Employment Eligibility (I-9/ E-Verify)

The Form I-9 must be completed for any person who is hired to perform labor or services in the United States in return for wages or other remuneration. Remuneration is anything of value given in exchange for labor or services.

Please note: Exising employees, those hired before March 13, 2017, are not to be run through the HireRight E-Verify system. Employees hired before March 13, 2017 should complete the I-9 using the paper form. 

Yes, employees must be present with original documents when completing Section 2.

All new employees with a start date of March 13, 2017, and who have not worked for CU in the last 3 years, will need to use the electronic Form I-9.

Exising employees, those hired before March 13, 2017, are not to be run through the HireRight E-Verify system. Employees hired before March 13, 2017 should complete the I-9 using the paper form. 

If paper Form I-9’s are received by the Department of Human Resources for new employees, you will receive a notice declaring that all future Form I-9s must be completed through the HireRight system. Repeated disregard for the new process will result in communication with your department head. *Please note: If an employee requires accommodation to complete the Form I-9 that results in the use of a paper form, HR will accept the paper Form I-9.

The Form I-9 must be completed for any person who is hired to perform labor or services in the United States in return for wages or other remuneration. The start date used for I-9/E-Verify will be the day that employees are physically here for work.  The campus interpretation of the rule is that the 3 day window begins when the employee is actually working on campus.  For example, the HCM entry will be 08/15, but the employee will not actually arrive and begin working until 08/21.  This 3 day window will begin on 08/21, not 08/15. .

For international hires with a hire date on or after March 13, 2017, and who have not previously held a position with CU in the past three years, should use HireRight to complete the electronic Form I-9:

Section 1 (Completed by Employee)

The hiring department should submit the invitation to the employee to complete Section 1 of the I-9.  To submit the invitation you will need*: 

• Legal First Name
• Legal Last Name
• Email (personal)
• Start Date

Please note that the international hire does not need the SSN to complete section 1 of the I-9 at this time. Please advise the individual that they will need to check the check box verifying they do not have a social security number. 

Section 2 (Completed by HR)

International hires should be sent to CU Boulder Human Resources to complete Section 2 within the first three days of employment. Please send these individuals to: 

The Administrative Research Center (ARCE)
Third Floor Reception 
3100 Marine St. 
Boulder, CO 80309

CU Boulder HR is currently developing step-by-step guides on how to complete section 2 of the Form I-9 for international hires. We will notify you when they become available

Yes, student employees can go to the office of Student Employment located in Regent 205 to complete their Form I-9.

If the department fails to properly complete Form I-9, it may face civil money penalties for each violation. In determining the amount of the penalty, the Department of Homeland Security (DHS) considers:

• The size of the business of the employer being charged;
• The good faith of the employer;
• The seriousness of the violation;
• The history of previous violation of the employer.

DHS will issue a Notice of Intent of Fine (NIF) when it intends to impose penalties. If the university receives an NIF, HR will contact the department responsible for the non-compliance and the non-compliant department will be responsible for working through the NIF process with the Department of Homeland Security.

The non-compliant department may request a hearing before an administrative law judge within 30 days. In these cases, the department that is in violation may be required to attend the hearing and pay any subsequent fines.

Yes, if it has been more than three years since the original Form I-9 was completed or if the Form I-9 has been updated by the USCIS since the employee’s original Form I-9 was completed.

Yes. Contact HR staff at i-9forms@colorado.edu to assist with a remote hire and the necessary details.

If it has been more than three years since the original Form I-9 was completed or if the Form I-9 has been updated by the USCIS since the employee’s original Form I-9 was completed, then the re-hired employee must complete a new Form I-9. Previous Form I-9 completion dates can be found under Modify a Person in HCM.

Please note: Current international hires that completed their I-9 on paper should continue to update their status on the paper form with CU Boulder HR. 

For these specific employee types, there is a reasonable expectation of employment at all times. According to the USCIS, these situations constitute continuing employment and therefore, a new Form I-9 would not be required. For further guidance, contact HR i-9forms@colorado.edu.

a. Yes*. If a Form I-9 is not completed within 3 days of Hire, the person completing Section 2 in the Hire Right system will be asked to select the reason from a drop-down menu.

*This option is intended for extenuating circumstances only and repeated use of this option may be identified as non-compliance during an audit.

Yes. The employee can complete Section 1 on their own, but are still required to provide required documents to complete Section 2 of the form.

E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security.

For Form I-9: Visit https://www.uscis.gov/i-9 to get started and download the M-274 Handbook for Employers.

For E-Verify: Visit https://www.uscis.gov/e-verify

Yes, this specific information is required by CU Boulder.

The Form I-9 must be completed for any person who is hired to perform labor or services in the United States in return for wages or other remuneration. The start date used for I-9/E-Verify will be the day that employees are physically here for work.  The campus interpretation of the rule is that the 3 day window begins when the employee is actually working on campus.  For example, the HCM entry will be 08/15, but the employee will not actually arrive and begin working until 08/21.  This 3 day window will begin on 08/21, not 08/15.

If a background check is required for a new or returning employee, it must be completed first and independently of the I-9 & E-Verify Process. These are two separate processes and background check steps should continue to be followed as usual.

Yes, the HireRight system will not allow you to continue unless all boxes are checked.

No. All new hires that complete an electronic Form I-9 on/after March 13, 2017 will be entered into the HireRight system. Employees that completed the paper Form I-9 prior to March 13, 2017 will not be in the HireRight system.

The employee receives the following notifications:

• Email invitation to complete Section 1
• Reminder email to complete Section 1 if not completed by 24 hour deadline
• After completing Section 1, they will receive notification of the documents necessary to complete Section 2 within the first three days of employment

The I-9 Partner receives the following notifications:

• Email invitation sent to new employee
• Section 1 completed by employee

There will be a single sign-on set up through the MyCUInfo Portal. The HireRight link will populate for I-9 Partners in the “Business Tools” tab in “CU Resources”.

Yes – I-9 partners are able to change the start date from the beginning of the process to completing Section 2.

Yes, you should always be able to complete the Form I-9 even if the employee does not have a Social Security Number upon hire, but you will need to have them obtain one and then update the form in order to complete the E-Verify process.

Yes, you can have a different I-9 partner complete Section 2.

The following documents are required to be uploaded:

US Passport

US Passport Card

I-551 Permanent Resident Card (Green Card)

I-766 Employment Authorization Document (EAD)

Yes, HireRight will take you to a warning screen if it detects the same name or email from an already submitted Form I-9.

An SSA TNC results when the information entered in E-Verify does not initially match Social Security Administration (SSA) records and/or the U.S. Department of Homeland Security (DHS).

The several ways it can occur:

• Citizenship or immigration status was not updated with SSA
• Name change was not reported to SSA
• Name, Social Security Number, or date of birth is incorrect in SSA records
• SSA record contains another type of mismatch
• Information was not entered correctly by the employer.

The following steps should be taken:

The employer must print the Further Action Notice and provide it to the employee

Check to see if it is a data entry mistake and if it can be resolved internally

The employee has to decide whether to contest or not contest

An employee who chooses to contest the “SSA TNC” must visit an SSA field office in person

The employee should refer to the Further Action Notice for instructions to resolve the mismatch. The employee then has 8 days to get the issue resolved. It is important that the employee shows a copy of the Further Action Notice to the representative when they visit an SSA field office.