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Research Foundation
E-VERIFY/I-9 Information
WHAT IS E-VERIFY?
E-Verify is an internet based verification system operated by the
Department of Homeland Security (DHS) in partnership with the Social
Security Administration (SSA), that allows an employer, using information
on an employee’s form I-9, to electronically verify employment
eligibility. 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 eligibility of:
1) employees performing direct, substantial work under those federal
contracts; and, 2) new hires organization wide, regardless of whether
they are working on a federal contract.
Effective
March 8, 2010, the Research Foundation (RF) at UAlbany is
required by federal mandate to use the E-Verify system to check the
legal status of all new hires. In addition to new hires, all existing
employees (hired after November 6, 1986) directly assigned to covered
federal contracts must also be run through E-Verify. Compliance with
these regulations will be implemented by the pre and post award research
offices. However, principal investigators will play a critical role in
the process necessitated by these new E-Verify regulations.
E-Verify Memo 2/15/10 * * * * * * * * * * * * * * * * * * E-Verify Training
HOW DOES E-VERIFY WORK?
E-Verify works by allowing employers to electronically compare employee
information taken from the form I-9 against more than 425 million records
in SSA’s data base and more than 60 million records in DHS’ immigration
database.
I-9 Reference Materials:
WHAT ARE COVERED CONTRACTS?
Covered contracts are: federal contracts awarded or solicited after
September 8, 2009 that meet the following criteria:
- Governed by FAR Clause
52.222-54
- Performance
period longer than 120 days
- Value
above $100,000
- Performed
in the US
Subcontracts are covered
if:
- The federal contract
is covered
- Subcontract
is valued over $3,000
- Work
is for services or construction
WHAT ARE THE NEW PROCEDURAL IMPLICATIONS?
- The Office of Sponsored Programs (OSP) will
identify contracts subject to E-Verify. PIs and departments
will receive a specific notice regarding obligations (in addition to
this memo) that they are required to follow in order to comply with
E-Verify.
- The RF is required to electronically verify work
authorization for all newly hired employees (including students) within
72 hours (3 days) of the 1st day of work. In addition, all rehires
with a break of 4 months must be E-Verified within 3 days. Sponsored Funds Personnel
(SFP) will be responsible for performing verifications in the
E-Verify system. This requirement applies to all SUNY faculty
receiving summer salary through the RF payroll.
- It is critical that PIs complete and submit
paperwork for new hires in a timely manner. Specifically, must be completed and received by
SFP no
later than one day after the date of hire so
that verifications can be performed in the required timeframe. PIs
should anticipate these requirements when making offers to potential
employees. Departments can fax the I-9 AND appointment form to
437-4504. Upon receipt of faxed forms, SFP will send a confirmation
of receipt of forms to the contact e-mail address listed on the
appointment form.
- Existing RF employees, who become engaged in
activity on a contract subject to E-Verify requirements, must be run
through E-Verify within 30 calendar days of work on the contract. Labor Distribution forms must be submitted
within 15 days of the assignment date in order to ensure compliance
with E-Verify. New I-9 forms will be requested from employees
who do not have updated information in order to avoid tentative
non-confirmations from the E-Verify system.
- The E-Verify obligation extends to SUNY employees
who are performing work directly on a covered contract and paid via
IFR. Release Time
Appointment requests must be submitted within 15 days of the
assignment date in order to ensure compliance with E-Verify.
- The regulatory clock starts ticking at the time
of hire (for new employees) or first day of work on a project (for
existing employees), not from the date the RF administratively
connects the person to the project.Therefore it is critical that PIs contact OSP if
they intend to work on a Federal contract, and that all paperwork is
completed and submitted in a timely matter.
- SFP will work directly with any employee that
receives a non-confirmation of work authorization through E-Verify. The employee will be given the option to either
contest the finding or not. In the event a final status of
non-confirmation of work authorization is given, SFP will work
directly with the employee and the department to terminate
employment. The PI will be notified if there are problems with the
E-Verify process for individuals working on a project.
- Contracts. Contracts for service and/or construction
issued by the Research Foundation on a covered contract in excess of
$3,000 must contain the E-Verify requirements. Contracts would
include sub-awards, vendor contracts, as well as Independent
Contractor contracts. Compliance with the E-Verify regulation
is a condition of the award and must be satisfied prior to a
procurement solicitation and/or subcontract execution.
WHAT ARE MY RESPONSIBILITIES AS A PRINCIPAL
INVESTIGATOR?
The United States Citizenship and Immigration Services will be monitoring
the E-Verify database for compliance. The ability of the SFP office to
complete the E-Verify procedures for newly hired employees hinges not
only upon timely receipt of the appropriate forms, but also upon the
timely completion of a new hire’s I-9 (work authorization) form.
Instructions for proper completion of I-9 documents are located here.
Failure to
properly notify the RF, via submittal of the appropriate forms, as soon
as faculty, staff or student employees begin working on a covered federal
contract or subcontract could have serious consequences to the RF and the
PI, including penalties or being disqualified from receiving future
Federal contracts.
If
notifications are not made promptly, funds from other sources may be
needed to pay employees for every day of work until the E-Verify process
is completed.
Paperwork that is noncompliant will require the
Operation Manager’s approval, as failure to properly use E-Verify can
lead to penalties and debarment from federal contracts.
Employers may
not verify newly hired employees selectively and cannot use the E-Verify
system to pre-screen applicants for employment.
Thank you in
advance for your cooperation in helping us comply with these
requirements. Questions regarding the e-verify requirement should be
directed to the appropriate offices:
Human
Resources/Payroll Sponsored
Funds Personnel 437-4500
Independent Contractors Sponsored Funds Financial
Management 442-3196
Sub Awards/Sponsor Agreements Office for Sponsored Programs 437-4550
Procurement of Services/Construction Office of Purchasing and
Contracts 437-4579
Top
Hours of Operation:
Monday through Friday, 8:00 am to 5:00 pm, Summer Hours (May
31-August 13, 2010), 8:00 am to 4:00 pm.
Location:
We are located on the third floor, room 326, of the Management Services
Center.
Mailing Address:
University at Albany
Sponsored Funds Personnel
Management Services Center, Room 326
Albany, NY 12222
Main Telephone Numbers:
Voice: (518) 437-4500
Fax: (518) 437-4504 |
