UNIVERSITY FORM I-9 PROCEDURES

I-9 Certification

Federal immigration regulations require each employee hired in the United States to prove their identity and eligibility to work by completing a Form I-9 at the time of hire.

The Form I-9 must be completed on or before the employee's first day of work. If the work eligibility of an individual is completed after three days from the start date of hire, it is considered "late" and will be reported on the University's monthly compliance report.

BYU can be fined by the Department of Justice up to $1,100 for each "late hire" in the event of an audit.

Acceptable Documents for I-9 Certification

The following is a list of acceptable documents that may be used to satisfy Form I-9 requirements in establishing an individual's eligibility to work in the United States.  All documents must be current--no expired documents can be accepted.

Choose one from LIST A, OR one from LIST B AND one from LIST C

*Please note that laminated Social Security Cards are considered fraudulent documents by the Immigration Customs Enforcement, and will not be accepted for I-9 purposes. 

How to Obtain a Social Security Card

In order to receive a Social Security number or replacement card, an individual must complete an application and prove his/her U.S. citizenship or immigration status, age and identity at the Social Security Administration Office. The Social Security Administration Office will issue a receipt at no cost. This document may be used as a receipt to complete the Form I-9, giving the individual a 90-day time-limited work authorization until they receive the original in the mail bring it in to the respective hiring office to update their work eligibility on the Form I-9. If an individual fails to bring in his/her card before the 90-day extension expires, they will be terminated from their employment.

Hiring

Once an employee has completed a Form I-9 and their work eligibility has been verified, the individual will receive an "Authorization to Begin Work" form to give to his/her direct supervisor and may begin work.

Audits and Training Programs

The University I-9 Coordinator will oversee in-house audits of Form I-9's, and will suggest and conduct specific training programs as needed.

BYU promotes equal opportunity in employment.  Job openings are filled by recruiting and hiring qualified applicants without regard to gender, race, national origin, age, or disability.  To ensure fairness and equity, the hiring of relatives or near relatives must be carefully administered.  In any instance involving potential nepotism, job openings must be listed with the appropriate employment office and be open to all qualified applicants.  Hiring departments are urged to counsel with the appropriate employment office to resolve any concerns of possible nepotism before the hiring occurs.

The following two scenarios serve as examples of legitimate exceptions to the nepotism policy.  The procedures associated with these examples apply to other similar exceptions.

1. A graduate or upperclassman may be employed in the same academic or administrative department as a near relative if disallowing the employment might preclude the student from having an essential or valuable academic experience in his or her major field of study.

Procedures:

• The near relative should not directly supervise the student.
• The department chair and dean or administrative unit director (as the case may be) as well as the Student Employment Office must approve the exception prior to the hire.
• Contact Student Employment.

2. Some university positions may require several years of professional, technical or specialized training, and a person related to an employee may be the most qualified candidate.  When this occurs, all persons involved in the hiring process must be made aware of the potential conflict.

Procedures:

• The appropriate employment office (faculty, staff, or student) must request appropriate approval to hire the near relative. If the approval is given, the approval document must explicitly state that the relationships of the affected individuals in the department are recognized and allowed.
• The dean/director and department chair/manager, and the Associate Academic Vice President-Faculty or Assistant Administrative Vice President-Human Resource Services must approve the hire before such employment may occur.

In the event one employee assumes a supervisory position over a near relative, the following procedures must be applied:

• The next higher person in a line supervisory position will conduct the annual salary review of the near relative. When the near relative is a member of the President's Council, the review will be conducted by the Office of the Commissioner of the Church Educational System. The supervisory near relative should also be consulted.
• Any evaluation made by a supervisor of a near relative should explicitly be reviewed and countersigned by the next higher person in a line supervisory position. When the near relative is a member of the President's Council, the review will be conducted and the countersignature supplied by the Office of the Commissioner of the Church Educational System.

Overview

Student Employment is a division of BYU Human Resource Services. The Student Employment staff assists students and departments with their employment needs. Generally, the university gives preference to day-continuing students for part-time job opportunities. It has been a long-standing priority and practice to provide as many student employment opportunities as possible within the operational needs of the university. This practice will assist students with their financial needs and provide work experience as they attend the university.

Student job openings are posted in Student Employment (2024 WSC) as well as on our website at jobs.byu.edu.

Students who work on campus are required to observe the Church Educational System Honor Code, Dress and Grooming Standards, and the Nepotism Policy. Student employees should dress appropriately for the environment in which they work and may be required to adhere to a dress standard for the individual department in which they work. This standard may include uniforms or specified safety equipment.

All University hiring and setting of wage rates are centralized through Student Employment. Beginning wages and subsequent pay increases must conform to the university’s approved schedule of wage rates for student employees. This helps to maintain fairness in recruiting, meeting state and federal employment laws, and properly interpreting campus policies.

Conditions of Employment

In order to work on campus, students must provide the necessary documents to establish employment eligibility and identity to satisfy the U.S. Department of Homeland Security Form I-9. To comply with the U.S. Citizenship and Immigration Services (USCIS) provisions, the I-9 must be completed and certified by an authorized BYU employment representative before beginning work.

International Students must be cleared to work through the International Services Office prior to accepting a position on campus.

To satisfy Internal Revenue Service regulations, students are required to present their social security card.

At BYU, the employment relationship exists at the will of either party, employer or employee, and may be terminated at any time with or without notice and for any cause whatsoever or for no cause, other than for reasons prohibited by law.

Nepotism Policy

The hiring of relatives or near relatives must be carefully controlled and administered. In any instance involving potential nepotism, job openings must be listed with the appropriate employment office and be open to all qualified applicants.

Colleges/departments may not employ a person in a position within the administrative scope of control of a near relative. This applies to full-time and part-time personnel (or special employees) including students.

Persons considered relatives or near relatives for the purposes of the Nepotism Policy include: parent, spouse, brother, sister, child, grandparent, grandchild, uncle, niece, nephew, or in-laws. (Step and half relationships, i.e., step-brother, step-father, half brother, half sister, etc., are also considered near relatives).

Work Schedules and Devotionals

Students wishing to work should plan their class schedule in such a way that they are available for a four-hour work shift, either morning, afternoon, or evening. However, work shifts of less than four hours may also be available.

Supervisors determine break and meal periods based on departmental needs. Management should make every effort to deal fairly with student employees in practicing consistent and equitable procedures regarding break and meal periods.

Generally, a ten-minute rest or break period for each four hours of work is recommended. Employees may not take a break at the beginning or end of work periods or accumulate break time for use later. Rest or break periods of less than 20 minutes are part of the paid working hours of an employee, therefore the employee should not clock out for short breaks. Generally, it is recommended that a meal period is taken (typically 30 minutes or more) after four hours of work. The employee is relieved from all work duties and is free to leave the premises. Employees should clock out for meal periods because they do not count as time worked.

Minor employees (under age 18) must be given at least a 10 minute paid rest period for each 3 hours of work and at least a 30 minute meal break (unpaid) starting no more than 5 hours after the beginning of the workday.

Student employees are expected to attend weekly devotionals and forums without being compensated. Students who are employed in areas designated to continue operations during those times have special exception to this policy.

Concurrent Jobs

In some cases there may be sufficient reason for a department to consider employment of a student who is already working for another department at the University. In this event, the hire ePAF will be routed to the concurrent department for their approval. Students may not be employed on more than three account codes. For unusual circumstances, departments may appeal to Student Employment for an exception to this policy.

Temporary Employees

To help preserve campus jobs for students, the University requires departments to employ students in all positions except those that are approved as non-student positions. Colleges and departments may not use off-campus employment agencies to obtain employees. Departments may employ non-students to meet temporary needs only when students are not available to fill positions. Staff & Administrative Employment can ordinarily fill a department’s need for temporary employees. Employment of non-students requires prior approval from Staff & Administrative Employment.

International Student Regulations

International Students may work on campus after obtaining approval from a representative in the International Services Office (1351 WSC). The U.S. Code of Federal Regulations states that employment for international students must not exceed twenty hours per week while school is in session. Violation of this policy will result in immediate termination and loss of the right to work in the United States. The BYU workweek begins Saturday a.m. and ends at midnight the following Friday.

During their yearly vacation period, and when classes are not in session, International Students may work up to 40 hours per week without taking classes.

Fall/Winter Student Employment Guidelines

To qualify to work on campus during fall or winter semesters, a student must meet one of the following enrollment criteria:

US Citizens/Resident Students

• Undergraduate students must be enrolled in at least 6.0 credit hours per semester.
• Graduate students must be accepted into a BYU graduate program and be enrolled in at least 2.0 credit hours per semester.

  Students enrolled in at least 1.0 but less than 6.0 credit hours per semester may work in the following areas only:

  • Custodial Services
  • Grounds
  • Dining Services

International Students

• Undergraduate students must be enrolled in at least 12.0 credit hours per semester.
• Graduate students must be accepted into a BYU graduate program and be enrolled in at least 9.0 credit hours per semester.

International students may not work with a reduced credit load unless they are given prior approval from the International Services Office.

Exceptions: Students may be granted an exception to this policy if they are in their last semester of study prior to graduation or if they have been given approval from Student Employment.

**Independent Study, Salt Lake Center, Evening Classes, Post Baccalaureate and audited courses only do not meet the enrollment requirements to qualify for student employment on campus.  Day-Continuing students may include credits from Salt Lake Center and Evening Classes towards student employment eligibility.

FICA – Social Security Tax: The FICA tax is currently 7.65% percent of gross earnings and is paid by both the student employee and the department when enrollment drops below the credit hours required for exemption. During fall and winter semester, the FICA status is determined by the following criteria:

FICA Exempt Students: Undergraduate students enrolled in at least 6.0 credit hours and graduate students enrolled in at least 2.0 credit hours during fall and winter semesters are exempt from paying FICA (neither the student nor the department pays the FICA Tax).

FICA Non-Exempt Students: Undergraduates enrolled for less than 6.0 credit hours and graduate students enrolled for less than 2.0 credit hour during fall and winter semesters are required to pay FICA (both the student and the department pays the FICA tax).

International Students are exempt from paying FICA tax.

Work Hours: During fall and winter semesters, undergraduate students should not work more than 20 hours per week, unless special exceptions have been granted. Graduate students may work up to 30 hours per week provided the job duties are within the student’s field of study. International students may not work more than 20 hours per week according to federal regulations (see International Student Regulations above) unless they are on approved vacation.

International Students are allowed to work over 20 hours per week during their annual vacation period (to be determined by the International Services Office) and during school holidays and breaks.

Spring/Summer Student Employment Guidelines

In order to work on campus during spring or summer terms, a student must meet one of the following enrollment criteria:

• Enrolled in day school the previous winter semester and will also be enrolled for the next fall semester. Meeting this criterion permits working spring and/or summer terms without taking any credits for those terms (see FICA section below).
• High school seniors who have been accepted to day school for fall semester may be hired as a student employee after they have graduated from high school (see FICA section below). Students must be at least 16 years of age to work on campus.
• Visiting Spring/Summer Only students who are enrolled in day school for at least 3.0 credits for one of the terms (see FICA section below).
• Students graduating in August should be enrolled in at least 3.0 credits during either spring term or summer term or have been accepted into a BYU graduate program beginning fall semester.

**Independent Study, Salt Lake Center, Evening Classes, Post-Baccalaureate and audited courses only do not meet the enrollment requirements to qualify for student employment on campus. Day-Continuing students may include credits from Salt Lake Center and Evening Classes towards student employment eligibility.

General Information: Individuals who are enrolled in evening school (generally 8.5 credit hours) AND have been accepted into a day school program may also be eligible to work as a student employee during spring and summer terms.

Graduating Students: Graduating students may work up to two weeks beyond graduation in their student jobs. During this two-week period, those students will be required to pay FICA.  According to federal regulations, International Students may not work past their graduation date.

FICA – Social Security Tax: For FICA tax purposes, enrollment will be determined independently for each term. During spring and summer FICA status is determined by the following criteria:

FICA Exempt Students: Undergraduates enrolled in at least 3.0 credit hours and graduate students enrolled in at least 1.0 credit hour during spring and summer terms are exempt from paying FICA (neither the student nor the department pays the FICA Tax).

FICA Non-Exempt Students: Undergraduates enrolled for less than 3.0 credit hours and graduate students enrolled for less than 1.0 credit hour during spring and summer terms are required to pay FICA (both the student and the department pays the FICA tax).

International students are exempt from paying FICA.

Work Hours: Student employees may work 40 hours per week, if approved by their department, during spring and summer terms; however, if a student employee works more than 40 hours in a workweek, the department for which the student is working when overtime begins to be accrued is responsible for the payment of all overtime during the pay period. Departments should carefully monitor their student employees’ work hours.

Hourly/Contract Student Employees

Federal wage and work hour regulations require that an accurate record be kept of all hours worked by non-exempt employees, including student employees. For this reason, it is important to classify in proper categories, non-exempt (hourly) versus exempt (graduate contract) employees. Therefore, students may not be employed on both an hourly (Y-Time or timecard) and contract basis at the same time. If a student accepts two or more regular employment opportunities, one of which is hourly, all work assignments must be hourly employment.

Employment Procedures for Hourly Students

Departments should post all vacant hourly student jobs through the Student Employment System at jobs.byu.edu. Assistance with the System is available at 2-3562. Appropriate application instructions and preferred qualifications should be included in the postings. Employee selections should be made on the basis of qualifications without regard to race, color, creed, gender, national origin, or disability.

After the department interviews and selects a student, a Hiring Manager authorized to access the Human Resource/Payroll System will submit a hire epaf (Electronic Personnel Action Form).

If the student's I-9 is not OK, the student should be sent to the Student Employment Office with:

• Original Social Security Card or Social Security Card Receipt
• Employment Eligibility Documentation (I-9)

The student will complete the required government Form I-9 required by federal law to prove eligibility to work in the United States. This form must be completed before beginning any work or training.

Employment Procedures for Contract Students

Departments may hire graduate students as Teaching Assistants or Research Assistants if their duties meet the following criteria:

• Teaching Assistant - a graduate student (an individual who has received a bachelor's degree and is accepted and currently enrolled in a degree-seeking graduate program at BYU) who: 
  • is materially involved in classroom instruction.
  • requires specialized knowledge of teaching material and exhibits independent discretion and judgment.
  • is involved in predominantly intellectual activities in advancing classroom instruction.

  This assignment could range from full charge and responsibility for a class or required laboratory section to material involvement with a professor in the instructional enterprise.

• Research Assistant - a graduate student (an individual who has received a bachelor's degree and is accepted and currently enrolled in a degree-seeking graduate program at BYU) who:
  • is materially involved in original research
  • makes independent judgments and selections regarding research design, procedures, and data collection
  • exhibits independent intellectual judgment in analysis and reporting of research

  Graduate intern appointments should be designed to qualify as either teaching assistants or research assistants. All other job-related activities must be treated as hourly employment.

Departments should refer to the standard contract pay schedule approved by the University in preparing contracts for teaching and research assistants. If circumstances warrant a different contract amount than the stipend scale suggests, downward deviations of 15 percent and upward adjustments not to exceed 10 percent are allowed. Other deviations from the standard contract pay schedule must be appealed through Student Employment.

Departments hiring students on contract should have the student and department representative sign the contract prior to submitting the epaf (Electronic Personnel Action Form).

International students must be sent to the International Services Office with a copy of their signed contract to get an approval signature. International Services will then fax the signed copy to the department where the student will be working.

All original contracts are kept with the Hiring Department.