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3106 - Immigration Reform and Control
Layton City, in order to comply with the Immigration Reform and Control Act of 1986, will adhere to the following policy.
All new employees must complete an I-9 Form and provide documentation proving their identity and eligibility for employment to the Personnel Department for inspection within three (3) working days after the employee actually begins working for Layton City. If an employee is unable to obtain this documentation within the three day time period, the employee must provide the Personnel Department with a receipt or other proof that the documentation has been applied for. The employee will then have a total of 21 days to provide the Personnel Department with the document. Any employee unable to provide the Personnel Department with the necessary documents during this time frame is no longer eligible for employment and will be terminated.
An employee that is expected to work less than three days must complete the I-9 Form and provide the proper documentation to the Personnel Department on the first day the employee begins work.
All employees hired on or after June 1, 1987, must complete an I-9 Form and provide the Personnel Department with the proper documentation regardless of how long the employee is or expects to be on the job.
The following is a list of documents that have been designated for determining identity and/or employment eligibility by the Immigration Reform and Control Act of 1986.
To complete the I-9 Form, employees must present one document listed in column A, or one document from column B and one document from column C.
U.S. Passport or U.S. Passport Card
Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
Employment Authorization Document that contains a photograph (Form I-766)
In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form
Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association between the United States and the FSM or RMI
For individuals 18 years of age or older: (All “List B” identity documents must bear a photograph)
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, gender, height,eye color, and address
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, gender, height, eye color and address
School ID card with a photograph
Voter's registration card
United States Military card or draft record
Military dependent's identification card
Native American tribal documents
United States Coast Guard Merchant Mariner Card
Driver's license issued by a Canadian government authority
For individuals under age 18 who are unable to produce one of the documents listed above:
School record or report card
Clinic, doctor or hospital record
Daycare or nursery school record
Social Security Account Number card other than one that specifies on the face that the issuance of the card does not authorize employment in the United States
Certification of Birth Abroad issued by the Department of State (Form FS-545)
Certification of Report of Birth issued by the Department of State (DS-1350)
An original or certified copy of a birth certificate issued by a State, county, municipal Authority, or territory of the United States bearing an official seal
United States Citizen Identification Card (Form I-197)
Native American tribal document
Identification Card for use of Resident Citizen in the United States (Form I-179)
Employment authorization document issued by the Department of Homeland Security
E-Verify is an Internet-based system operated by the U.S. Citizenship and Immigration Service (USCIS) in partnership with the Social Security Administration (SSA). E-Verify electronically compares information entered on the Employment Eligibility Verification, Form I-9, with records contained in SSA and Department of Homeland Security (DHS) databases to help employers verify the identity and employment eligibility of newly hired employees.
Once a newly hired employee has completed the Form I-9, the City will initiate a verification query in E-Verify no later than the 3rd business day after the employee begins work for pay.
If the City mistakenly fails to initiate a verification query within this timeframe, it should bring itself into compliance to the extent possible with program requirements immediately by initiating the query.
Layton City shall not:
- selectively verify newly hired employees. The City must follow E-Verify procedures for all new hires while the City is participating;
- request that the employee use certain documentation for Form I-9 or E-Verify purposes;
- use E-Verify to discriminate against any job applicant or new hires on the basis of his or her national origin, citizenship, or immigration status;
- use the system to pre-screen applicants for employment;
- go back to check employment eligibility for employees hired before the City signed the Memorandum of Understanding with USCIS and SSA;
- use the system to re-verify employment authorization.
Layton City must provide employees an opportunity to contest a Tentative Nonconfirmation. The employee must continue to work during the verification process. The City can only take adverse action, based on E-Verify, against an employee when the program uses a Final Nonconfirmation.
Beginning July 1, 2009 Layton City will not enter into a contract for the physical performance of services within the state with a contractor unless the contractor registers and participates in the Status Verification System to verify the work eligibility of the contractor’s new employees that are employed in the state. A contractor shall register and participate in order to enter into a contract with a public employer.
Amended, 12/9/1993, Previous Policy,
Minor Edit, 12/17/2003
Amended, 4/23/2009, Previous Policy 3106