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Index > Operations Policies > Employment Eligibility

Employment Eligibility

Purpose

In 1986, Congress reformed U.S. immigration laws. To comply with the law, RISD must verify the identity and employment authorization of each person we hire. RISD is committed to complying with all applicable state and federal laws and practices surrounding employment verification.4/30/2020

Scope

This policy is mandated by the federal government for each RISD employee hired after November 6, 1986. The necessary actions do not need to be completed for the following individuals:

  • hired before November 6, 1986
  • independent contractors
  • individuals providing labor to RISD who are employed by an agency providing contract services (e.g., temporary agency) or otherwise not paid by RISD’s payroll (e.g., unpaid interns)

Policy

RISD must complete and retain a Form I-9 for each employee hired after November 6, 1986, and may not discriminate against individuals on the basis of national origin or citizenship. An I-9 must be completed every time a person is hired, rehired or temporary employment authorization documents expire.

For all employees hired after November 6, 1986, an I-9 must be completed or reverified every time a person is hired, rehired or temporary employment authorization documents expire. Federal law requires all employers to verify the identity and employment eligibility of all persons hired to work in the United States. Accordingly, Section 1 of the Form I-9 must be completed on or before an employee’s first working day and all new employees will be required to complete fully the I-9 verification process and produce the appropriate documentation within three business days of starting work. All offers of employment are contingent upon a candidate’s fulfillment of this requirement and a failure to do so will result in termination.

Procedures

RISD must physically examine the documents provided, and may not permit documents to be provided via remote means such as webcam or other remote technology. RISD must review a document submitted for the I-9 process to determine if they are genuine, and must not accept documents that do not appear genuine, cannot verify the individual’s identity, or do not provide eligibility to work in the United States. Documents that do not appear to be genuine may be brought to the attention of General Counsel prior to further action. Additional inquiry of documents may be permitted where the employee name or other verifying information does not match, and any reasonable explanation for the discrepancy must be documented in an attachment to the I-9 file.

Anti-discrimination

At all times, it is critical to treat all new hires and employees equally under this Policy. All aspects of the I-9 process performed by RISD must be uniform with respect to every new hire and employee.

RISD cannot specify which document the employee may present to establish employment authorization and identity, so long as those documents provided are documents identified on the USCIS list of acceptable documents.

RISD does not require U.S. Citizenship or Permanent Residency of any applicants, unless pursuant to government contract. U.S. Citizens are not entitled to different or more favorable treatment.

For procedures relevant to specific employment scenarios, please seek guidance from RISD’s Director of Employment & Employee Development.

Revision history

This policy was approved as of: 1/1/1986

This policy was last reviewed/modified on: 4/3/2020

Next scheduled review will be on the following date or as needed: 4/3/2022

Responsibilities

Issuing Office

Human Resources

Responsible Officer

Vice Presiden of Human Resources

Individuals/offices required for review and changes

Director of Employment and Employee Development

General Counsel