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The anti-discrimination provision of the Immigration and Nationality Act (INA) prohibits unfair documentary practices during the employment eligibility verification (Form I-9) process. In general, employers may not request more or different documents than are required to establish a worker's identity and eligibility to work in the United States or reject documents that appear to be reasonably genuine upon their face. They must accept all documents that are sufficient to complete the form as long as they appear reasonably genuine on their face and relate to the employee. For example, all individuals who possess a driver's license and unrestricted Social Security card may present those documents to satisfy Form I-9 requirements. Similarly, employers may not require aliens to produce "green cards" or United States citizens who appear "foreign" to produce birth certificates. Instead, it is the employee's choice which of the acceptable Form I-9 documents to present.

For further information on the employment eligibility verification (Form I-9) process, visit I-9 Central at: www.uscis.gov/I-9Central.

An anti-discrimination notice and OSC's contact information is listed on both the Form I-9 and its Instructions, and the United States Citizenship and Immigration Service’s (USCIS) Handbook for Employers: Instructions for Completing Form I-9 (M-274).

Employers and workers are encouraged to call OSC’s hotlines, listed below, with questions about discrimination during the employment eligibility verification (Form I-9) process.

Worker Hotline: 1-800-255-7688
Employer Hotline: 1-800-255-8155
Teletypewriter (TTY): 202-616-5525 & 1-800-237-2515

Below are descriptions and links to guidance regarding additional issues that may arise during the employment eligibility verification process.

E-Verify is an electronic employment eligibility program administered by DHS and the Social Security Administration (SSA). Contact information for OSC is included in E-Verify materials for workers who believe they have suffered discrimination based on their national origin or citizenship status during the E-Verify process. OSC cooperates with DHS and SSA in educating employers and workers about the E-Verify process and the rights and responsibilities of workers and employers during the process.

To learn more about using E-Verify properly, visit USCIS's E-Verify website: www.uscis.gov/e-verify.

FOR WORKERS FOR EMPLOYERS
VIDEOS DEMONSTRATING THE E-VERIFY PROCESS

The Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services, in collaboration with DHS’s Office for Civil Rights and Civil Liberties, has released two videos about the E-Verify process aimed at employers and employees. “Know Your Rights: Employee Rights and Responsibilities”, aimed at employees and “Understanding E-Verify: Employer Responsibilities and Worker Rights,” aimed at employers.

To view both videos, click here.

To view “Know Your Rights: Employee Rights and Responsibilities” in Spanish, click here.

For more information about these videos, visit E-Verify's web site.

OSC SSN No-Match and SSN Guidance:

  1. OSC Name and Social Security Number (SSN) "No-Match" Information for Employees (also in Spanish)
  2. Frequently Asked Questions About Name/Social Security Number "No-Matches"
  3. OSC Technical Assistance Letters
    1. Social Security No Match
      1. October 14, 2011 (whether employer may re-verify employee's work authorization when a discrepancy between employee's name and Social Security number arises)
      2. October 26, 2011 (what actions employers must take when employee's Social Security card, originally thought to be valid, later appears fraudulent)
      3. July 1, 2011 (permissible employer action if employee is not able to resolve Social Security Number no-match within a reasonable period of time)
      4. April 27, 2011 (question about OSC's "no-match" guidance and permissible employer action when employee with no-match provides new Social Security number)
      5. March 25, 2010 (state agency notification to employer of Social Security number mismatch for employee)
      6. March 3, 2010 (city and county notification to employer of Social Security number mismatch for employees)
      7. November 19, 2009 (employer verifying an employee's Social Security number when Worker's Compensation informs employer that employee presented false documents)
    2. Social Security Number Verification Service
      1. August 29, 2011 (whether Social Security Number Verification Service (SSNVS) can be used to verify employment eligibility)
      2. June 10, 2010 (use of SSNVS to verify Social Security number)

    SSA Guidance

    1. FAQ: Legal requirements to provide your Social Security Number
      Click here to view.
    2. FAQ: Restrictions on using SSNVS
      Click here to view.
    3. SSNVS Overview
      Click here to view.
    4. SSNVS Handbook
      Click here to view.

    IRS Guidance

    1. Geneeral information about recording and verifying employees' Social Security numbers
      Click here to view.

    Links to Relevant Regulations

    1. Law governing employee options in providing employers a Social Security Number (26 C.F.R. ยง 31.6011(b)-2(b)(1))
      Click here to view.
    2. Law governing the use of SSNVS (69 Fed. Reg. 71863-01,71865 (Dec. 10, 2004))
      Click here to view.

     

    Worker Hotline: 1-800-255-7688
    Employer Hotline: 1-800-255-8155
    Teletypewriter (TTY): 202-616-5525 & 1-800-237-2515

 

 

General Information Office of Special Counsel for Immigration-related Unfair Employment Practices
 
Leadership
(currently vacant)
Special Counsel
Alberto Ruisanchez
Acting Deputy Special Counsel
Contact
Office of Special Counsel for Immigration-Related Unfair Employment Practices
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
OSC, NYA 9000
Washington, D.C. 20530
(202) 616-5594
Worker Hotline: 1-800-255-7688
Employer Hotline: 1-800-255-8155
Teletypewriter (TTY) (202) 616-5525 & 1-800-237-2515
Fax: (202) 616-5509
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