office Associate and Chair/Director are also notified that there is an issue that must be resolved in 8 business days. The HR Director will be notified of anyone not completing the E-Verify process to help coordinate with the Chair/Director the termination of that person’s employment. If anyone is terminated due to not completing the E-Verify process, the appropriate separation action code will be used.
5. The Payroll Technician will enter the E-Verify date into SAP on the date specifications screen.
6. The I-9 and associated E-Verify report are then filed in the locked I-9 file cabinet.

 http://nebraska.edu/docs/legal/LB403GCGuidance.pdf   (Guidance from UN General Counsel on LB403)

 http://nebraskalegislature.gov/laws/search_range_statute.php?begin_section=4-108&end_section=4-114   (Link to LB403)