OSC TELEPHONE INTERVENTIONS
OSC Interventions: Citizenship Status
Fiscal year covers the period of October 1 thru September 30
Fiscal Year 2013
St. Cloud, MN
On October 4, 2012, OSC completed a successful telephone intervention to allow an LPR to continue the hiring process for a retail store. The employer had rejected the worker's driver's license and Social Security card as proof of work authorization and insisted on seeing the worker's Permanent Resident Card because she had marked her status in Section 1 of the I-9 form as an LPR. OSC spoke with an HR representative and explained that a combination of an unexpired List B document with a List C document was sufficient documentation for the I-9 process. The employer stated that worker would be allowed to continue with the hiring process.
On November 14, 2012, OSC saved the job of an LPR. The worker had recently arrived from the Dominican Republic, and had a I-551 stamp on his passport, indicating that he is an LPR and allowing him to work for one year until he receives his Permanent Resident Card. The employer, a food processor, demanded that the worker present his Permanent Resident Card and his unrestricted Social Security card in order to verify his eligibility for employment authorization. OSC contacted the employer's human resource manager, and explained that the worker's I-551 stamp on his Dominican passport was a valid List A document for I-9 purposes. The employer further agreed that the worker should not have been required to provide his Social Security card as the I-551 stamp was sufficient for I-9 purposes. The employer was grateful for OSC's guidance, and hired the employee.
San Diego, CA
On December 7, 2012, OSC completed a successful telephone intervention and allowed a U.S. citizen to continue with the job application process. The applicant, a dual citizen, applied for a job with a subcontractor of the U.S. Navy. Due to some background check guidelines from the Navy for individuals with dual citizenship, the employer told the applicant that she could not continue with the application process because of her dual citizenship. The applicant called OSC; in turn OSC contacted the subcontractor, and the subcontractor determined that it was misinterpreting the guidelines. Consequently, the subcontractor revised its hiring process for dual citizens and allowed the applicant to continue the application process.
On December 11, 2012, OSC completed a successful telephone intervention and saved the job of a U.S. citizen. The worker, a recently naturalized citizen from Kenya applied for work at a staffing agency but was denied employment because of a problem with his background check. The worker called OSC; in turn, OSC contacted the manager at the staffing agency's headquarters to inquire about the issue related to the worker's background check. The manager realized that the issue had been resolved but the information had not been sent to the hiring site. The manager stated that the worker could return to the hiring site for job placement.
Fiscal Year 2012
On September 5, 2012, OSC intervened to save the job of an LPR. The employee had been working for a major healthcare company for several years when the employer advised the worker that his I-551
(Permanent Resident Card) had just expired. The employer then suspended the worker until he could present a new unexpired Permanent Resident Card. The employee contacted OSC, and an OSC staff
member called the Human Resources Director's office. The OSC staff member discussed the reverification process, and explained that a Permanent Resident Card does not need to be reverified. Human
Resources representative allowed the employee to return to work immediately and paid him $1,106.49 in lost wages.
On September 7, 2012, OSC completed a successful telephone intervention and helped an LPR to be classified as a California resident eligible to pay in-state tuition. The admissions office advised the LPR that he would be charged out-of-state fees because, as the bearer of an expired Permanent Resident Card, he was "basically undocumented." OSC called the dean of admissions and explained that LPRs are authorized to live and work in the United States indefinitely, and that they do not lose their legal status when their Permanent Resident Cards expire. The dean of students decided to classify the student as a California resident eligible to pay in-state tuition, which costs approximately half of the costs of out-of-state tuition.
On September 21, 2012, OSC completed a successful telephone intervention and saved the job of a U.S. citizen. The employer, a manufacturing company, insisted on reverifying the worker's Permanent
Resident Card which had expired recently. The worker had been working for the employer for several years and was recently naturalized. When the worker presented his naturalization certificate, the
HR representative maintained that he needed to present an unexpired Permanent Resident Card because the naturalization certificate was not part of the I-9 List of Acceptable Documents. The worker
called OSC's hotline. OSC called the HR department, explained that an expired Permanent Resident Card must not be reverified and that a naturalization certificate is an acceptable document under List
C; however it was not needed for this case. The HR representative stated that the employer would take no further action against the worker.
Fiscal Year 2011
On May 27, 2011, OSC completed a successful telephone intervention and saved the job of a lawful permanent resident from the Philippines. The worker had accepted a part-time job as a registered nurse with the Sheriff’s office, but during the I-9 employment eligibility verification process she was told she could not be hired because she is not a U.S. citizen. OSC called the Sheriff’s office and requested that it provide OSC with the reference to any law or ordinance that would require nurses working for the Sheriff’s office to be U.S. citizens. (Such a law would exempt the Sheriff’s office from the anti-discrimination provision of the INA, and allow it to have a citizen-only hiring policy). The Sheriff’s office realized that although Sheriff’s deputies and some other officers must be U.S. citizens, there is not a citizenship requirement for nursing positions. The Sheriff’s office then decided to continue the hiring process.