I-9 Frequently Asked Questions

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The following Frequently Asked Questions apply to all faculty, staff, and students hired at the University of Minnesota.

 

General Process Questions

The University of Minnesota Form I-9 processing standard requires that all faculty, staff, and student workers must complete Section 1 and present I-9 documents on or before the first day of work for pay and that the I-9 administrator must complete Section 2 by the end of the first day of work for pay.

Our department just hired an employee who won't start work for several months. Can we still complete an I-9 before their first day of paid employment?

Yes. If a faculty, staff, or student worker verbally accepts your department's job offer, they may complete the I-9 any time up to the end of the first day of employment.

We hired a new staff member who has been employed in another department. Do we need to complete a new I-9?

If there has been no break in service, you do not need a new I-9. If there is a break in service and the previous I-9 form was completed in the past three years, complete Section 3 rather than a new I-9 form.

Can we complete Section 1 of the I-9 for a new employee?

Yes. The employer may help a faculty, staff, or student worker who needs assistance in completing Section 1 of the I-9; however, the employer must also complete the "Preparer and/or Translator Certification" block. The employee must still present their original documentation to be reviewed and verified. Their document can be reviewed in person or through the Alternative Procedure (Virtual Verification Process).

What if an employee's name changes?

You do not need to complete a new I-9 or reverify an existing I-9 due to a name change for current faculty, staff, or student workers. While the USCIS does not require a new I-9 or reverification to be completed for a name change, it is recommended that you maintain correct information on Forms I-9 and note any name changes in Supplement B. See the policy guidance on the USCIS website.

For a new hire, the name on the I-9 must match Social Security Administration or Department of Homeland Security records to be submitted to E-Verify.

How are receipts of supporting documents used?

When a faculty, staff, or student worker has a receipt, the receipt box should be checked in I-9 Express. This will mark the I-9 as "Receipt Due" in I-9 Express. The verifier must see the original document before the receipt expires.

The USCIS website explains the three types of acceptable receipts for supporting documentation. 

I was presented a birth certificate with no document number. How do I fill in the Document # field? 

Type "N/A" The I-9 form can still be completed without it. Be sure the document was issued by a state (not hospital) and has a raised seal.

Is it required to review the Social Security card?

No. The faculty, staff, or student worker may choose which documents to present to verify their eligibility to work in the United States according to the lists of possible documents in the I-9 instructions. The faculty, staff, or student worker is required to provide the employer with their Social Security number, but they are not required to show the card, if other "List C" documents are available.

Is a picture, scanned image, or other facsimile of a supporting document acceptable in place of the original document? 

No. Only original, unexpired documentation or certain unexpired receipts of documentation are acceptable to complete Section 2. The verifier must examine the original documents and evaluate whether these documents reasonably appear to be genuine and relate to the person.

What should a unit I-9 administrator do if a faculty, staff, or student worker presents a Social Security card that says "Not Valid for Employment Without DHS Authorization"? 

A Social Security card with that notation or similar content cannot be used as a supporting document for an I-9 for citizens or permanent residents.

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System Process Questions

How do I-9 administrators receive access to the I-9 System? 

To receive access to the I-9 System, the employee would complete I-9 training through the Training Hub. Once training is completed, an Access Request Form (ARF) will need to be submitted through TDX. Workforce Data Management will confirm the training is completed and the ticket will be reassigned to Payroll Services in Central OHR. The requestor will receive an email confirming that they received access to I-9 Express with directions on how to log in.

The employee requesting access to I-9 Express must have an active job in Job Data. 

What if we complete an I-9 and the employee never shows up for work? How long is the I-9 kept in I-9 Express? 

For terminated employees the I-9 remains on file either one year after the termination date or three years after the hire date, whichever is longer. I-9s for active employees are always kept on file.

What should a unit I-9 administrator do if someone accidentally fills out Section 1 and it is not needed? 

As long as Section 2 has not been completed, the I-9 will stay in a pending status in I-9 Express for 90 days. After that, the I-9 will be systematically purged.

If the employee, faculty, staff, or student worker terminates before the I-9 is completed, a unit I-9 administrator must search for the employee and check the "Terminated Before Completing I-9" box, which will remove that form systematically.[NH3]

After completing the I-9 we realized that we typed in an incorrect Social Security number in Section 1. How can we correct this? 

In I-9 Express, use the Change SSN feature. Use the Search for Employees link to find the I-9 and click the Change SSN link. Click the Edit SSN box. Add the correct SSN and click Continue. Confirm that you have the correct SSN in PeopleSoft as well.

An employee has entered the wrong location in Section 1. How do we correct this? 

This cannot be changed by the department or unit. The employee can attempt to correct the location in section 1. If the system does not allow that to happen, the employee will have to complete a new section 1.

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Tentative Non-Confirmation (TNC)

When an employee has an Social Security Administration (SSA) or Department of Homeland Security (DHS) Tentative Non-Confirmation (TNC), how long does the system give the person to contest and start the referral process? 

The employer must notify the employee within ten federal working days once an employee receives a SSA or DHS TNC. 

What should an employee expect with a DHS tentative non-confirmation? 

I-9 Express will walk HR and the faculty, staff or student worker through the process of resolving a TNC. Please be sure to follow the instructions closely and keep the following important points in mind:

  • The employee should review the Notice to Employee of Tentative Non-Confirmation. This notice explains the process to either contest or not contest the E-Verify issue. We expect that the faculty, staff, or student worker will contest, but once explained—both in the notice and the verbal explanation—it's up to the faculty, staff, or student worker to decide to contest or stop working.
  • Once the faculty, staff, or student worker contests the issue, both the notice and the referral to the DHS are printed and given to the employee. The referral letter will show the faculty, staff, or student worker's name and case verification number, as well as the employer name.
  • The faculty, staff, or student worker should follow the directions in the first paragraph of the referral letter and call the DHS to resolve the case.The employee can contact them via their website. We recommend calling their office directly for a faster response The referral letter explains that the referral is time sensitive. The employee has ten calendar days from the date of the employer referral to either visit the Social Security Administration or call the DHS.
  • Our experience has been that the issue is resolved quickly, and the faculty, staff, or student worker's E-Verify status is automatically changed from DHS Referred to Resolve-Employment Authorized. Keep in mind that while the new hire is in the Tentative Non-Confirmation and referral process, the employee continues to work and the I-9 in PeopleSoft is compliance verified.
     

The system returns a Social Security Administration Tentative Non-Confirmation. The employee contests and visits the Social Security office, and then I discovered that the Social Security number was entered incorrectly. What do I do? 

Do not wait for the SSA TNC response to correct the issue. Close the case in E-Verify and create a new I-9 for the faculty, staff, or student worker using the correct Social Security number. After you complete the new I-9 process, click on the comment section and explain in detail that the original I-9 was completed in time but the Social Security number was incorrect, and hence a new I-9 was created. 

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Foreign National Process Questions

If a foreign national employee is being rehired for a different unit, do they need to complete another I-9, or can we verify in I-9 Express? 

If there is no break in service, it is not a rehire. If it is truly a rehire, they should contact their HR department to complete a Supplement B Rehire. If there was a break in service and the original I-9 was completed over 3 years ago, a new I-9 would be needed. 

What should foreign national faculty, staff, or student workers who have applied for a Social Security number do when they receive their number and card? 

When they get their Social Security card in the mail, and no later than 90 days from when they applied, the new foreign national faculty, staff, or student worker should bring their Social Security number to their department. The department must enter the Social Security number in I-9 Express and PeopleSoft.

Foreign Nationals Expiring Status

How do I know if a foreign national employee's work authorization is about to expire?

You can find a report in the Reporting Center called Foreign National Supporting Document Expiring Warning Report that shows an upcoming visa status expiration that, if not extended or renewed, means the employee cannot work beyond the expiration date.

Where can I find this report?

Here's the path in MyU: Key Links > Reporting Center > Reports Run for Me > PY FN EXP WARN RPT. Click on the most recent PDF format.

What should I look for?

Search by DeptID. Any employee with an upcoming visa expiration (up to 90 days from the date the report is generated) will be listed by Name, EmplID, Visa Type, Expiration Date, and Days Left to expiration date.

What steps should I take if I have an employee listed on the report?

Contact the employee to verify if steps have been taken to renew or extend their status. If not, and if they are intending to renew their status, the employee should immediately contact the International Student and Scholar Services. Some visa types, such as TN and Residents, may allow for a grace period.

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Rehire Process Questions

Does a rehired employee need complete a new I-9?

If the faculty, staff, or student worker's most recent hire date with the University is less than three years before their rehire date, they do not have to complete a new I-9, nor do they have to present their documents. The department should complete a Supplement B Rehire  in I-9 Express and confirm that the Social Security number on their existing I-9 form is the same as the one in PeopleSoft.

If the faculty, staff, or student worker's most recent hire date is more than three years before the rehire date, a new I-9 form is required. The University of Minnesota Form I-9 processing standard requires that, also in the case of a rehire, all faculty, staff and student workers must complete Section 1 and present I-9 required documents on or before their first day of work for pay and that the I-9 Administrator must complete Section 2 by the end of first day of work for pay.

Does a faculty, staff, or student worker transferring to a new job need to complete a new I-9? 

A transfer does not need to do a new I-9.

Should I scan employment eligibility documents and attach them to the electronic I-9? 

If the I-9 documentation is reviewed in person, you should retain a copy only when the faculty, staff, or student worker presents a document used as a list A verification.  These documents must be reviewed  and as part of Photo matched to the photo on record with the federal government (Photo Matching. These documents are a U.S. passport and passport card, Permanent Resident card (Form I-551), or the Employment Authorization Document (Form I-766). In those cases, you should scan a copy and upload it to I-9 Express. Documents used for list B and C verification are not stored.  

If the I-9 documentation is reviewed virtually, follow the instructions for List A documents above.  Also store all documents used for employment eligibility (List A, B, and C) in Box Secure Storage.

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Term Definitions

Original hire date: The first date a person is employed at the University of Minnesota.

University start date: Faculty or staff member's first day in a non-student or non-temp/casual job .

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