Important Information for All Deans and Vice Presidents
HB1804 Requirement for All New Hires Beginning November 1, 2007
The Oklahoma Taxpayer and Citizen Protection Act (HB1804) requires all new hires of all agencies within the State of Oklahoma to be verified through the electronic verification of work authorization program operated by the US Citizenship and Immigration Service, Verification Division (E-Verify).
· As a companion-piece to the Form I-9, all new hires hired on or after November 1, 2007, will be verified through the E-Verify system within three days of hire. Verification must be performed on all new hires and may not be conducted prior to the acceptance of a job offer.
· Verification process determines that the new hire has provided accurate social security information and is eligible for employment (not an illegal immigrant).
· Failure to follow these procedures may result in noncompliance with this statute which provides for possible felony charges. If convicted, Oklahoma Statute requires immediate termination of employment. Additionally, HB 1804 provides penalties of not less than one year imprisonment and/or a fine of not less than $1,000.
University Compliance
· Verification will be performed at the College/Division level and must be completed prior to payroll signup documentation being forwarded to OSU Human Resources. No employee can be added to HRS (and payroll) prior to proper documentation being received.
· Compliance will be part of the employee payroll sign-up process and must be initiated within the first three days of work.
· Each college dean and division vice president will appoint one individual (key user) who will be responsible for ensuring that all Form I-9 documentation is completed appropriately. Additionally, the key user will be responsible for ensuring that verifications in the college/division are completed in a timely manner and in accordance with federal, state, and OSU procedures
· The College/Division may specify additional users to assist in the completion of I-9 documentation and E-verification. All users will be required to attend training prior to being approved to use the E-Verify system.
· OSU Human Resources will provide guidance, training, and oversight of ensuring that new hires are able to work at OSU.
· In addition to penalties and possible legal actions, failure to comply with Oklahoma State University policies and procedures may result in disciplinary action which could include termination of employment.
Verification Process
1. On first day of work, college/division ensures that employee completes payroll signup process including completion of the I-9 and submission through the E-verify system. Receipt of signup to OSU Human Resources will result in establishing individual in HRS and subsequent processing of Employment Action Form for pay.
2. If the employee requires access to OSU systems prior to the first date of employment, the letter of offer is attached to the signup packet. The EA form would indicate a 0 pay until the first day of work. A second assignment with an effective day for pay would be the second assignment on the form.
3. Completion of Form I-9. The employee will complete the Form I-9 in the presence of the key user or designee. In virtually every instance, a social security number is required and work may not commence until the verification process has been initiated. Exceptions will be referred to and reviewed by OSU Human Resources. Also, the employer may only accept documentation from List B that includes a photograph.
4. E-Verification Process. The key user will use information from the Form I-9 as instructed through the E-Verify User Manual. The information is verified against social security and homeland security records.
5. A case verification number is issued by the E-Verify system which must be written on the employee’s Form I-9. The Case Details Page must be printed and attached as well.
6. The employee is allowed to work during the verification process so the signup packet may be sent to OSU Human Resources for processing.
7. The attached flow chart indicates possible responses and timelines that may occur throughout the verification process. In rare cases, more time may be necessary for Social Security and/or Homeland Security to resolve the issue. Regardless of time in processing, the employee is allowed to work.
8. Until employment is approved through the system, the key user must access the system on a daily basis to determine where the verification is in the process and what action is required.
9. Case Details Page should be sent to OSU Human Resources which will be attached to the Form I-9.
10. If at any point, there is non-confirmation or the employee decides not to contest, the employee is terminated.
Call Scott Hedrick, OSU Human Resources, at x5161, with the name and contact information of the key user for your college/division.
A training session (must attend) will be held Wednesday, October 17, at 3:30p.m. in 106B Whitehurst, OSU Human Resources.
OSU Human Resources 10/10/07
G:\HR\E-Verify\E-Verify Summary.doc