Foreign Employees Not Sponsored by IU
Foreign in this usage includes individuals who enter or plan to enter the U.S. on a passport not issued by the United States AND who are not formally established as permanent residents of the United States. Individuals who declare that they are U.S. citizens or U.S. permanent residents and we don't have compelling evidence to disbelieve them not considered foreign for the purposes of this procedure.
Indiana University sponsors many foreign visitors as employees; as the sponsor, Indiana University prepares immigration documents that the individuals use to get their visa and to establish their immigration status when the enter the United States. Indiana University also employs foreign visitors who are not sponsored by IU. These individuals establish their immigration status with documents prepared by other universities, by foundations, or by U.S. government units.
Because IU does not have to prepare immigration documents for these employees, the international office is not formally involved in the pre-arrival hiring stage. If departments have questions about the employability of these individuals, they should call the international office to assure that the immigration status that the individual expects to come to IU with will support the employment of that individual in the job IU intends to offer. Certain special requirements exist (such as a letter of work authorization from the sponsor of someone on with J-1 immigration status). The department is responsible for assuring that IU does all it can so that requirements are met.
Personal Data Form Stage
The personal data form information is gathered by the department and entered to the E-Docs by the department unless the department needs help from the international office with the search match or the appropriate parsing of names.
Under the following circumstances, the department will create a new employee record or update the existing record with no intervention of the international office:
- An Indiana University ID, or U.S. social security number, is available and produces a positive match in the E-Docs.
- The department has clear indication that the individual has no prior IU history.
- The individual claims to be a U.S. citizen or permanent resident.
Under the following circumstances, the department will forward the personal data form to the international office. The international office will conduct a rigorous search match and will update a found record or create a new record. It will then report the individual's IU ID to the department.
- No positive match is found and there is some possibility of prior association with IU.
- The department has difficulty parsing the individual's name.
The I-9 stage is not part of the E-Docs process. For most appointments, this stage is likely to occur some time after the hire process and very close to the beginning of actual employment. Departments by this time should be able to make a positive match in the E-Docs for each individual. If it cannot, the department should consult with the international office.
The department reviews the I-9 and the documents submitted in support. If an individual has claimed to be a U.S. citizen or permanent resident, but the documents appear to contradict this claim, the department will not employ the individual until after it has conferred with the international office.
The federally mandated I-9 process is addressed elsewhere and has not been changed by the HRMS or E-Docs processes. See the procedures for completing the Form I-9 in the Employment section of the UHRS website. If an individual satisfies the federal requirements of the I-9 procedures, then the department cannot refuse to hire the individual based on the document review. If documents are current, but expiring in the near future, the department must not refuse to hire the individual because expiration dates are near at hand. This is explicitly defined as discrimination in federal regulations.
I-9 Expiration and Reverification
Official I-9 procedures include two rules regarding I-9 expiration dates:
Date 1. If an individual indicates an authorization ending date in Section 1 (“An alien authorized to work until ...”), the department must repeat the I-9 review before that date if the individual continues in employment.
Date 2. If an individual presents work authorization documents with expiration dates (List A or C), the department must repeat the I-9 review before the earliest of those expiration dates. Expiration dates on documents used solely to establish identity, usually either the passport or a driver's license, may be ignored in determining Date 2.
It is possible that an individual may provide documents that satisfy I-9 requirements, but that are not among the visa documents needed by the international office to make a positive determination of status. Departments may not dictate what choices an individual makes in satisfying I-9 requirements. (Be aware, however, that a Social Security Card that is valid only with INS work authorization is not sufficient by itself for List C purposes.) If an individual has satisfied the I99 process without providing passport, I-94, I-20, IAP-66, or DS-2019, departments may request these visa documents to assist the international office in determining visa status, but it cannot require those documents as a condition of employment. If the individual does not wish to provide the visa documents, please advise the international office of that fact.
The department reviews the name on the passport. If it differs from the preferred name designated by the individual, the department enters the primary (legal) name to the E-Docs.
The department enters to the E-Docs "I-9 expiration date" field a date that is the earliest of Date 1 or Date 2 above.
I-9 Documents to International Office
For U.S. citizens and permanent residents, department forwards nothing to international office. For all others, department faxes or sends photocopies of I-9 supporting documents (but not the I-9 itself) to the international office.
The international office will review the supporting documents. If the documents provide a positive confirmation of the immigration status, the international office will access the individual's Visa/Permit Data panel on the client. The international office will add a row, enter AUSA@ to country and appropriate immigration status to Type. It will choose a status of AVerified.@ It will note the date the individual entered the country with the current I-94 as the Status Date, and it will leave the default Effective Date at the current date. It will then enter the country of citizenship on the Citizenship Detail Panel.