September 22, 2010

Updates New Hire/Rehire

Documents

Updates New Hire/Rehire

Documents

2

Alien Supporting Documents

Form I-9 Overview

Page Center

Demographic Data Transmittal

E-Verify

Oath & Patent

Personnel File

Records Retention

AGENDAAGENDA

3

I-94 issued by

USCIS

H1-B Status

valid period

work authorization

end date

I-94 number

I-797 Change of Status Approval Notice(Sample is H1B Specific)

I-797 Change of Status Approval Notice(Sample is H1B Specific)

4

Sample F-1 I-20 & F-1 I-94 for On Campus Employment

Sample F-1 I-20 & F-1 I-94 for On Campus Employment

I-20 Expiration

Work authorization end date

I-94 number/admission number

SEVIS IDdocument number

Expiration of F-1 status

D/S = duration of status

5

Sample J-1 DS-2019 & J-1 I-94Sample J-1 DS-2019 & J-1 I-94SEVIS ID

document number

I-94 numberadmission

number

Date of entry: 01/29/2003

Expiration of J-1 status

D/S = duration of status

DS-2019 expiration date work authorization end date

J-1 Category:student or scholar

6

J-1 Student Work Authorization Documents

J-1 Student Work Authorization Documents

J-1 Sponsor employment authorization

Employment expiration date

J-1 Category = Student

7

8

Employee to complete Section 1 on or before 1st day of Employee to complete Section 1 on or before 1st day of employmentemployment

Employers responsibility to ensure section 1 is completeEmployers responsibility to ensure section 1 is complete

SECTION 1SECTION 1SECTION 1SECTION 1

9

Section 2Section 2

Section 2Section 2

Section 2 Employer Review and Verification

Documents must be original non-expired (with the exception of a certified copy of a birth certificate).Employee must present documents that establish identity and employment eligibility within three business days of the date employment begins. Documents should be recorded in the appropriate list (i.e.: DL should be recorded in Section B, not C).Employees hired for LESS than three business days, section 2 must be completed by date of hire.

10

5. Unexpired Foreign Passport w/ Form I - 94

5. Unexpired Foreign Passport w/ Form I - 94

D/S

Section 2 – List A

11

Section 3 Section 3

Enter employees name in Section 1Review document that establishes current employment authorizationComplete Section 3, C.Sign and date Update work authorization date in HCM and Visa information is applicableSend completed Form I-9 to HR Records & Data Management

12

Hiring or Continuing to Employ Hiring or Continuing to Employ Unauthorized AliensUnauthorized Aliens

Hiring or Continuing to Employ Hiring or Continuing to Employ Unauthorized AliensUnauthorized Aliens

If DHS determines that you have knowingly hired unauthorized aliens (or are continuing to employ aliens knowing that they are or have become unauthorized to work in the United States), it may order you to cease and desist from such activity and pay a civil money penalty as follows:

1. First Offense: Not less than $375 and not more than $3,200 for each unauthorized alien;

2. Second offense: Not less than $3,200 and not more than $6,500 for each unauthorized alien; or

3. Subsequent Offenses: Not less than $4,300 and not more than $11,000 for each unauthorized alien.

M274 Employer’s Handbook, page 21

13

Page Center Page Center Page Center Page Center

Page Center Reports

PPP6201/PPP620 Personnel Status Report

PPP1392/PPP139 Employee with 1000 hours eligible for career status

PPP1393/PPP139 Employee approaching 1000 hours toward career

status

PPP1382/PPP138 Employees with 1000 hours eligible for benefits

  PPP1383/PPP138 Employee approaching 1000 hours toward benefits

PPP1385/PPP138 Employees approaching 750 hours toward benefits

PPP1384/138 Employees with 750 hours eligible for benefits

  PPP6504/PPP650 Employee’s beli out of compliance

PPP6952/PPP695 Start Participation

14

Form I-9 RECAPForm I-9 RECAP

Section 1 employee completes on or before employment begins.

Employer responsibility to ensure section 1 complete.

Preparer or Translator Certification completed if section 1 prepared by a person other than employee.

Section 2- Employer review original documents and records in appropriate column no later than 3 business days of the date employment begins.

Employer completes certification with hire date, signature, name, title, address and signature date.

Section 3 for work authorization reverification.

15

What’s WrongWhat’s WrongWhat’s WrongWhat’s Wrong

16

New Demographic Detail New Demographic Detail Transmittal Form ( U5605)Transmittal Form ( U5605)New Demographic Detail New Demographic Detail

Transmittal Form ( U5605)Transmittal Form ( U5605)

Employee can check multiple selections.

Satisfies US Dept of Education, Integrated Post Secondary Education System (IPEDS)

Employee chooses one ethnicity for Affirmative Action Program reporting.

17

HCM EntryHCM EntryDemographic Detail Demographic Detail

Transmittal Form (U5605)Transmittal Form (U5605)

HCM EntryHCM EntryDemographic Detail Demographic Detail

Transmittal Form (U5605)Transmittal Form (U5605)

18

What is E-Verify?What is E-Verify?What is E-Verify?What is E-Verify?

An internet based system operated by DHS under U.S Citizenship and Immigration Services(USCIS) to verify employment eligibility based on information provided on an employee’s Form I-9.

Information electronically verified against records in DHS and Social Security databases.

19

Oath & Patent AgreementOath & Patent AgreementOath & Patent AgreementOath & Patent Agreement

The State Oath of Allegiance must be signed by all U.S. Citizens who are employed by the University, with or without compensation, on or before the first day of the service period.

The Patent Agreement must be signed by all persons on or before the first day of service period.

All persons re-employed by the University after a separation must sign a new Oath if the date of re-employment is more than one year after the date on which the previous Oath was signed.

All persons re-employed by the University after separation must sign a new Patent agreement.

20

What is the Staff Official What is the Staff Official Personnel File?Personnel File?

What is the Staff Official What is the Staff Official Personnel File?Personnel File?

Documents and communications related to staff employee

• Pre-employment and post-employment information

• Historical record of information pertaining to employee

from date of hire to separation

• The Official Personnel file is owned by the University.

21

Who Maintains the Official Who Maintains the Official Personnel File?Personnel File?

Who Maintains the Official Who Maintains the Official Personnel File?Personnel File?

Maintained by the employee’s department

• Staff personnel file maintained in secured and confidential location

• Files kept in locked cabinets or drawers

• Access to staff files restricted

22

What is the Medical File?What is the Medical File?What is the Medical File?What is the Medical File?

Any information related to an employee’s medical condition or the medical condition of his or her family members.

• Medical files are confidential.

• Kept separate and apart from other business records.

• Medical records are not retained in personnel file.

23

What is the Supervisors What is the Supervisors Working File?Working File?

What is the Supervisors What is the Supervisors Working File?Working File?

A working file to track employee’s work in progress, conduct and performance related information.

• Supervisor working file is optional

• Confidential – stored in locked area

• Not considered part of official personnel file

24

Who Has Access to the Official Who Has Access to the Official Personnel File?Personnel File?

Who Has Access to the Official Who Has Access to the Official Personnel File?Personnel File?

State law gives employees the right to review their official personnel file.• Employee request must be in writing to

his or her supervisor. • Limited access to file.

» Employee

» Employee designated representative

» Employee’s supervisor or department head

» Prospective UC hiring manager

» ER, LR and other UC officials with job related need.

25

When is the Official Personnel When is the Official Personnel File Transferred? File Transferred?

When is the Official Personnel When is the Official Personnel File Transferred? File Transferred?

Official personnel file must follow employee to new Berkeley department. • Sealed in envelope marked confidential.• Hand delivered to or retrieved by new

supervisor.• Not given to employee to deliver.

» Medical file should also follow employee after the hiring process is complete.

Documents not transferred• Supervisor working file• Timesheets

26

What is the Retention Period What is the Retention Period for the Official Personnel File?for the Official Personnel File?What is the Retention Period What is the Retention Period

for the Official Personnel File?for the Official Personnel File?

Personnel files should be maintained until five years after an employee separates.

• With the exception in cases of disability, retirement, or disciplinary actions. Files are retained until the individual reaches age 70.

• Refer to the University’s Records Retention Management Disposition Schedule.

27

Future ER ModelFuture ER ModelFuture ER ModelFuture ER Model

28

ResourcesResourcesResourcesResources

Form I-9• http://www.uscis.gov/files/form/i-9.pdf

USCIS I-9 Employers Handbook • http://www.uscis.gov/files/nativedocuments/m-274.pdf

Human Resources Forms • http://hrweb.berkeley.edu/forms/formlist.htm

Guidelines for Staff Official Personnel Files• http://hrweb.berkeley.edu/tools/pfileqa.htm

Data Management, Use, and Protection• http://datasteward.berkeley.edu/DMUP.htm

UC Records Disposition Schedules Manual• http://ucop.edu/recordsretention/search01.php

Page Center Information• http://controller.berkeley.edu/payroll/PageCenter/

index.htm