Immigration Reform and Control Act of 1986 (IRCA)
Documentation and Verification Processes

Revised March 1998

THE LAW

On November 6, 1986, President Reagan signed into law the Immigration Reform and Control Act (IRCA) of 1986, PUB L 99-603. This law serves as notice that employers cannot continue to hire illegal aliens or to continue the employment of a person who is or becomes an unauthorized alien. However, these provisions do not apply to persons employed on or before November 6, 1986, the date of the enactment.

Therefore, every new employee hired on or after November 7, 1986 will be required to provide proof of their identity and employment eligibility. As an employer, a designee of San Francisco State University is required to examine documentation upon its presentation.

List of Acceptable Documentation

Section 7.3.1 of the IRCA regulations, List A, lists the following documents as acceptable to establish both your identity and employment eligibility:

• United States Passport (current or expired)
• Certificate of United States Citizenship (INS Form N-560 or N-561)
• Certification of Naturalization ( INS Form N-550 or N-570)
• Current foreign passport with I-551 stamp or attached Form I-94 indicating current employment authorization.
• Alien Registration Receipt Card with photograph (INS Form I-151 or I- 551).
• Current Temporary Resident Card, (INS Form I-688).
• Current Employment Authorization Card, (INS Form I-688 A).
• Current Reentry Permit (INS Form I-327).
• Current Refugee Travel Document (INS Form I-571)
• Current Employment Authorization Document issued by INS which contains a photograph (INS Form I-688 B)

Section 7.3.2 of the IRCA regulations, List B, lists the following documents as acceptable to establish identity only for individuals 16 years and older. If you present one of these documents you must also present a documents establishing your employment eligibility as specified in Section 7.3.3 below:

List of Acceptable Documentation

• Driver's License or Identification 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.
• 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.
• School ID card with a photograph
• Voter's registration card
• US Military card or draft record
• Military dependent's ID card
• US Coast Guard Merchant Mariner Card
• Native American tribal document
• Driver's license issued by a Canadian government authority
• For person under age 18: School record or report card
• For person under age 18: Clinic, doctor, or hospital record
• For person under age 18: Day-care or nursery school record

Section 7.3.3 of the IRCA regulations, List C, lists the following documents as acceptable to establish employment eligibility only. If you present one of these documents, you must also present a document establishing you identity as specified in Section 7.3.2 above:

• US Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment)
• Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS -1350)
• 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.
• Native American tribal document
• US Citizen ID Card (INS Form I-197)
• ID Card for use of Resident Citizen in the United States (INS Form I-179)
• Current employment authorization document issued by the INS (other than those listed under List A)

To complete your verification process, you are also required to complete the Employment eligibility I-9 form. I-9 Employment Eligibility Form is in your sign-in packet, can be picked up at Human Resources, ADM. 252, and you can acquire I-9 forms from your Academic Office Coordinator, Office Manager, Secretary, and other office Administrator Assistants from your department.

Employee's Responsibilities

As a new faculty, staff employee you are required (1) to complete Section 1 of the I-9 form, Employee Information and Verification, and (2) to present the I-9 to the SFSU designee on or before your hire date in order to establish both your identity and employment eligibility.

If you are unable to provide the required document(s) within three (3) days you may present a receipt for the application of the document(s) within three (3) days, but you must present the required document(s) itself within twenty-one (21) days of hire.

No later than three (3) business days of date of hire, the SFSU designee must (1) physically examine the documentation that you present establishing identity and employment eligibility and (2) complete Section 2 of the I-9 form, Employee Information and Verification.

Employer's Responsibility

The IRCA Coordinator located in Human Resources for staff appointments or college offices / departments for faculty appointments shall complete Section 2 - Employer Review and Verification, review the submitted documentation and certify under Section 2 or Section 3 Updating and Re-verification.

Record keeping Requirements

For staff positions, the I-9 form shall be retained in the Human Resources Department for three (3) years after your date of hire or for one (1) year after your separation date, whichever is later. To maintain the confidentiality of the information contained in your I-9 form, your I-9 form shall be filed separately from your official Personnel File should an audit be required by the Immigration and Naturalization Service.

For faculty positions, the I-9 Form shall be retained within the individual college/departments and must be kept separate from the faculty member's working college or department file. The Employee's responsibility remains the same as identified above. Contact the College Office for the name of the College IRCA Coordinator for further information.

For Student Employees - Contact the Student Financial Aid Office

Nondiscrimination

The purpose of the IRCA is to halt unlawful employment of those not entitled to work in the United States. IRCA regulations apply equally to United States Citizens as well as Aliens. In line with this intent, SFSU shall continue to conform to the requirements of nondiscrimination in employment on the basis of national origin as mandated by Title VII of the Civil Rights Act of 1964.

For Additional Assistance

Should you have further inquires on this matter, please call Donna Ryan, Manager of Employment, Classification and Disability Programs at 338-2559 or drsiaem@sfsu.edu.