Administrative Regulation
AR4111.2
Certificated Personnel
Legal Status Requirements
When being hired by the
District for any kind of work, prospective employees shall be informed that they
will be asked, within three days of employment, to show documents which certify
their work eligibility and identity. Persons employed for three days or less
must provide such documentation on their first day. This documentation may
consist of one item in group A below, or two items, one from group B and one
from group C below.
Group A - Documents Establishing Both Work
Authorization and Identity
1. A United States passport, unexpired or
expired.
2. A Certificate of U.S. Citizenship (INS Form
N-560 or N-561).
3. A Certificate of Naturalization (INS Form
N-550 or N-570)
4. An unexpired foreign passport with I-551
stamp or attached INS Form I-94 indicating unexpired employment authorization.
5. An Alien Registration Receipt Card with photograph
(INS Form I-151 or I-551).
6. An unexpired Temporary Resident Card (INS
Form I-668).
7. An unexpired employment Authorization Card
(INS Form I-688A).
8. An unexpired Reentry Permit (INS Form I-327).
9. An unexpired Refugee Travel Document (INS
Form I-571).
10. An unexpired Employment Authorization
Document issued by the INS that contains a photograph (INS Form I-688B).
Group B - Documents Establishing Identity
1. A driver’s license or ID card issued by a
state or outlying possession of the United States, provided it contains a
photograph or information such as name, date of birth, sex, height, eye color
and address.
2. An ID card issued by federal, state or local
government agencies or entities, provided it contains a photograph or
information such as name, date of birth, sex, height, eye color and address.
3. A school ID card with a photograph.
4. A voter’s registration card.
5. A U.S. military card or draft record.
6. A military dependent’s ID card.
7. A U.S. Coast Guard Merchant Mariner card.
8. Native American tribal documents.
9. A driver’s license issued by a Canadian
government authority.
Group C - Documents Establishing Work Eligibility
1. A U.S. Social Security card issued by the
Social Security Administration, other than one stating it is not valid for
employment.
2. Certification of Birth Abroad issued by the
Department of State (Form FS-545 or Form DS-1350).
3. An original or certified copy of a birth
certificate issued by a state, county, municipal authority or outlying
possession of the United States, bearing an official seal.
4. A Native American tribal document.
5. A U.S. Citizen ID card (INS Form I-197).
6. An ID card for use of Resident Citizen in the
United States (INS Form I-179).
7. An unexpired employment authorization
document issued by the INS, other than those listed in Group A.
If a minor has a work
authorization document but does not have any of the identity documents in Group
B, he/she may establish identity by means of a school record or report card;
clinic, doctor or hospital record; or a day-care or nursery school record.
Lacking any of these, he/she still may work, provided that a parent/guardian
completes Section 1 of Form I-9 for the minor. In the space for the minor’s
signature, the parent/guardian must write "minor under age 18."
The parent/guardian also
must complete the "Preparer/Translator Certification" section. In
Section 2 under List B after the words "Document #," the personnel
officer should write "minor under age 18."
If unable to provide
satisfactory documentation, the employee shall furnish a receipt indicating
that the needed document has been requested. This receipt must be presented
within three days of the hire, and the document itself must be provided within
90 days of the hire.
The personnel officer shall
examine the documents presented and record the expiration date as it appears on
all work authorization permits. This expiration information shall be
subsequently flagged so as to remind the personnel officer to verify that the
permit has been renewed and that the employee is still eligible to work.
Should an employee present
two documents on which the individual’s name is not the same, the personnel
officer shall ask to see documentation of name change, such as would be
provided by a marriage license, divorce papers, court order or other legal
document verifying the name change.
After examining the
documents presented, the personnel officer shall copy them. Such copies shall
be kept confidential and used only as needed to help justify the Districtís
past decision to accept the documents as valid.
The personnel officer or
designee shall complete and sign the I-9 form and shall submit it to the Personnel
office where it will be kept until a full year after the employee leaves the
job.
All I-9 forms shall be kept
together in a separate file for at least three years from the hiring date. I-9
forms shall be kept for all employees hired after November 6, 1986.
I-9 forms shall be available
for inspection upon request by officers of the Immigration and Naturalization
service or the Department of Labor. Other personnel documents shall not be made
available to government agents unless they present a warrant or subpoena.
Adopted:
Revised:
Related Policies & Exhibits:
BP
4111.2 Legal Status Requirement