1. Policy Statement
Family Promise of Puget Sound (FPOPS) is committed to complying fully with all federal immigration laws and regulations, including the Immigration Reform and Control Act of 1986 (IRCA), which requires employers to verify the identity and employment eligibility of all individuals hired in the United States. This policy outlines the legal requirements and procedures for verifying employment eligibility, ensuring that all employees are legally authorized to work in the U.S. Our commitment is to maintain a lawful workforce while upholding principles of non-discrimination in our hiring practices.
2. Purpose
The purpose of this policy is to:
* Ensure FPOPS’s full compliance with federal immigration laws, particularly those related to employment eligibility verification.
* Establish clear and consistent procedures for verifying the identity and work authorization of all new hires.
* Protect FPOPS from legal penalties associated with employing unauthorized individuals.
* Promote fair and non-discriminatory hiring practices.
* Educate employees and relevant staff on their responsibilities regarding work authorization.
3. Scope
This policy applies to all individuals hired by Family Promise of Puget Sound, including full-time, part-time, temporary, permanent, and seasonal employees. It covers all stages of the employment process, from initial offer to ongoing employment. This policy does not apply to volunteers, who are not considered employees.
4. Guiding Principles
* Legal Compliance: Strict adherence to all federal, state, and local laws governing employment eligibility verification, including IRCA.
* Non-Discrimination: Conduct all employment eligibility verification processes in a non-discriminatory manner, consistent with FPOPS’s Non-Discrimination and Equal Opportunity Policy (FPPS-ND-001).
* Fairness and Consistency: Apply verification procedures consistently to all new hires.
* Accuracy and Diligence: Exercise due diligence in reviewing and verifying employment eligibility documents.
* Confidentiality: Maintain the confidentiality of all employment eligibility information.
5. Definitions
* Immigration Reform and Control Act of 1986 (IRCA): Federal law that prohibits employers from knowingly hiring or continuing to employ unauthorized workers and requires employers to verify the identity and employment eligibility of all new hires.
* Form I-9, Employment Eligibility Verification: A U.S. Citizenship and Immigration Services (USCIS) form that employers must complete for each new hire to verify their identity and employment authorization.
* Authorized to Work: An individual who is legally permitted to be employed in the United States, either as a U.S. citizen, noncitizen national, lawful permanent resident, or an alien authorized to work.
* E-Verify: An internet-based system operated by USCIS that allows employers to confirm the employment eligibility of their newly hired employees. FPOPS will use E-Verify if required by law or if it chooses to participate voluntarily.
6. Policy Guidelines and Procedures
6.1. Form I-9 Completion
* Requirement for All New Hires: All individuals hired by Family Promise of Puget Sound must complete Section 1 of Form I-9 on or before their first day of employment.
* Employer Verification (Section 2): FPOPS must complete Section 2 of Form I-9 by physically examining acceptable original documents (from the Lists of Acceptable Documents) that establish both identity and employment authorization. This must be done within three (3) business days of the employee’s first day of employment.
* Acceptable Documents: Employees must present original, unexpired documents from either List A (establishing both identity and employment authorization) or a combination of one document from List B (establishing identity) and one document from List C (establishing employment authorization). FPOPS cannot specify which documents an employee must present.
* No Discrimination: FPOPS will not discriminate against any individual based on their citizenship status or national origin during the I-9 process. We will accept any valid document(s) from the Lists of Acceptable Documents.
* Timeliness: Failure to complete Form I-9 within the required timeframe may result in disciplinary action, up to and including termination of employment.
6.2. Reverification (Section 3)
* For employees whose employment authorization documents have an expiration date (e.g., certain work visas), FPOPS is required to reverify their employment eligibility on or before the expiration date.
* Employees are responsible for providing updated work authorization documents in a timely manner to avoid interruption of employment.
6.3. Record Keeping
* Completed Form I-9s and copies of the supporting documents (if retained by FPOPS) will be stored securely and separately from the employee’s personnel file.
* Records will be retained for the period required by law: either three years after the date of hire or one year after the date employment ends, whichever is later.
* All records will be made available for inspection by authorized government officials upon request.
6.4. E-Verify (If Applicable)
* If FPOPS is required by federal contract or state law, or chooses to participate voluntarily, FPOPS will use the E-Verify system to confirm the employment eligibility of new hires.
* E-Verify procedures will be followed strictly in accordance with USCIS guidelines.
6.5. No Knowing Employment of Unauthorized Workers
* FPOPS will not knowingly hire or continue to employ individuals who are not authorized to work in the United States.
* If FPOPS becomes aware that an employee is not authorized to work, appropriate legal steps will be taken, which may include termination of employment.
7. Consequences of Violations
* For Employees: Failure to complete Form I-9 accurately and timely, or failure to provide valid documentation of work authorization, may result in disciplinary action, up to and including termination of employment.
* For FPOPS: Non-compliance with IRCA regulations can result in significant civil and criminal penalties, including fines and potential legal action.
8. Responsibilities
* Human Resources (or designated personnel): Responsible for:
* Providing Form I-9 to all new hires.
* Reviewing and verifying identity and employment authorization documents.
* Completing and maintaining Form I-9s accurately and timely.
* Conducting reverification as required.
* Ensuring compliance with all relevant immigration laws and this policy.
* Training hiring managers on I-9 requirements.
* Hiring Managers: Responsible for ensuring that new hires complete Section 1 of Form I-9 on their first day of employment and for facilitating the completion of Section 2 by HR.
* Employees: Responsible for completing Section 1 of Form I-9 accurately and timely, and for presenting original, acceptable documents to establish identity and employment authorization within the required timeframe. They are also responsible for providing updated work authorization documents for reverification.
* CEO: Overall responsibility for ensuring FPOPS’s compliance with all employment laws, including immigration laws.
9. Policy Review and Revision
This policy will be reviewed annually by the CEO and Board of Directors, or more frequently as needed, to ensure its continued effectiveness and alignment with current federal immigration laws and regulations, particularly those enforced by U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security. Any revisions will be communicated to all relevant personnel.