Human Resources Update E-Verify Regulations &

1. Human Resources Update E-Verify Regulations & Applicant Tracking and Job Related Non-Selection Reasons

2. E-Verify Regulations What is E-Verify? • An on-line database that links SSA and DHS and allows employers to verify an employee’s U.S. work authorization based on entry of information from the federal I-9 work authorization form • Until recently it was a voluntary program that employers could opt to use or not. • Regulations effective September 8, ’09 require FEDERAL CONTRACTORS to use the system.

3. E-Verify Regulations • Colleges & universities have an option to use the system ONLY for employees working directly on a federal contract containing the E-Verify clause. • Clause will be inserted for contracts over $100,000 and with a performance period of more than six months. • Pertains to ALL employees – regular employees (faculty, staff and postdocs) as well as student employees (graduate and undergraduate).

4. E-Verify Regulations How does it work? • For NEW employees who are immediately assigned to work on a federal contract containing the E-Verify clause, Rice has 72 hours from date of hire to complete the I-9 work authorization form and enter that information into the E-Verify system. • For CURRENT employees who are assigned to work on an federal contract containing E-Verify clause, Rice has 30 days from beginning work on contract to complete the E-Verify data entry using information on the employee’s existing I-9 form.

5. E-Verify Regulations • After data is entered, the system then returns a result of: • Authorized to Work, • Tentative Non-Confirmation (TNC), or • Final Non-Confirmation. • If a TNC is received – employee can contest (or not), and follow-up by employee is required with either SSA or DHS. • If final Non-Confirmation is received, employee will be terminated from employment at Rice. If this were to occur to a student, employment would not be allowed, but student status per se would not be affected.

6. E-Verify Regulations Who does what? • Office of Sponsored Research: • Identifies contracts subject to E-Verify • Tags funds in Banner • Notifies PIs and Departments of federal contracts tagged with the E-Verify clause and obligations associated with these contracts

7. E-Verify Regulations • Departments & PIs: • Ensures new faculty, postdocs & staff hires visit HR on first day of employment to complete I-9 form • Ensures I-9 forms for student employees are completed on first day of work (in department for U.S. citizens or in Payroll Office for all others) • Completes PAFs, time allocation reports and redistribution forms for current employees moving to an E-Verifiable contract in a timely manner that allows for verification within the 30 day window.

8. E-Verify Regulations • Payroll: • Completes E-Verify data entry process for student employees. • Notifies HR or Office of International Students & Scholars regarding TNC statuses. • HR: • Completes E-Verify process for faculty, staff and postdocs • Follows up with these regular employees regarding TNC results • Communicates with departments regarding final non-confirmation findings for both regular and student employees and manages termination process

9. E-Verify Regulations • Office of International Students & Scholars: • Assists employees who have TNC based on Department of Homeland Security (immigration related) documents . • Notifies HR of employees who receive final non-confirmation status. • Employees Receiving TNC: • Responds quickly to communication regarding TNC status • Follows up within timeframe allowed with either SSA or DHS as appropriate.

10. E-Verify Regulations And if we don’t…. • Penalty of Rice and/or the PI being disqualified from receiving future federal contracts • Financial penalties of not completing I-9s and E-Verify process within required time frame • Criminal penalties for knowingly hiring an unauthorized worker

11. E-Verify Regulations Everify. Pay attention-move fast. New hires must get to HR on Day 1; move employees in real time to “R” fund if providing work on project.

12. Job Related Non-Selection Reasons • When hiring a staff employee, a hiring manager must provide a job related non-selection reason for each applicant not hired. • Currently, • Process requires a specific, free flow comment on why someone was not selected. • Often lacking adequate or detailed information which allows Rice to track and report on hiring decisions at a level most useful for internal and external compliance

13. Job Related Non-Selection Reasons • Coming Monday, September 21, Rice will be introducing a pre-programmed list of specific reasons why an applicant was not selected for a specific staff position. • Increase efficiency for hiring managers in submitting staff hiring proposals • Allow Rice to better track applicants as required for affirmative action reporting requirements as well as for internal reporting and analysis

14. “Change is inevitable – except from a vending machine.” -- Robert C. Gallagher