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Atascadero USD |  AR  4211.2  Personnel

Legal Status Requirement   

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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-688)

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 which 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 Director of Human Resources 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 Director of Human Resources 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 Director of Human Resources 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 Director of Human Resources shall copy them. Such copies shall be kept confidential and used only as needed to help justify the district's past decision to accept the documents as valid.

To protect full confidentiality, the Director of Human Resources shall seal these copies in an envelope on which the following message has been printed:

"The enclosed documents, provided only to verify work eligibility for (name of employee), were examined on (date) by (signature). This sealed envelope may be opened only by the Superintendent or designee. Refer to BP/AR 4111.2/4211.2/4311.2 for current regulations."

(cf. 4112.6/4212.6/4312.6 - Personnel Files)

The Director of Human Resources shall ask the employee to complete and sign INS Form I-9.

The Director of Human Resources shall complete and sign the I-9 form and shall assure that it is 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.

The Superintendent or designee shall open the sealed envelope containing copies of an employee's work authorization documents only in connection with inquiries by the INS.

In order to avoid the loss of any employer rights, all communications received from the Immigration and Naturalization Service shall be answered within 30 days.

Regulation ATASCADERO UNIFIED SCHOOL DISTRICT

approved: November 6, 2001 Atascadero, California