1. I-9 and E-Verify Compliance
School of Engineering
Sept 27, 2018
I-9 Operations
Charles Ormsbee
Wayne Turner

2. Table of Contents
Background: Why is I-9 important to MIT?
Who is required to be I-9’d or E-Verified?
I-9/E-Verify Key Issues
Significant changes are necessary to achieve compliance
Questions?

3. I-9 Background Why is I-9 important to MIT?
By law, all US employers are responsible for the completion and retention of Form I-9 for US citizens, noncitizen nationals, lawful permanent residents, and aliens authorized to work, hired after November 6,1986
Penalties for substantive violations range from $110 to $1,100 per violation 3

4. Who is required to be I-9 and E-Verified?
All Newly Hired Employees/Student Workers (new hires) must have both sections of Form I-9 completed and E-Verified within their first three work days of employment.
Newly Required – employees who change from non-paid to paid positions (e.g. PD Fellow changing to PD Associate) must complete I-9.
Reverification should be completed prior to the expiration of the work authorization end date.
When an employee’s work authorization expires, he or she must cease all work for MIT immediately. If the employee cannot provide proof of current work authorization, MIT cannot continue his/her employment
E-Verify (FAR Clause) – Any new or existing employee on a federal contract with a FAR Clause must have their employment authorization confirmed by E-Verify.
E-Verify (FAR Clause) – Any new or existing employee on a federal contract with a FAR Clause must have their employment authorization confirmed by E-Verify
E-Verify case must be completed by 3rd business day from date of new hire or within days from award date of contract for existing employees 4

5. I-9/E-Verify Key Issues
The following issues are impacting MIT’s compliance:
Retroactive hires/changes from unpaid to paid status
Former MIT Students hired as Staff after graduation (gap in dates)
International Students need to verify new employment authorization/visa status that allows for post-degree employment
Process delays
Individuals starting work before employment information is entered into campus systems
Individuals are off campus when they begin work
Graduate Students’ hire date requires I-9 to be completed first week in September
I-9 can be completed before SSN is received; tax treaty withholding and E-Verify requires SSN and can be completed once SSN received 5

6. Significant changes are being made to achieve compliance
Cultural, business and systems changes are being implemented
Systems and Business Process Changes: new hire application, new hire transaction in SAP, and reporting tools are all currently being modified as necessary to support compliance.
Effective August 2018: staff who do not meet requirements of the 3-Day Rule will be placed on LWOP.
Effective September 2018: retroactive hire transactions are no longer be permitted (appt date cannot be earlier than the I-9 completion date).
Note: Additional changes will be necessary to support this effort,
including changes to SAP appointments 6

7. REMEMBER
You are not required to have an appointment in the MIT systems to complete Form I-9
Process the I-9 EARLY !
Questions?
Contact: I-9 Compliance Assistants, Charles Ormsbee & Linda Nolan
I-9 Website: 7