The Form I-9 is a document that each new employee must complete (both U.S. citizens and non-citizens) if hired after November 6, 1986 to verify they are authorized to work in the United States.

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E-Verify is an internet-based system that allows an employer to confirm the eligibility of an employee to work in the United States. The E-Verify system is operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). Through E-Verify, employers transmit information provided by the employee on the Form I-9 to the SSA and DHS to ensure authorization to work in the United States. It also validates that your name, social security number, date of birth, citizenship status, and any other non-citizen information you provide your employer on the Form I-9 are consistent with government records.

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As of September 8, 2009, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E-Verify to determine the employment eligibility of: employees performing direct, substantial work under those federal contracts, and new hires organization wide, regardless of whether they are working on a federal contract.
Due to the magnitude of salaries supported by federal grants/contracts and the complexity of our environment, the University of Miami will implement E-Verify for the entire University of Miami workforce, to include faculty, staff, temporary and student employees. The only employees that are exempt from this process are those who have been continuously employed, at the University, with a hire date on or before November 6, 1986.

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Yes, our vendor, HireRight, employs SSL data encryption when data is transmitted over the internet, and has installed robust firewalls to prevent external ‘hacking’ into its system. In order to test system security, HireRight contracts with a third-party specialist to routinely audit, review and test system security, including attempts to gain unwarranted access to its system.

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HireRight is currently one of our background search vendors. After a comprehensive search of vendors, we selected to partner with HireRight for electronic I-9 and E-Verify process. HireRight currently has an electronic solution that offers electronic management of I-9 forms and includes integrated employment eligibility verification. The HireRight I-9 Solution provides all of the tools required to manage the employment eligibility process in one central location on the web, moving a traditionally paper-based process to a secure and efficient electronic solution.

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You will receive an e-mail from HireRight, requesting you to complete Section 1 of the Form I-9 via their secured web-based system. The information requested will be: Once this information is submitted online by you, you will be required to show your original documents to Human Resources, Faculty Affairs, or an authorized designee. They will then complete Section 2 of the Form I-9 and submit it to E-Verify for verification.

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Failure to comply may jeopardize the University’s ability to obtain future federal funding. Not being in compliance can place the University at risk of losing current research funding. As such, employees not compliant will be subject to disciplinary action up to and including termination, consistent with University policies.

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No, only unexpired documents will be accepted.

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Yes, a laminated original Social Security card is acceptable.

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No. You must present original documents. The only exception is that an employee may present a certified copy of a birth certificate.

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A TNC is an information mismatch between the information submitted on an employee’s Form I-9 and the information contained in the Social Security Administration and/or Department of Homeland Security databases.

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If an employee receives a Social Security Administration (SSA) tentative non-confirmation (TNC), they have the option of visiting an SSA field office to update their record or if the employee is a naturalized citizen, the employee may choose to call USCIS directly to resolve the TNC. The phone number can be found on the SSA referral letter. The system then either confirms to the employer that the worker is employment-authorized or it issues a “tentative non-confirmation” (TNC) notice indicating that the databases cannot immediately confirm that the worker is employment-authorized.

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If the employee receives a TNC, the worker then has eight federal working days from the issuance of the TNC to initiate resolution of the TNC with the SSA or DHS.

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Yes, if you elect to contest the TNC. If you elect not to contest, then employment must be terminated immediately.

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Yes; the legislation does not exclude students.

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Refer to the list of acceptable documents to view the document(s) required in order to complete the I-9 Form.

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Yes. Upon your return from leave of absence or return to the U.S., you must complete Section 1 of the electronic Form I-9 and bring your original employment authorization documents to your E-Verify liaison to complete Section 2.

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You receive a Social Security Administration Tentative Nonconfirmation for several reasons, one of them being that the “SSA is unable to confirm U.S. citizenship,” which means that the Social Security Administration cannot confirm that you are eligible to work because Social Security Administration records do not show that you are a U.S. citizen. If you choose to contest the TNC, your employer needs to provide you with the Social Security Administration Referral Letter. Read thoroughly the Instructions for the Employee found in pages 2-3 of the Social Security Administration Referral Letter.

If all of the information provided on the electronic Form I-9 is correct, you have 8 federal government workdays from the date of the referral to resolve your case.

If the reason for the referral is that the “SSA is unable to confirm U.S. citizenship” and you are a naturalized U.S. citizen, you do not need to visit your local Social Security field office to resolve your case. Instead, you may call the Department of Homeland Security to confirm your status as a U.S. citizen. You must give the DHS representative the following information:

• The Case Verification Number shown on the first page of the Social Security Administration Referral Letter; AND
• Your Naturalization Certificate # OR your Permanent Resident Card #.

If you do not have this information, you must visit your local Social Security field office with the documents required to resolve your case (see the Instructions for the Employee found in pages 2-3 of the Social Security Administration Referral Letter for details). If you choose to call the DHS, the representative will inform you whether or not your case has been resolved. If it is resolved, your employer will receive a resolution and your status in HireRight will be updated to “SSA Employment Authorized” within approximately 30 minutes.

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The citizenship status selection should be an alien authorized to work, and you need to provide the I-94 Form. On the electronic Form I-9, enter the Admission Number which is the found in the I-94. Enter the number only, do not enter the leading letter (example, the number is B50000000, you enter 50000000). You must also enter the expiration date found on the I-20.

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Once you submit the form, you cannot make any modifications to Section 1 of the electronic Form I-9. Contact your departmental verifier (refer to the List of E-Verifiers) and tell them to re-invite you to complete the I-9. This requires that they delete the current data and submit a new invitation using the correct/same account you were previously assigned to.

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If the error is obvious and can be proven by showing the Social Security Card or other document with the correct information, you can re-invite the employee to do Section One again. But first, you need to resolve the first occurrence. Click on Actions and select Resolve Case. In the pop up box, select Invalid Query.

Send a new invitation by selecting Invite Employee.

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Yes. Employees that have a Social Security Card replacement receipt (due to lost or destroyed original SSN card), may present the receipt in lieu of the Social Security card.

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To maintain historical data, no record should be deleted from HireRight.

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The main “Student Affairs” account is to be used only for “new” students hired on or after January 4, 2010. For current students and employees, use the “Student Affairs Revalidation” account. If a student or employee is not on the list that was hired before January 4, 2010, then you use the “invite” function. You will also use the “Invite” function when you have closed a previous entry with an “Invalid Query” to re-invite the employee to complete section one again.

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A Biometrics Appointment Notice means that only fingerprinting was completed. This does not constitute any approval of Permanent Residency (I-485/AOS) and is not sufficient proof for employment eligibility. A new Employment Authorization Card must be received before expiration of current EAD for the employee to remain employment eligible.

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No. A receipt of an employment authorization renewal is never acceptable for employment.

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No. The valid document must be the Employment Authorization Card with a future expiration date.

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No. A person granted asylum is not a resident alien.

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A Canadian citizen must present the same documents as any other nonimmigrant to show employment authorization. Please refer to the list of acceptable documents.

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The person can work at the University of Miami as long as his/her J-1 program sponsor gives written permission to the University of Miami for the student to participate in J-1 academic training in his/her field of study at the University of Miami for a specified period of time.

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J-1 (scholar) employment is what is known as “incident to status.” This means that once the J-1 scholar has entered the U.S. with Form DS-2019, he/she is eligible for employment in the activity and location noted on the DS-2019 for the period of time specified in item #3 of the form. No other employment authorization is necessary.
A J-1 scholar is permitted to engage in occasional lectures or consultations at other locations in the U.S. if he/she has received written authorization by the responsible officer of his/her J-1 program. The scholar must consult with ISSS before accepting this type of outside employment.

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As long as the student maintains F-1 status and is pursuing his/her authorized course of study, he/she can be employed at the same institution listed on his/her Form I-20 (on-campus employment). During the course of study, an F-1 student may also be employed if he/she has received authorization from his/her school for Curricular Practical Training at the University of Miami, or has received current employment authorization based on severe economic hardship.
Following graduation, a student who maintains F-1 status may be employed at the University of Miami if he/she holds current employment authorization for Optional Practical Training (OPT), and the job is directly related to his/her field of study and commensurate with the student’s level of education.

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In general, OPT is limited to a maximum of 12 months, full-time OPT per degree level. Certain students in F-1 status who are science, technology, engineering, and mathematics (STEM) degree holders may be eligible to receive a 17-month extension of their post-completion OPT.

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An H-1B visa sponsored by a different employer cannot be used to work at the University of Miami. The University of Miami must file a change of employer petition with USCIS. The H-1B visa must be sponsored by the University of Miami and the applicant cannot be hired until the University has received the H-1B receipt notice.

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Any person can work without a social security number as long as they have applied for one and they present appropriate documentation.

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The request for an employment authorization extension for an H1B visa should be initiated 6 months prior to the expiration of the current authorization. Contact Fragomen Attorneys at Law at (305) 774-5800. This is the Law Firm who represents the University of Miami with visa sponsorship.

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J1 Visa is granted for a year after the person graduates and may be employed in the United States with an Employment Eligibility Card indicating on the terms “Optional Practical Training”. This employment eligibility will be valid from one year and the start and end dates are indicated on the employment Eligibility Card. Employment must be performed in the same field of the degree obtained.

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