Policy 101.14 : Immigration Reform and Control Act

      U N I V E R S I T Y  O F  S O U T H E R N  M A I N E


POLICY#:  101.14
SUBJECT:  IMMIGRATION REFORM AND CONTROL ACT
APPLIES TO:  FACULTY AND STAFF
ISSUED BY:  DIVISION OF HUMAN RESOURCES
EFFECTIVE DATE:  06/01/87
REVIEW/REVISION DATE:  03/01/95



Statement of Purpose

The Immigration Reform and Control Act of 1986 mandates that the
University verify the employment eligibility of all newly hired
employees, including those hired on or subsequent to November 6,
1986, on form I-9, provided by the Immigration and Naturalization
Service.  The employee is required to present original documents
verifying employment eligibility and the University is required
to examine and attest to the authenticity of the documents
presented.  In accordance with the law, the University of
Southern Maine shall commit to employing only United States
Citizens and aliens authorized to work in the United States.

Discrimination Prohibitions

It is discriminatory to question or make assumptions regarding
non-citizenship status PRIOR to hiring.  It is permitted, and
shall be REQUIRED PRACTICE to inform each new job applicant that
the University hires only United States citizens and aliens
lawfully authorized to work in the United States; and that the
University will require all new employees to complete the
Employment Eligibility Verification Form (I-9) upon reporting for
work.  Each new person HIRED should be asked if they are a
citizen of the United States.  If not, they should be asked if
they are lawfully authorized to work in the United States under
alien status.  This practice is not discriminatory at the time of
hire.

Procedure

All position advertisements and applications for employment shall
include the following statement:

     "The University of Southern Maine hires only United States
     citizens and lawfully authorized alien workers."

At the time of verbal offer of appointment or employment, the
candidate should be asked the following question(s):

     (1)  Are you a United States citizen?
                         or
     (2)  Are you an alien lawfully authorized to work in the
          United States?


The candidates' response should be noted on his/her employment
records.  There is no requirement to review any documentation of
employment eligibility at this time.  The candidate should be
informed, however, that such documentation is required by law and
must be presented for verification upon commencement of employment.
The candidate should also be informed that failure to complete the
I-9 will result in termination.

Responsibility for Completion

The Division of Human Resources shall be responsible for
the completion of the I-9 Form for all positions on the
Portland and Gorham campuses.  Employees are to be informed and
directed to complete the I-9 form at either 7 College Avenue or
the McLellan House, offices of the Division of Human Resources.
The I-9 must be completed either prior to commencing employment
or on the date of commencement of employment.  NO INDIVIDUAL IS
PERMITTED TO COMMENCE WORK AS AN EMPLOYEE OF THE UNIVERSITY OF
SOUTHERN MAINE PRIOR TO COMPLETION OF THE I-9 FORM.

          THE LAW REQUIRES REVIEW OF ORIGINAL DOCUMENTS
           COPIES OF DOCUMENTS SHALL NOT BE ACCEPTED

BOTH the University and the employee are required to complete
Section I and II, the University representative attesting that
the documents presented and examined appear to be genuine.

Non-compliance

The Division of Human Resources regularly reviews compliance with
the Immigration Reform and Control Act.  Any employee who has not
completed the necessary documents will be terminated.

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