Guidance Letter P-020


SUBJECT: Immigration Reform Act Requirements

The Immigration Reform and Control Act of l986 imposes an affirmative duty on all employers to refrain from hiring known unauthorized aliens and to verify the status and identification of all new employees. The Employment Verification System requires that the employer attest, under penalty of law, that the employee being hired is not an unauthorized alien by examining either:

  1. A document which establishes both employment authorization and identity, such as:
    1. United States Passport;
    2. Certificate of United States citizenship;
    3. Certificate of naturalization;
    4. Unexpired foreign passport, if it has an appropriate, unexpired endorsement of the Attorney General authorizing the individual's employment in the United States; or
    5. Resident alien card or other alien registration card, if the card contains a photograph or other personal identifying information, and is evidence of authorization of employment in the United States.
  2. Or two documents, one which evidences employment authorization and one which establishes identity.
    1. Employment authorization:
      1. Social security account number card (other than one which specifies it does not authorize employment in the United States);
      2. Certificate of birth in the United States or which establishes United States nationality at birth; or
      3. Other documentation evidencing authorization of employment in the United States (the Attorney General is to issue regulations on this).
    2. Identity of individual:
      1. Driver's license or similar document issued for identification by a state, if it contains a photograph or other identifying information; or
      2. In the case of individuals under the age of l6 or in a state which does not issue an identification document other than a driver's license, such other documentation of personal identity as the Attorney General deems reliable.

Of the several documents listed above, the most readily available combination to be provided by most individuals would be a state drivers license and a social security card.

It is the responsibility of cognizant officials of this institution to ensure that an unauthorized alien is not employed and to identify the documents reviewed to determine this fact. This law is applicable to all categories of employment at Cleveland State Community College, i.e., full-time and part-time administrators, faculty, professional non-faculty, clerical and support staff, adjunct faculty, and all categories of student employment. The eligibility/identification certification shall be recorded on an official Department of Justice form. The eligibility certification portion of the form shall be completed and signed by the applicant for employment. The employer verification portion of the form shall be completed by the cognizant official of the college. A completed Employment Certificate form shall be maintained in the official personnel record/personnel file of each employee hired on or after May l, l987.

The following officials are responsible for ensuring the accomplishment of the required eligibility/identification certification by category of employee prior to completion of the hiring process:

Category Responsible Official

Full-time administrative, Human Resource Officer
faculty, professional non-faculty
and clerical and support staff

Part-time administrative, Human Resource Officer
faculty, professional non-faculty
and clerical and support staff

Adjunct faculty Human Resource Officer

Category Responsible Official

CEU faculty Director of Community

College Work Study Program Financial Aid Officer
TBR Work Scholarship Program

The Human Resource Office will stock and distribute Department of Justice Employment Eligibility Certificate forms.

Effective Date: This Guidance Letter is effective for all categories of employees hired on or after May l, l987.

Source: Memo "Immigration Reform Act Requirements" from Linda Sendaula, TBR, dated 3-20-87

Revised: January 1, 1993; June 26, 2003