Personnel Bulletin 8.18 provides the policy for implementation of the federal Immigration Reform and Control Act of 1986. Human Resource Memorandum 8-95 clarified the non-discrimination requirements of the act. The federal Immigration Reform and Control Act of 1986 requires employers to hire only U.S. citizens, and aliens who are authorized to work in the U.S. The U.S. Department of Justice, Immigration and Naturalization Service Form I-9, was developed for employers to verify that persons are eligible to work in the U.S.
The Form I-9 must be completed, within three business days of the date of hire, for employees hired after May 31, 1987. In order to complete the Form I-9, the employee must provide certain documents to establish both the employee’s identity and eligibility for employment. Referencing Form I-9:
One document from List A (which establishes both identity and employment eligibility). If a document from List A is not available, the employee must produce:
- One document from List B (which establishes identity) and,
- One document from List C (which establishes employment eligibility).
The documents listed on Form I-9 are the only documents that may be requested to establish identity and employment eligibility. Agencies may not request or require documents not listed in Lists A, B, or C. The hiring agency is responsible to review the documents presented and ensure that they appear to be genuine and that they relate to the individual in question.
If an individual is unable to complete the form, or needs the form translated, the employing agency must provide assistance to them. Questions concerning this situation should be directed to agency Equal Employment Opportunity Officers or agency human resource representatives. In the event that a preparer or translator is required, he or she should read the form to the employee; help as needed, with the completion of the employee information; and have the employee sign or mark the form. The preparer or translator must then complete the "Preparer/Translator Certification" provided on the form.
The Form I-9 must be retained for at least three years. If the individual is employed for more than three years, the Form I-9 must be retained for at least one year after he or she leaves employment. In addition, agencies should be prepared to present the forms for inspection to an INS or DOL officer upon request (agencies will be given at least three days notice of inspection).
HR Memorandum 8-95 clarifies the non-discrimination requirements of the Immigration Reform and Control Act of 1986. Maine State Government must not discriminate against persons who have established the right to live and work in the United States. Non-U.S. citizens can obtain status as lawful permanent or conditional U.S. residents by virtue of a Resident Alien Card or Conditional Resident Alien Card, which is commonly referred to as a "green card". Such non-U.S. citizens must, as legal U.S. residents, be treated in the same manner as Unites States citizens with respect to employment.
In cases where an employment certification includes the name of a non-U.S. citizen, the employing agency must verify that the non-U.S. citizen has, or is eligible for, a "green card" or other documentation that establishes his or her legal residency. If the certification includes U.S. citizens, the employing agency must inform the non-U.S. citizen that it is not possible to justify the conditions needed for a work-related "green card."