OSC TELEPHONE INTERVENTIONS

OSC interventions:  Other I-9 and Document Issues

Fiscal year covers the period of October 1 thru September 30

Fiscal Year 2013

Orlando, FL

On October 3, 2012, OSC successfully intervened to save the job of a U.S. citizen. The employee presented an unexpired driver's license and a Social Security card upon completing the Form I-9. The employer retained copies of the worker's I-9 documents. After six months on the job, an HR Representative learned through another employee that the worker was born in Canada. This prompted the HR staff to ask the worker for proof that she is a U.S. citizen as indicated on the I-9 Form. The worker contacted OSC's hotline. OSC called the HR Representative and explained proper I-9 procedures. The employer accepted the explanation and asked the worker to resume her duties immediately.

San Antonio, TX

On October 4, 2012, OSC completed a successful telephone intervention and saved the job of a U.S. citizen. The worker had completed an I-9 Form at the time of hire at which time he produced his valid driver's license and his original birth certificate. The employer requested that the worker complete a new I-9 Form six months after hire and that he also produce his Social Security Card. When the worker protested, the employer threatened to remove him from the work schedule until he produced the requested document. OSC called the employer and spoke with the vice president of the company, who explained he was new on the job and had decided that an I-9 audit should be completed. During the audit, he noticed that the worker provided his Social Security number in Section 1 of the I-9 Form, but that he did not actually produce the Social Security card to demonstrate that the number he provided belongs to him. OSC educated the vice president on the proper employment eligibility verification process, including explaining that additional documents were not needed in this case, and explained what constitutes document abuse. OSC also provided the employer with OSC's employer hotline number for future inquiries. The employer decided that no employee who successfully completed the I-9 would have to complete a new I-9 or produce additional documents.

Cleveland, OH

On October 16, 2012, OSC intervened to save the job of an LPR. The worker had been working for a manufacturing company for several years. The company changed ownership and asked all employees to complete new I-9 forms. The new employer asked to see the worker's Permanent Resident Card (Form I-551) after he had presented an unexpired driver's license and Social Security card. The worker's I-551 had expired; as a result the employer told the worker that he could not continue his employment until he could present a document from DHS stating that he was eligible to work. The worker contacted OSC, which called the HR director's office and discussed proper I-9 procedures, including not requesting additional documents beyond those that satisfy I-9 requirements. The HR personnel accepted the explanation and stated that the worker will be reinstated immediately and paid lost wages.

Salt Lake City, UT

On October 16, 2012, OSC completed a hotline intervention assisting an LPR in starting her new job for a retail establishment. The new worker presented a driver's license and Social Security card for Form I-9 purposes, but the employer also asked to see her Permanent Resident Card, which had expired. The employer stopped the Form I-9 and E-Verify process at this juncture. OSC intervened and explained to the employer that the two documents first presented by the worker were sufficient for the employment eligibility verification process and that a start date should not be delayed. The company brought back the worker and completed the Form I-9 process, resulting in the worker retaining her job.

Miami, FL

On October 22, 2012, OSC saved the job of a U.S. citizen worker. The employer, a county government, rejected the worker's driver's license and her Social Security card because the name on the Social Security card and driver's license did not match. The worker related that she had recently married and used her married name on her driver's license, but her Social Security card still showed her maiden name because she had not notified SSA of the change in her marital status. Although the employer could have accepted the worker's documents based on the explanation, OSC informed the worker that she could present another document from List B that showed her maiden name, as it appears on her Social Security card, if she had one. OSC also contacted the employer to discuss acceptable I-9 procedures. The worker presented a valid student identification card that matched the name on her Social Security card. The employer was grateful for OSC's guidance and hired the worker.

Greenville, SC

On October 22, 2012, an OSC staffer successfully completed a telephone intervention which resulted in a U.S. citizen being rehired. When the individual was initially hired by a health care facility, she produced a driver's license and Social Security card for the employment eligibility verification process. The employer rejected the Social Security card because it did not have the worker's second last name on it. The individual subsequently offered a U.S. passport that contained both of her last names, but the employer rejected the passport and requested that the individual change the name on her Social Security card. The individual changed her Social Security card, but the health care facility decided to rescind the job offer. After the OSC staffer spoke to the company's counsel, the health care facility agreed to rehire the individual.

Tallahassee, FL

On November 27, 2012, OSC performed an intervention on behalf of an employee in a state legislature. The employee's supervisor called OSC because the employee was a lawful permanent resident whose green card expired and the legislature's general counsel was not allowing the employee to return from maternity leave until she could show a new green card. OSC called the general counsel and explained that Permanent Resident Cards should not be reverified and directed the general counsel to the M-274 Handbook for Employers published by USCIS. The general counsel stated that the employee will be allowed to resume her position after maternity leave without presenting a new employment authorization document.

Baltimore, MD

On November 28, 2012, OSC performed an intervention with a state job placement agency regarding its impermissible request for List A Form I-9 documents with expiration dates less than two years from the date of the job application. OSC had received a complaint from a refugee service provider and called the state agency. The state agency official explained that he believed that List A documents indicated the expiring work authorization of non-U.S. citizens and that they would not be employable after the cards expired. OSC explained that employers cannot 1) require List A documents from individuals based on citizenship status, and 2) an individual's DHS document does not necessarily reflect the length of work authorization. OSC directed the agency to the M-274 Handbook for Employers published by USCIS and to the hotline. The state agency official assured OSC that he would immediately inform his staff to change its practices and that individuals would no longer be screened for certain documentation.

Arlington, TX

On December 4, 2012 OSC completed a successful telephone intervention to save the job of a U.S. Citizen. The worker had applied for work at a staffing agency but was denied employment because of a problem she had with immigration in 1988. The worker called OSC; in turn, OSC contacted the manager from the staffing agency and discussed the issue on the worker's background check. The manager realized that the issue with immigration back in 1988 was already resolved since the worker had since obtained her Permanent Resident Card and subsequently her citizenship. The manager stated that they will place her at a job as soon as the worker could begin work.

Dallas, TX

On December 6, 2012, OSC completed a successful telephone intervention and saved the job of an LPR. The LPR had been working for several years for the same retail company; however, recently the HR specialist requested an updated Permanent Resident Card (I-551) from the worker since the one on file had expired. The worker called OSC; in turn, OSC contacted the HR manager and explained that the I-551 should not be reverified, and directed the HR manager to the USCIS Handbook for Employers (M-274). The LPR was allowed to continue working without showing a new Permanent Resident Card.

Charlotte, NC

On December 13, 2012, OSC completed a successful telephone intervention to save the job of an LPR. The LPR applied for a job but his Permanent Resident Card (I-551) had expired a few months before and he had received an I-797, Notice of Action indicating that the card was valid for an additional year. The employer was not convinced that this was an acceptable work authorized document. The worker called OSC; in turn, OSC contacted the HR manager and explained that the I-797, Notice of Action indicating the one year extension in conjunction with the expired I-551 is an acceptable List C document evidencing employment for one year. The HR manager accepted the explanation and allowed the worker to begin employment.

Dallas, TX

On December 17, 2012, OSC saved the job of an LPR. The worker had an expired conditional Permanent Resident Card, but he had received a one-year extension document (I-797). The worker also has a restricted Social Security card. His employer, a large check cashing company, suspended him from work because he could not produce an unexpired Permanent Resident Card. OSC informed the worker that he could present his expired Permanent Resident Card and the I-797 document, as they constituted a List C document for Form I-9 purposes, but needed to also present a List B document. The worker reported not having any type of photo identification, apart from his Indian Passport. OSC suggested that he obtain a state identification card, which he did that same day. OSC contacted the employer's human resource manager, and explained that the worker's expired Permanent Resident Card and his I-797 document, coupled with his newly-issued state identification card, were valid List B and C documents for Form I-9 purposes. The employer was grateful for OSC's guidance, and the employee returned to work that day.

Orlando, FL

On December 26, 2012, OSC intervened to save the job of a Registered Nurse with an F-1 visa. OSC received a call from the worker who had applied for a job and received the job offer at a major hospital. The worker presented her unexpired Employment Authorization Document (EAD) at the time that she filled out the I-9 form. The employer was not sure about the employment eligibility of the worker since she had already finished her college degree. OSC contacted the employer and explained that the worker was under a one year extension approved by USCIS; therefore, she was authorized to work until the expiration date on her EAD. The employer accepted the explanation and allowed the worker to begin her employment immediately.

Los Alamos, NM

On January 2, 2013, OSC completed a successful telephone intervention to save the job of a U.S. Citizen. The worker applied for a job and was offered the position. At the time of filling out the I-9, he presented his unexpired U.S. passport. However, the HR specialist insisted on seeing his Social Security card for I-9 purposes. The worker called OSC, and OSC in turn spoke with an HR specialist and the HR director, referencing the manual for employers (M-274). The HR director accepted the explanation and allowed the worker to begin work immediately.

Honolulu, HI

On January 11, 2013, OSC saved the job of an LPR. OSC fielded a call from an attorney representing a restaurant in Honolulu that had recently suspended an employee after re-verification of the employee's employment eligibility authorization. The attorney related that the employee was an LPR whose green card had recently expired. OSC informed the attorney that USCIS guidance directs employers to not re-verify Permanent Resident Cards. The attorney was thankful for the guidance and related that she would instruct her client to immediately re-instate the LPR and provide back pay.

Iselin, NJ

On January 29, 2013, OSC intervened to save the job of an L-2 visa holder. OSC received a call from the worker, who had just been hired but was told that there was a problem with her EAD. It appeared that USCIS had made an error on the EAD by misspelling her last name, thus the employer was skeptical about allowing her to remain on the job. In addition, when the employer processed her through E-Verify, it resulted in a TNC. OSC contacted the employer and discussed the worker's EAD. The employer stated that the EAD appeared on its face to be genuine and to relate to the person presenting it. OSC explained that the worker must be given the allowed time to resolve to the TNC. The employer stated that worker would remain on the job pending resolution of the TNC.

Brentwood, NY

On January 30, 2013, a worker called OSC for assistance when she attempted to be return to her employer after a month-long absence but was unable to be rehired because she had lost her EAD and had no other valid documentation to satisfy the requirements of the Form I-9. The OSC attorney informed the employer that when rehiring a recently employed employee, the company is permitted to rely on the employee's existing Form I-9 on file to the extent it indicates continued employment authorization. The employer agreed the employee's return to the company constituted a rehire and would not require additional documentation.

Honolulu, HI

On February 8, 2013, OSC successfully completed a telephone intervention allowing an individual to return to work after being suspended for failing to provide his employer an Alien number. As a citizen of a Compact of Free Association country (in this case the Federated States of Micronesia), the employee is allowed by treaty to enter and work in the United States using the Admission number appearing on his DHS I-94 (Arrival/Departure Form), and thus did not have an Alien number to give his employee. The employer took the employee off its work schedule pending the submission of an Alien number. The Honolulu District Office of USCIS referred the employee's request for assistance to OSC for action. OSC contacted the employer, advised of the reason for the employee's inability to provide an Alien number, provided a summary of the right of COFA citizens to work in the United States, and identified the types of documents COFA citizens might provide to document their work authority. Based on OSC's contact, the employee was returned to work.

West Haven, CT

On February 13, 2013, OSC gave an employer guidance that saved the job of an LPR. The employee had presented a Permanent Resident Card upon hire. When it expired, the employer told the worker that she needed to present a new card or she would have to be terminated. The employer called OSC's hotline on the same day it notified the worker of the expired card to ask how the worker's I-9 Form should be updated to reflect a suspension. OSC informed the employer that the worker's Permanent Resident Card should not be reverified. The employer decided not to suspend or terminate the worker (who at this point had not lost any wages), and stated that it would download a copy of the M-274 Employer Handbook so that it could learn more about the Form I-9 and reverification.

Brooklyn, NY

On February 20, 2013, OSC completed a successful telephone intervention to save the job of an LPR. The individual had been working for a few years when the employer's HR specialist requested an updated Permanent Resident Card (I-551) from the worker when the one he had originally presented expired. The worker called OSC; in turn, OSC contacted the HR manager and explained that the I-551 should not be reverified, referring the HR manager to the Handbook for Employers (M-274), page 13. The employer stated that worker will be allowed to remain on the job without the need for reverification.

St. Paul, MN

On February 25, 2013, OSC completed a successful telephone intervention to save the job of a U.S. Citizen. The U.S. Citizen presented his U.S. naturalization certificate and a valid driver's license for the Form I-9. However, an HR representative did not accept the naturalization certificate as it was not listed as part of the acceptable List C documents on Form I-9. The worker called OSC; in turn, OSC contacted the HR representative and explained that the naturalization certificate is an acceptable List C document, referring the employer to the USCIS I-9 Central website. The employer accepted the explanation and stated that worker would be allowed to begin work immediately.

Longmont, CO

On February 26, 2013, OSC completed a successful telephone intervention to save the job of a U.S. Citizen. The U.S. Citizen was hired for a job and submitted an unexpired driver's license and a receipt for a replacement of a lost U.S. birth certificate during completion of the Form I-9. However, the HR specialist was not certain if the receipt was an acceptable document. The worker called OSC; in turn, OSC contacted the HR specialist and explained that the receipt is an acceptable I-9 Form receipt, valid for 90 days. The employer accepted the explanation and stated that the worker would be allowed to begin work immediately.

Phoenix, AZ

On February 27, 2013, a hotline caller sought assistance from OSC regarding her Form I-9 documentation, when her employer removed her from the company's payroll due to the caller not being able to present a Social Security card. The caller had already presented state identification and a certified copy of her birth certificate, but the employer was unsure whether those documents were acceptable. An OSC attorney spoke with the employer to explain that these documents were sufficient for the Form I-9, and the employer decided to immediately place the caller back on the company's payroll.

Manchester, NH

On March 12, 2013, OSC completed a successful telephone intervention to save the job of a U.S. Citizen. The U.S. Citizen presented his U.S. passport for Form I-9 purposes. However, an HR staff member insisted that she still needed to see the worker's Social Security card. The worker called OSC; in turn, OSC contacted the HR staff member and explained that the unexpired U.S. passport is an acceptable document from List A establishing identify and work authorization, and the worker did not need to present any additional documents for Form I-9 purposes. The employer accepted the explanation and stated that worker will be allowed to begin work immediately.

Silver Spring, MD

On March 18, 2013, OSC completed a successful telephone intervention to save the job of an LPR. The LPR was asked by her employer to produce a new Permanent Resident Card because the one on file had expired. The worker explained that she had already applied for a new card but the employer insisted that he needed a new card or would have to take the worker off the work schedule until she could present the new card. The worker called OSC; in turn, OSC contacted the employer and explained that a Permanent Resident Card cannot be reverified. OSC directed the employer to the USCIS Employer Handbook as a reference. The HR director stated that the worker would be immediately reinstated and paid approximately $1,437 in lost wages.

Denver, CO

On March 19, 2013, OSC completed a successful telephone intervention to save the job of an LPR. The worker showed a valid driver's license and his Social Security card for Form I-9 purpose. However, the employer asked for the worker's Permanent Resident Card, which was expired. Consequently, the employer told the worker that he could not continue working without a valid Permanent Resident Card. The worker called OSC; in turn, OSC contacted the employer and explained that an LPR does not have to present his/her Permanent Resident Card as long as long as the worker can present a valid List B document in conjunction with a List C document, which the worker in this case had provided. The employer accepted the explanation and stated that the worker would be returned to his job immediately and paid $126 in lost wages.

Seattle, WA

On March 20, 2013, OSC saved the job of a Liberian national whose work authorization was automatically extended. The worker's employer threatened that she would be terminated if she did not present a new EAD by March 21, 2013. The OSC attorney called the employer and explained that certain individuals from Liberia have been granted an automatic extension of their work authorization and that they should not be required to show a new EAD until September 30, 2013. The OSC attorney forwarded information from USCIS describing the automatic extension, and the employer stated that it would not terminate the worker.

Arlington, TX

On March 20, 2013, OSC saved the job of a Liberian national whose work authorization was automatically extended. The worker's employer threatened that he would be terminated if he did not present a new EAD by March 21, 2013. The OSC attorney called the employer and explained that certain individuals from Liberia have been granted an automatic extension of their work authorization and that they should not be required to show a new EAD until September 30, 2013. The OSC attorney forwarded information from USCIS describing the automatic extension, and the employer stated that it would not terminate the worker.

Waycross, GA

On March 21, 2013 an OSC attorney assisted a work-authorized individual in getting back his job after his employer, a manufacturer. The employer terminated the worker when he came forward to correct his employee information after obtaining work authorization. The employer did not believe it was permitted to continue to employ the worker. OSC contacted the employer and shared guidance from the revised M-274 on steps an employer can take when employee information changes under these circumstances and the employer reinstated the worker right away.

Brownsville, TX

On March 21, 2013, OSC completed a successful telephone intervention and saved the job of an LPR, who works for a public utility. The worker sent an email to OSC's website; OSC called the worker and asked if he would like OSC to intervene on his behalf. When OSC contacted the employer, the HR representative said that since the employee's permanent resident card was expiring that it needed to be renewed or the worker would be fired. OSC informed the employer that permanent resident cards should never be re-verified and provided information from the Handbook for Employers (M-274). After receiving this information, the employer agreed that the worker should be allowed to continue his employment.

Arlington, TX

On March 26, 2013 OSC saved the job of a Liberian national whose work authorization was automatically extended. The worker's employer threatened that he would be terminated if he did not present a new EAD by March 21, 2013. The OSC attorney called the employer and explained that certain individuals from Liberia have been granted an automatic extension of their work authorization and that they should not be required to show a new EAD until September 30, 2013. The OSC attorney forwarded information from USCIS describing the automatic extension, and the employer stated that it would not terminate the worker.

Covina, CA

On March 27, 2013 OSC completed a successful telephone intervention to save the job of an LPR. The LPR applied for a job but his Permanent Resident Card (I-551) had expired a few months ago and she had received an I-797, Notice of Action indicating that the card was valid for an additional year. The employer did not accept the I-797 as authorization for work. The worker called OSC; in turn, OSC contacted the HR manager and explained that the I-797, Notice of Action indicating the one year extension in conjunction with the expired I-551 was an acceptable List C document showing valid for one year. The HR manager accepted the explanation and allowed worker to begin employment.

Brooklyn, NY

On March 27, 2013, OSC completed a successful telephone intervention to save the job of an LPR. The LPR was asked by her employer to produce a new Permanent Resident Card because the one on file had expired. The employer advised the worker that she needed to put an unexpired card on file, otherwise she would have to be taken off the work schedule until she could present the new card, consequently the worker was taken off the work schedule. The worker called OSC; in turn, OSC contacted the employer and explained that a Permanent Resident Card does not need be reverified. OSC provided the M-274 as a reference. The HR director accepted the explanation and stated that employee would be immediately reinstated and paid approximately $710.00 in back pay.

Fiscal Year 2012

Charlotte, NC

On October 11, 2011, OSC ensured a naturalized U.S. citizen would be hired by a trucking company that was insisting that the worker present a Social Security card for the Form I-9. The employer told the worker that she was required to show a Social Security card for the Form I-9, and would not accept her U.S. passport instead. OSC contacted the employer and explained that it may not require a specific document for the Form I-9. The employer reached out to the particular recruiter who was insisting on the Social Security card to educate her and then reached out to the caller to let her know she was not required to show her Social Security card for the Form I-9 and that there would be no delay in starting her job. The worker ultimately chose to accept a position with a different company, based on the unfair document request.

Jacksonville, NC

On October 12, 2011, OSC completed a successful intervention and saved the job of a recent LPR from Canada. The employee was offered employment contingent on her passing a background check. The background report software was unable to confirm her Social Security number because it was newly issued. The employer automatically rejects employees whose numbers are not confirmed by the background report, even though the background report states "this number either has not been issued, or was issued after June, 2011". (SSA began a new method of issuing card numbers in June 2011). OSC contacted the background report provider and the employer to explain that a policy of rejecting employees with newly issued Social Security numbers could lead to the improper failure to hire noncitizens who are protected from citizenship status discrimination. The employer decided to hire the worker, and the background check provider decided to notify its clients that the new numbers cannot be verified. The background check provider is also considering paying for direct access to SSA records through the Social Security Number Verification Service.

Shelton, WA

On October 18, 2011, OSC completed a telephone intervention to save the job of an LPR. The employee had been working as a security supervisor at a casino for several years, however, in May 2011, the employer advised the worker that his Permanent Resident Card was about to expire and fired him when he not could produce a new unexpired card. An OSC staff member called the HR director and discussed the reverification process, explaining that a Permanent Resident Card must not be reverified. The HR director accepted the explanation when directed to The Handbook for Employers (M-274). She allowed the employee to return to work in his previous position and agreed to pay him more than $7,500 in lost wages.

Elgin, IL

On October 18, 2011, a worker called OSC to complain that his employer had suspended him when his permanent resident card ("PRC") expired and forced him to use vacation time until he was able to present a renewed card. The employer had inappropriately re-verified the worker's previous PRC and also refused to accept his foreign passport with I-551 stamp as evidence of his work authorization. OSC called the employer and the HR director immediately agreed to reinstate the employee as well as reinstate his missed vacation days.

Indianapolis, IN

On October 20, 2011, OSC successfully intervened to save the job of a U.S. Citizen. The worker presented an unexpired U.S. passport upon filling out the I-9 form and began working. The employer submitted a query to E-Verify for the worker, which resulted in a SSA TNC. The employer fired the worker upon receipt of the TNC, and told her that she needed to get the TNC resolved before she could be re-hired. The worker contacted OSC, and OSC then contacted the employer and reviewed proper E-Verify procedures. The worker was reinstated immediately and allowed to resolve the TNC.

Hayward, CA

On November 2, 2011, OSC successfully completed a hotline intervention, ensuring that an LPR was rehired. The employee contacted OSC to report that the employer insisted that he present a Permanent Resident Card, which was expired, and would not accept his California driver's license and unrestricted Social Security card in the Form I-9 process. OSC explained to the employer, who believed a Permanent Resident Card was necessary because the company uses E-Verify, that the law requires him to accept valid Form I-9 documents and that E-Verify does not require him to request specific documents from new hires. The employer agreed to accept the worker's driver's license and unrestricted Social Security card, and rehired the worker after E-Verify confirmed the worker as employment authorized.

New York, NY

On November 4, 2011, OSC successfully completed a hotline intervention, ensuring that an LPR was hired. The caller, a registered nurse, presented an expired temporary lawful permanent resident card with a letter from DHS extending the card's validity for an additional year. The worker called OSC because the hospital HR department rejected the letter. Following a call to the hospital HR department, it was determined that the hospital rejected the letter because it was a photocopy. Calls to the worker revealed that the original letter was in the possession of the worker's immigration attorney. With assurances from the employer that the original letter would be accepted, the worker secured the original letter from her attorney and successfully completed the employment eligibility verification process.

Dallas, TX

On November 8, 2011, OSC successfully completed a telephone intervention and saved the job of a conditional permanent resident, originally from Ethiopia. The worker has applied to remove the conditions on his residency, but has not yet received the notice stating that his Permanent Resident Card, which expired in August, has been extended for one year. When he began working at a gas station, the worker presented his expired card, along with his unrestricted Social Security card and Texas driver's license. The corporate human resources representative told the store manager to suspend the worker until he could produce a current document from USCIS. OSC called the employer to advise that it could constitute document abuse to require a non-citizen to present a current DHS document, when he or she has presented adequate proof of identity and employment authorization. The worker immediately returned to his job.

Durham, NC

On November 10, 2011, an OSC staffer successfully completed a telephone intervention allowing a U.S. citizen to receive payment for services rendered as a security guard for Durham Public Schools. The U.S. citizen presented an unexpired U.S. passport during the employment eligibility verification (form I-9) process. This document alone is sufficient to prove both identity and employment eligibility for the I-9 form. The employer, however, rejected the U.S. passport and refused to complete the I-9 form or pay the worker until he presented a Social Security card and driver's license. The OSC staffer educated the employer, through its counsel, that the U.S. passport was sufficient documentation for the I-9 form and that an employer should not request more or different documents than required.

Bothell, WA

On November 16, 2011, OSC completed a successful telephone intervention, educated an employer on citizenship status discrimination, and obtained payment of wages for the caller. The caller, a registered nurse originally from China, has an EAD pursuant to her Optional Practical Training status. After she agreed to administer flu shots at an insurance company's seasonal flu clinic to be held on November 7, 2011, the RN staffing agency told her she could not work because she is not a U.S. citizen. The staffing agency, located in Rhode Island, stated the citizenship requirement was imposed by the insurance company, but the insurance company stated it had no such requirement. The staffing agency then discovered the person responsible for the error, agreed to remove the language from future job orders, and decided to pay the nurse for the five hours she would have worked.

Los Angeles, CA

On December 19, 2011, OSC learned that a previous hotline intervention resulted in an LPR receiving over $11,000 in back benefits. An advocate at a legal aid organization who attended an OSC outreach presentation a few months earlier contacted the OSC attorney on November 14, 2011. The advocate explained that one of his clients had been erroneously denied benefits from the state Employment Development Department (EDD). A subsequent hearing before an EDD Administrative Law Judge confirmed the erroneous denial of benefits. The OSC attorney exchanged numerous phone calls and e-mails with the EDD's general counsel and the worker, resulting in a reversal of the EDD decision. The back benefits were then awarded.

Erlanger, KY

On January 3, 2012, OSC completed a successful telephone intervention and saved the job of a naturalized U.S. citizen who recently began working as a nurse in a pediatric medical day treatment facility. After working several days, the worker was told she needed to present a current document from DHS because her Social Security card has the legend "valid for work only with DHS authorization." When the worker offered to provide her U.S. passport, the human resources director told her a passport would not be valid in her case because the Social Security card states she needs DHS authorization. OSC explained to the employer that the worker has the right to choose which documents to present for completion of the I-9 form, and the employer decided to accept the U.S. passport.

Sacramento, CA

On January 4, 2012, OSC saved the job of a LPR whose employer terminated her. The worker possessed a Resident Alien Card (Form I-551 issued prior to the version in existence today) without an expiration date, and the employer refused to accept it for I-9 purposes. The worker was unable to provide other documentation and was terminated. After explaining to the employer that Resident Alien Cards without expiration dates are still valid, the employer rehired the worker and gave her full back pay ($306) for the week the worker was not allowed on the job.

New York, NY

On January 6, 2012, OSC completed a successful telephone intervention and saved the job of a LPR originally from Montenegro. When his Permanent Resident Card expired, the worker was terminated because he was unable to produce a current Permanent Resident Card. OSC explained to the employer that LPRs do not lose their employment authorization when their cards expire and that reverifying Permanent Resident Cards could be considered document abuse. The employer immediately reinstated the worker.

Arlington, VA

On January 10, 2012, OSC saved the job of a conditional LPR whose employer terminated her because the employer was unfamiliar with the worker's conditional status. The worker possessed a Permanent Resident Card that expired in December, and the employer impermissibly reverified the worker's employment eligibility. The worker had not yet received her new card, but she did provide her employer with a Form I-797C, which is a valid List C employment authorization document. The employer terminated the worker despite the legitimacy of the documents, but after OSC's intervention, recognized its error and rehired the worker. The employer also decided to pay the worker full back pay, which totaled $1,100.

Boston, MA

On January 11, 2012, OSC completed a successful telephone intervention and saved the job of a recently naturalized U.S. citizen of Mexican origin. The worker's employer, a hotel, attempted to reverify the Permanent Resident Card he presented when he began working at the hotel. When the worker presented his naturalization certificate, the employer rejected it because it is not on the I-9 List of Acceptable Documents. OSC contacted the employer and explained that LPRs do not lose their right to work when their Permanent Resident Cards expire, and that employers who reverify Permanent Resident Cards may be committing document abuse. The employer ceased asking the worker for documentation and the worker continues in his employment.

Brooklyn, NY

On January 11, 2012, OSC saved the job of a health care worker. A LPR who works at a large hospital called OSC. When the LPR started working for the hospital he presented his Permanent Resident Card for employment eligibility verification (Form I-9) purposes. Recently, the LPR's employer attempted to reverify his employment eligibility because his card expired. An OSC attorney contacted the hospital and informed the personnel division that Permanent Resident Cards should not be reverified.

Alexandria, VA

On January 12, 2012, OSC completed a successful telephone intervention and saved the job of a conditional LPR from Jamaica who presented a receipt from USCIS showing he had applied to remove the conditions on his permanent resident status. Although the notice stated that his employment authorization was extended for one year, the employer believed it could not accept the receipt for I-9 purposes. OSC provided the employer with a link to the USCIS Handbook for Employers, which explains that the document is a valid document proving work authorization for I-9 purposes. The worker began his employment immediately.

Snellville, GA

On January 13, 2012, OSC completed a successful telephone intervention and saved the job of an LPR from Guyana who works as a hospital nurse. The hospital HR director informed the worker she would not be able to continue working because her Permanent Resident Card had expired. OSC explained to the employer that, even though a Permanent Resident Card has an expiration date, the bearer is permanently authorized to work and should not be re-verified. The employer decided to allow the worker to continue in her employment.

Altanta, GA

On January 19, 2012, OSC intervened on behalf of a Salvadoran national with conditional permanent resident status and saved her job. For the employment verification (Form I-9) process the individual presented a current driver's license and an expired Permanent Resident Card along with a Form I-797, Notice of Action indicating that the card is valid for an additional year. The employer refused to accept the documents and requested that the worker present a current Permanent Resident Card. OSC contacted the employer and explained that the combination of an expired Permanent resident Card along with a Form I-797, Notice of Action, which states that the card is valid for an additional year, is acceptable List C evidence of employment authorization for one year. At the end of the one year period, the worker should be re-verified. Furthermore, since the documents presented by the worker satisfy the requirements on the I-9 Form, rejecting them or requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to accept the document and hire the worker.

Arbordale, FL

On January 20, 2012, OSC saved the job of a naturalized U.S. citizen as the result of a successful intervention. The worker was going to be terminated from his job because his employer requested that he provide a naturalization certificate and a U.S. Passport, in addition to the documents that he had already provided for Form I-9 purposes to prove his work authorization. OSC explained to the employer that the worker's driver's license and Social Security card were sufficient to meet the requirements of Form I-9, and that requesting additional and/or specific documents from the worker might constitute unlawful document abuse. The employer was grateful for the guidance and the worker continued in his job.

Princeton, NJ

On January 24, 2012, OSC completed a telephone intervention by explaining the non-discriminatory hiring requirements of 8 U.S.C. § 1324b to a non-profit organization. The organization was under the mistaken impression that it was required to restrict hiring to U.S. citizens and LPRs, at the exclusion of other "protected individuals" such as refugees, asylees, and U.S. nationals. After speaking with OSC, the organization decided to change its hiring practices.

Paramus, NJ

On January 24, 2012, OSC completed a telephone intervention and saved the job of a Dominican LPR. The employer, a cemetery, terminated the worker when his Permanent Resident Card expired. OSC called the employer and provided him with the current copy of the USCIS Handbook for Employers, which clearly states Permanent Resident Cards should not be reverified. The worker was reinstated and paid $2,752 in back pay.

Bryan, TX

On January 25, 2012, OSC intervened on behalf of a Mexican national with LPR status and saved her job. The worker called OSC because her employer refused to accept Form 1-94/I-94A containing an unexpired temporary I-551 stamp for Form I-9 purposes. OSC contacted the employer and explained that the worker is work-authorized incident to status. Furthermore, the combination of documents the worker presented constitute an acceptable List A receipt for the Permanent Resident Card. OSC also informed the employer that requesting more or different documents might constitute unlawful document abuse. The employer agreed to accept the document and hire the worker.

Las Vegas, NV

On February, 13, 2012, an OSC investigator successfully completed a telephone intervention and allowed a Cuban parolee to receive a taxi permit. The taxi commission rejected the parolee's EAD and I-94, telling him that in addition he would need to provide a letter from DHS verifying his immigration status. OSC explained to the taxi commission representative that the parolee's EAD is valid proof of his status and that it was unlikely he would be able to receive other documents from DHS. The taxi commission does not participate in the USCIS SAVE (Systematic Alien Verification for Entitlements) program. The commission representative decided to accept the parolee's immigration documents and issue him a permit.

Salisbury, MD

On February 21, 2012, OSC completed a successful telephone intervention and saved the job of an LPR who presented a machine-readable immigrant visa with a temporary I-551 endorsement evidencing law permanent residence for one year from the date of issuance as his proof of employment eligibility. Though the visa had expired, the employer refused to accept the document despite the fact that the temporary I-551 stamp was proof of lawful permanent residency for one year from the date of issuance. The OSC attorney educated the employer and the employer decided to continue employing the worker.

Valley Stream, NY

On February 28, 2012, OSC completed a successful telephone intervention and saved the job of an LPR whose employer, a janitorial company, was impermissibly reverifying his expired Permanent Resident Card. The worker's Permanent Resident Card expired and his employer told him that he would not be allowed to continue to work until he provided an unexpired card. OSC called and explained that an employer may not reverify Permanent Resident Cards and the worker was allowed to return to work, before missing any of his scheduled days.

Richardson, TX

On March 1, 2012, an OSC attorney saved the job of an LPR. The LPR presented an expired Permanent Resident Card along with a Form I-797, Notice of Action. The employer was set to reject the documents. OSC informed the employer that this combination of documents is acceptable List C evidence of employment authorization for one year as indicated on Form I-797. The employer accepted the documents as proof of work authorization.

Minneapolis, MN

On March 12, 2012, OSC successfully completed a telephone intervention allowing a lawful permanent resident to return to work after being told he could not work until he produced an unexpired Permanent Resident Card. During orientation, the worker presented an unexpired driver's license and an unrestricted Social Security card for the Form I-9, which together are sufficient to establish an employee's identity and work eligibility. Despite this, the company demanded the worker bring an unexpired Permanent Resident Card before he was allowed to work. OSC explained to the company that the individual had produced sufficient documentation for the Form I-9 and that it should not request specific documents from employees during the employment eligibility verification process. The company reinstated the worker immediately.

Miami, FL

On March 16, 2012, OSC completed a hotline intervention, preventing an LPR from losing his job. The worker called because his employer, a hotel, had rejected his I-9 documentation and gave him until that day to provide alternative documentation. Specifically, the hotel rejected the worker's receipt for the replacement of his lost Form I-551. OSC called and explained that the receipt was good for 90 days, after which the worker would provide his original document, and directed the hotel to the M-274's discussion of receipts. The hotel agreed to accept the receipt.

The Dalles, OR

On March 16, 2012, OSC saved the job of an LPR who was re-verified by her employer. The employer demanded a new unexpired permanent resident card, which the worker did not have. OSC advised the employer that re-verifying an employee who presented a lawful permanent resident card during the hiring process is contrary to Form I-9 procedure. Although the employer insisted that company policy required a new work authorization document to be provided, OSC asked the employer to accept the worker's unrestricted social security card as proof of continued work eligibility. The employer decided to reinstate the employee.

Staten Island, NY

On March 22, 2012, OSC intervened on behalf of a Nigerian national with conditional permanent resident status and saved his job. For the I-9 Form employment eligibility verification process, the individual presented a current driver's license and an expired Permanent Resident Card along with a Form I-797, Notice of Action indicating that the card is valid for an additional year. The employer refused to accept the documents and requested that the employee present a current Permanent Resident Card. OSC contacted the employer and explained that an expired Permanent Resident Card along with a Form I-797, Notice of Action, which states that the card is valid for an additional year, is sufficient proof of employment authorization for one year as indicated on Form I-797. At the end of the one-year period, the employee should be re-verified. The OSC staff member also explained to the exmployer that requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to accept the document and hire the employee.

Burbank, CA

On March 27, 2010, OSC successfully intervened to save the job of a LPR who was told she would be terminated in April from her company if she did not provide the employer with a new Permanent Resident Card when her current card expired. The worker had applied for her new card but had not yet received it, and called OSC for assistance. OSC called the company and explained that Permanent Resident Cards are not to be reverified, and the company understood the error in its practice and agreed not to suspend or terminate the worker, or any future employees with the same issue.

Lone Tree, CO

On April 5, 2012, OSC saved the job of a worker whose employer had initially rejected valid documents establishing the worker's eligibility to work. OSC explained to the employer, a medical supplies manufacturer, that a driver's license and Certificate of U.S. Citizenship (N-560) were acceptable list B and C documents for I-9 purposes. The employer did not know that the N-560 was an acceptable list C document, and was grateful for the guidance.

Union City, NJ

On April 12, 2012, an OSC attorney saved the job of several nurses. A medical provider called OSC because it believed that it may need to terminate several of it is nurses who are LPRs because their green or I-551 cards expired. The OSC attorney informed the health care provider that green cards should not be reverified. The hospital decided that it will retain the nurses.

Alfreda, GA

On April 13, 2012, OSC successfully completed a telephone intervention allowing a LPR to return to work after being suspended for not producing a green card during the employment eligibility verification process. The LPR provided an unexpired identification card and unrestricted Social Security card as documentation of her employment eligibility during the Form I-9 process. Those documents in combination are sufficient for the Form I-9 process, but the company suspended the employee until such time that she could produce a green card. OSC explained to the company that the employee had produced sufficient documentation for the Form I-9 and that it should not request specific documents from employees during the employment eligibility verification process. The company reinstated the worker immediately and paid back pay of approximately $160.

New Orleans, LA

On April 17, 2012, OSC successfully assisted a permanent resident who was trying to apply for a job. A contractor who processes applications, refused to accept an applicant's valid foreign passport with the endorsement "Temporary I-551 Evidencing Permanent Residence for 1 Year and Employment Authorized" as an identity and employment eligibility document which is listed on its webpage as an acceptable document. Once OSC contacted the contractor, they learned that its contractor's software program did not accept temporary documents issued to non-citizens. As a result, the contractor assured that this problem would be resolved and that it would ensure all non-citizen's producing temporary evidence of their legal status are timely processed. A agent also personally called OSC's hotline caller to inform him that his document was accepted and that his application would immediately be processed.

Severn, MD

On April 17, 2012, an OSC attorney intervened to preserve the job of a lawful permanent resident. The employer, a large retail discount store, told the employee that she needed to present a permanent resident card in order to verify her Alien number. When the employee presented the card, the employer told her the card was unacceptable because it was an old version with no expiration date. When the employee presented a driver's license and social security card, the employer told her those documents were not acceptable. OSC contacted the employer and explained that it is the employee's right to choose the documents for the I-9 form, and that a permanent resident can choose to present a driver's license and social security card as a valid combination. The employer agreed to let the employee work.

Fort Worth, TX

On April 20, 2012, OSC intervened on behalf of a Mexican national with conditional permanent resident status and saved her job. For the Form I-9 employment eligibility verification process the individual presented a current driver's license and an expired Permanent Resident Card along with a Form I-797, Notice of Action indicating that the card is valid for an additional year. The employer refused to accept the documents and requested that the employee present a current Permanent Resident Card. OSC explained to the employer that an expired Permanent Resident Card along with a Form I-797, Notice of Action, which states that the card is valid for an additional year, is acceptable List C evidence of employment authorization for one year as indicated on Form I-797. At the end of the one-year period, the employee should be re-verified. OSC explained that requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to accept the document and hire the employee.

Annapolis, MD

On April 30, 2012, and OSC attorney received confirmation that an individual who had called OSC's hotline the week before had been put back to work and received back pay for the days when he was erroneously suspended. The worker is a lawful permanent resident and was suspended after his Resident Alien Card expired, even though the individual was still work-authorized. The OSC attorney contacted the employer, a fish processing plant, and explained proper reverification practices to the human resources manager. The manager stated that the worker was the first person she had ever seen who presented a Resident Alien Card, and that she had been unaware of proper reverification procedures. The OSC attorney directed the manager to the USCIS M-274 Handbook for Employers and to the USCIS I-9 Central website. The HR manager immediately rehired the worker and paid him $88 for the days that he was suspended.

Auburn, WA

On May 2, 2012, OSC saved the job of an LPR. The employer, a manufacturing company, contacted OSC to inquire whether it was legal to terminate an employee who is an LPR whose employment authorization document had expired since he was first hired two years ago. OSC informed the employer that 1) employers should not re-verify the employment authorization of LPRs; and 2) LPRs' work authorization does not expire, even if their employment authorization document has an expiration date. The employer was glad to learn that it did not need to terminate the workers, and was grateful for the guidance.

Danville, PA

On May 4, 2012, OSC intervened on behalf of an employee with conditional permanent resident status and saved her job. For the I-9 Form employment eligibility verification process the individual presented a current driver license and an expired Permanent Resident Card along with a Form I-797, Notice of Action indicating that the card is valid for an additional year. The employer hesitated to accept the documents and contacted OSC for clarification. OSC explained to the employer that the expired Permanent resident Card along with the Form I-797, Notice of Action, is acceptable evidence of employment authorization for one year as indicated on Form I-797. At the end of the one-year period, the employee should be re-verified. OSC also explained that requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to accept the document and hire the employee. In addition OSC provided the employer a direct link to the Handbook for Employers M-274.

Newark, NJ

On May 24, 2012, OSC intervened on behalf of an LPR of Mexican national origin and saved her job. The employee called OSC and informed it that the employer was requesting an updated document establishing her employment eligibility after the employee's Permanent Resident Card expired on April 2, 2012. For the initial employment eligibility verification (Form I-9) process the employee presented an unexpired Permanent Resident Card. OSC contacted the employer and explained that the employee is work authorized incident to status and that the Permanent Resident Card originally presented by the employee is a List A document that should not be re‐verified. OSC also informed the employer that requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to allow the employee to continue working.

Charlotte, NC

On May 24, 2012, OSC intervened on behalf of an LPR of Mexican national origin. The employee called OSC and informed it that a temporary staffing agency was refusing to accept her Resident Alien Card, Form I-551, (1977) for the I-9 Form employment eligibility verification process because the document is an old version and does not have an expiration date. OSC contacted the employer and explained that the employee is work-authorized incident to status and that the Resident Alien Card presented by the employee is a valid List A document and should be accepted. OSC also informed the employer that requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to accept the document and to hire the employee.

Silver Spring, MD

On May 30, 2012, OSC intervened on behalf of an LPR and saved the employee's job. The employer had requested that the employee provide a new Permanent Resident Card. OSC contacted the employer and informed the employer that Permanent Resident Cards (also known as Alien Registration Receipt cards, Forms I-551, Resident Alien Cards, Permanent Resident Cards, or "green cards") are issued to LPRs and these individuals are work-authorized incident to their status. Therefore, they have the permanent right to work. The employer continued to allow the employee to work.

Garland, TX

On May 30, 2012, OSC successfully completed a telephone intervention allowing an LPR to return to work after his employer suspended him. When the worker was hired, he produced a Permanent Resident Card for the Form I-9, Employment Eligibility Verification. When it recently expired, the company suspended the employee. OSC referred the company's Human Resources representative to the USCIS Handbook for Employers which states that Permanent Residents Cards (with or without an expiration date) should not be reverified. The company reinstated the worker immediately and paid back pay of approximately $80.

Washington, DC

On May 30, 2012, as the result of a successful telephone intervention, OSC ensured the continued employment of a Salvadoran national residing and working in the United States as an LPR. The Salvadoran's Permanent Resident Card is set to expire in early June, 2012. She is in the process of naturalizing and will therefore not receive a new Permanent Resident Card. The Salvadoran attempted to obtain her Washington, DC driver's license renewed but was refused because her Permanent Resident Card was set to expire. OSC contacted DMV counsel, and the matter was resolved with the individual receiving her DC driver's license.

Washington, IA

On June 4, 2012, OSC completed a hotline intervention, ensuring that a naturalized U.S. citizen could return to work. The caller was recently hired by a large manufacturing company and during the Form I-9 process showed a valid List B document and his naturalization certificate. The manufacturing company was not aware that a naturalization certificate is an acceptable document and rejected the document. The worker contacted OSC that same day, and OSC in turn called the company and pointed the company to USCIS guidance that a naturalization certificate is a valid List C document (OSC recently facilitated the posting of this guidance on USCIS's website). The worker returned to work immediately.

Los Angeles, CA

On June 4, 2012, OSC saved the job of a TPS recipient who was threatened with termination from his job due to the expiration of his EAD. OSC explained to the employer that the employee's work authorization was automatically extended by USCIS, and that the employer was not allowed to request other documents from the employee until the expiration of USCIS' automatic extension on September 9, 2012. The employer agreed to retain the employee.

Bull Head City, AZ

On June 11, 2012, OSC saved the job of a LPR whose employer had initially rejected valid documents establishing the worker's eligibility to work. OSC explained to the employer, an employment placement agency, that the employee could present documents of his choice from a list of acceptable documents included in the Form I-9. The employer had originally requested a specific List A document (the employee's Permanent Resident Card) from the employee, and refused to place him on a job assignment until the employee produced that document. The employer was grateful for the guidance that OSC provided on completion of the Form I-9. In addition to placing the employee on a work assignment, the employer agreed to provide four days' back pay ($320.00) to the employee.

Kenosha, WI

On June 12, 2012, OSC successfully saved the job of a LPR after his employer rejected his temporary Form I-551 receipt presented pending his petition for a replacement Form I-551. The OSC attorney explained to the employer that temporary Form I-551 is an acceptable Form I-9 List A document until the expiration date indicated. As a result, the individual was permitted to resume his scheduled work hours.

Millsboro, DE

On June 13, 2012, OSC enabled a Haitian asylee to be rehired as a result of a successful hotline intervention. As a result of outreach on the Eastern Shore of Maryland OSC received a called from a nonprofit agency requesting our assistance. The agency stated that the worker was terminated from his food processing job on April 26, 2012, because he could not present an unexpired EAD for Form I-9 reverification purposes. The worker had shown his Form I-94 with a stamp "asylum granted indefinitely." We contacted the employer to explain that asylees may present other documents, like a Form I-94, for reverification, because this document is considered a List C document. We referred the company's Human Resources representative to the USCIS Handbook for Employers for further clarification. The employee was reinstated with backpay.

Alpharetta, GA

On June 19, 2012, OSC intervened on behalf of a Russian national who is a conditional LPR and saved his job. For the I-9 Form the individual had presented a current driver's license and an expired Permanent Resident Card along with a Form I-797, Notice of Action indicating that the card is valid for an additional year. The employer initially accepted the documents but on a later date suspended the employee and requested that he present a current Permanent Resident Card. OSC explained to the employer that this combination of documents is acceptable List C evidence of employment authorization for one year as indicated on Form I-797. At the end of the one-year period, the employee should be re-verified. OSC also explained that requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to accept the documents, re-hire the employee and compensate him for the lost wages.

Newark, NJ

On June 19, 2012, OSC intervened on behalf of an LPR who is a Mexican national and saved her job. The employee called OSC and informed it that the employer had requested an updated document establishing her employment eligibility after the employee's Permanent Resident Card expired on April 2, 2012. For the initial I-9 Form the employee had presented an unexpired Permanent Resident Card. OSC contacted the employer and explained that the employee is work-authorized incident to status and that the Permanent Resident Card presented by the employee is a List A document that should not be re-verified. Also, OSC informed the employer that requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to allow the employee to continue working.

Naples, FL

On June 22, 2012, OSC saved the job of a worker, who posseses an EAD and whose employer, a manufacturing company, had threatened to terminate her if she did not produce a Social Security card for purposes of completing Form I-9. The worker, whose EAD was about to expire, had produced a new, valid EAD. The employer, however, demanded to see the worker's Social Security card, and upon noticing that the name on the Social Security card did not match the name on the EAD, threatened to terminate her. The worker explained to the employer that she was recently divorced, and that her EAD reflected her single name, but that SSA had yet to provide her with a new Social Security card reflecting her name change. OSC explained to the employer that the worker had a choice to present her EAD for purposes of completing Form I-9, and did not need to also present her Social Security card. The employer was grateful for the guidance that OSC provided on completion of the Form I-9 and decided to retain the worker.

Saint Peter, MO

On June 22, 2012, OSC saved the job of a U.S. citizen, whose employer had initially rejected valid documents establishing the worker's eligibility to work. The worker had initially presented his Social Security card as a List C document in order to complete his Form I-9. The employer, an on-line educational institution, requested a different document from the worker and refused to place him on a job assignment until the employee produced a Social Security card that did not contain the following language: "not valid for identification purposes." Social Security cards containing the language "For Social Security and Tax Purposes - Not for Identification" were issued until 1970s according to SSA's website. OSC explained to the employer that the worker could present his Social Security card as a List C document for Form I-9 purposes, even though the Social Security card contained the "not valid for identification purposes" language. OSC related to the employer that new hires can present List C documents to establish their eligibility to work, not their identity. Thus, the restriction on the Social Security card did not invalidate its use as a List C (eligibility to work) document. The employer was grateful for the guidance that OSC provided on completion of the Form I-9. In addition to hiring the worker, the employer agreed to participate in a future employer webinar.

Dallas, TX

On June 26, 2012, OSC successfully intervened to inform an employer that USCIS's Self Check could not be used to ask a former employee under consideration for rehire to run a Self Check query to prove he was now authorized to work in the United States. Although the former employee was previously not work-authorized, OSC informed the employer that since he obtained proper documents, the employer must accept them as valid for the Form I-9 Employment Eligibility Verification process as long as each document appears genuine on its face and relates to the employee presenting it. The employer agreed to continue the process.

Pompano Beach, FL

On July 3, 2012, OSC intervened on behalf of an LPR from Bolivia and saved her job. The employer called OSC and asked how to reverify the employee's Permanent Resident Card, which expired on June 14, 2012. OSC explained to the employer that the employee is work-authorized incident to status and that the Permanent Resident Card that the employee presented when initially completing an I-9 Form should not be reverified. Also, OSC informed the employer that requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to let the employee continue working.

Salem, OR

On July 6, 2012, OSC intervened on behalf of an LPR who is a Mexican national saved his job. The employee called OSC and informed it that his employer is requesting a current Resident Alien Card because the one he presented for the I-9 Form Employment Eligibility Verification process at the initial hiring is about to expire on June 9, 2012, and threatened him with suspension. OSC contacted the employer and explained that the employee is work authorized incident to status and the Resident Alien Card presented by the employee is a valid List "A" document and should not be re-verified. OSC informed the employer that requesting more or different documents might constitute unlawful document abuse discrimination. Also, OSC provided a link to the employer to the Handbook for Employers (M-274). The employer agreed to let the employee continue working.

Salt Lake City, UT

On July 13, 2012, an OSC attorney intervened to preserve the job of an LPR. The employer, a large hotel chain, rejected the employee's valid I-9 documentation on the first day of work. When the employee presented her expired Permanent Resident Card, driver's license, and I-797 notice extending her permanent resident status, the employer told her those documents were not acceptable. OSC contacted the employer and explained that it is the employee's right to choose the documents for the I-9 Form, and that the documents presented were acceptable to prove both identity and work authorization for the I-9 Form. The employer agreed to let the employee work.

Cincinnati, OH

On August 3, 2012, OSC saved the job of a worker, a U-Visa holder with work authorization. The employer, a national restaurant chain, rejected the employee's temporary work authorization card and her Social Security card, because the Social Security card was restricted. OSC informed the employer that the employee's temporary work authorization card was a List A document for I-9 Form purposes, and the employee did not need to show her Social Security card. In addition, OSC explained to the employer that despite the restriction on the Social Security card, the employee was workauthorized because she had a current, valid temporary work authorization card. The employer was grateful for OSC's guidance, re‐instated the employee with three days, and paid her $216 owed in back pay.

Maui, HI

On September 10, 2012, OSC completed a successful telephone intervention and saved the job of a native of Micronesia authorized to work under the Compact of Free Association. After the worker was offered a job with a major retail company and had already passed the background screening, she was told she could not begin working until she presented an EAD because she indicated that she is an "alien authorized to work" on her Form I-9 and provided an alien registration number (A number). Since the worker satisfied the Form I-9 documentation requirements by presenting her unrestricted Social Security card and current Hawaii driver's license, OSC called and explained to the employer that rejecting those documents based on citizenship status could be considered document abuse. The employer called the worker and invited her to begin orientation immediately.

New York, NY

On September 19, 2012, two OSC staff members assisted a work-authorized recipient of Withholding of Removal to keep her job with a nursing care facility. The worker called OSC's hotline because she had lost her unexpired EAD and was unsure of the documentation she could show her employer to satisfy the Form I-9. She was not working because the EAD on file had expired recently but she had obtained a receipt for a replacement unexpired EAD. OSC explained that the receipt for the application to replace the lost EAD was sufficient and called the employer to explain that this receipt would satisfy the Form I-9. The employer accepted the receipt and the worker returned to work.

Fiscal Year 2011

San Francisco, CA

On October 1, 2010, OSC successfully completed a telephone intervention and prevented an asylee from Russia from losing his unemployment benefits. When the California Employment Development Department (EDD) noticed that the individual's employment authorization document was issued before he gained asylee status, and that it had since expired, it canceled his unemployment benefits. OSC contacted EDD and encouraged it to verify the asylee's status with USCIS. EDD contacted USCIS and subsequently approved payment of unemployment benefits for nine weeks.

Stockton, CA

On October 4, 2010, as the result of a telephone intervention, OSC assisted a Salvadoran TPS recipient who had recently been laid off to establish his entitlement to unemployment benefits. The Unemployment Office would not process the TPS recipient's claim for benefits because his EAD had expired. We provided the worker with a copy of the Federal Register notice announcing the automatic extension of TPS for Salvadorans, and the worker presented it to the Unemployment Office. After consulting the Federal Register notice, the Unemployment Office processed the worker's unemployment claim.

Sebree, KY

On October 4, 2010, OSC enabled an asylee to be rehired as the result of a successful hotline intervention. The worker, an asylee, was dismissed from her poultry factory job in July 2010 when she could not present an unexpired EAD for Form I-9 reverification purposes. The employer insisted that the worker produce a renewed EAD before her original document expired and terminated her because her new EAD did not arrive before the old EAD expired. After we contacted the employer to explain that asylees may present other documents, like an unrestricted Social Security card, for reverification, the employee was reinstated despite a corporate policy to the contrary.

Marietta, GA

On October 20, 2010, an intervention by OSC allowed a Salvadoran TPS beneficiary to receive a driver’s license from the State of Georgia. The state uses the SAVE (Systematic Alien Verification for Entitlements) program to verify the legal status of non-citizens. When we called the attorney for the Georgia Department of Driver Services, she stated that the SAVE request was in “third level” verification, and had been in that status for several weeks, but she accessed SAVE through another means called “WEB-3.” Although WEB-3 also was not conclusive at first, by the next day the attorney called OSC to report the worker could now obtain a license. The worker drives a taxi for a living so he lost several weeks of income due to the delayed verification.

Conroe, TX

On October 21, 2010, an OSC attorney successfully intervened on behalf of a Salvadoran TPS recipient who had been denied a driver’s license. The immigrant showed the Federal Register notice announcing the automatic six-month extension of the work authorization for TPS recipients to a Texas Department of Motor Vehicles (DMV) worker, but was told it “looked fake” and that only an unexpired EAD would be sufficient for license renewal. We called the head of the DMV office, and the official confirmed that the DMV was aware of the TPS renewal and that there must have been a miscommunication with the line employees. The official promised to send out a reminder email to all staff, and then the TPS recipient was able to obtain his license.

Cartersville, GA

On October 22, 2010, as the result of a successful telephone intervention by OSC, a TPS recipient from El Salvador was able to renew his driver’s license and return to work. The Georgia Department of Driver Service (GDDS) initially refused to renew the TPS recipient’s driver’s license because his EAD bears an expiration date of September 9, 2010. We contacted the GDDS, emailed the Federal Register notice, and informed it of DHS’s automatic extension of work authorization for Salvadoran TPS beneficiaries. Consequently, the Salvadoran was able to renew his driver’s license and return to work.

San Francisco, CA

On October 22, 2010, OSC successfully completed a telephone intervention and allowed a Nepalese asylee to return to his job as a lead security agent at an airport cargo services company in an international airport. The worker’s badge, which bore a Customs and Border Patrol (CBP) seal for access to international flight areas, expired on the day the worker’s EAD expired. The badging office then refused to issue the worker a new badge based on his unrestricted Social Security card, driver’s license, and I-94 with an asylum stamp. The badging office stated that CBP would refuse to issue its seal to a non-citizen who did not have an EAD or Permanent Resident card. Without a badge to access his worksite, the worker could not perform his job, and was terminated. OSC consulted with an attorney for CBP, a city attorney that represents the airport, and badging office staff to explain asylee work authorization and the requirements of the Transportation Security Administration (TSA) airport security directive, which does not require documentation in addition to that required for I-9 employment eligibility verification. Unfortunately, the worker will not be paid for the month’s worth of work that he missed, but he did resume work on October 22, 2010.

Arvin, CA

On October 27, 2010, OSC saved the job of a Salvadoran TPS recipient as the result of a successful telephone intervention. The worker attempted to get his California driver's license renewed by presenting his EAD, but the California Department of Motor Vehicles (CDMV) refused to renew his license, which prevented him from driving to work. OSC contacted the Chief Counsel of CDMV and explained DHS’s automatic extension of TPS for Salvadoran recipients, and the matter was resolved. The CDMV subsequently renewed the TPS recipient’s driver's license and is taking steps to ensure that all its offices are aware of the automatic work authorization extension for TPS recipients.

Bloomington, MN

On October 28, 2010, OSC interceded to save the job of a LPR. The worker’s presented an expired permanent resident card for I-9 purposes, and was asked to produce an unexpired card. The worker showed his unexpired driver’s license and unrestricted Social Security card; however, he was told that these were not sufficient. We called the employer and advised that an unexpired document from List B in conjunction with an unexpired List C document are satisfactory proof of work authorization. The employer accepted the explanation and allowed employee to work.

Parlin, NJ

On November 1, 2010, as the result of a successful telephone intervention by OSC, a TPS recipient from Honduras was able to renew his driver’s license. The New Jersey Department of Motor Vehicles (DMV) initially refused to renew the TPS recipient’s driver’s license because his EAD bears an expiration date of July 5, 2010. OSC contacted the New Jersey DMV, informed counsel of DHS’s automatic extension of work authorization for Hondurans with TPS, and faxed the applicable Federal Register notice. Consequently, the individual was able to renew his driver’s license and return to work.

Pasadena, TX

On November 5, 2010, OSC helped a Salvadoran TPS beneficiary to receive a driver’s license. He called OSC after the Texas Department of Public Safety (DPS) refused to issue him a license extension until March 9, 2011, the date to which his EAD has been automatically extended. We advised the individual to return to DPS with a copy of the Federal Register notice announcing the automatic extension of EADs for Salvadoran TPS beneficiaries. When the DPS representative still refused to extend the individual’s driver’s license, we contacted DPS’s counsel, who instructed the Pasadena DPS office to issue a license extension.

Dothan, AL

On November 8, 2010, OSC successfully intervened to arrange the re-employment of an LPR by a major U.S. retailer. The individual had originally been granted permanent resident status in 2005, but, USCIS did not issue her a Permanent Resident Card (I-551). In connection with her initial hire, the LPR presented her original 2005 notice of approval and her most recent replacement receipt (received in connection with her five-year quest for a Form I-551). The retailer rejected her replacement receipt and requested that the employee produce an additional document establishing her work authority. We contacted the legal office of the retailer to explain that a replacement receipt is acceptable temporary evidence of work authorization. While we were working with the employer, the LPR also contacted USCIS to determine the status of her application for a replacement I-551 and ultimately obtained a temporary I-551 stamp in her foreign passport. The worker called OSC to advise that she had been invited back to work.

New York, NY

On November 8, 2010, OSC successfully completed a telephone intervention and saved an LPR’s job as a security guard. The LPR, originally from St. Lucia, is scheduled to be sworn in as a U.S. citizen at an upcoming naturalization oath ceremony. However, when the worker’s permanent resident expired, his employer told him he would not be able to work until he either had a new card or had taken his oath. After we contacted the employer and explained that LPRs do not lose their status when their cards expire, the employer reinstated the worker and paid him $954 in back pay.

Dalton, GA

On November 8, 2010, OSC helped a Salvadoran TPS beneficiary obtain a driver’s license after the Georgia Motor Vehicle Division (GMVD) had refused for over 60 days to issue the license. A GMVD representative gave the worker three notices (one for 5 days and two for 30 days each) indicating that the agency was awaiting a response from the DHS SAVE program. When we called counsel for the GMVD, she indicated the case has now been resolved and the worker will now be issued a license.

Edinburg, TX

On November 9, 2010, OSC successfully intervened to save the job of a work-authorized immigrant whose employer rejected her EAD and requested a letter from DHS proving her work authorization. The employer mistakenly believed that the employee’s restricted Social Security card required it to ask for a letter from DHS, and did not understand that an EAD is sufficient to prove work authorization. We explained the difference between List A, B, and C documents and referred the employer to USCIS’s M-274, Handbook for Employers. The employer’s representative stated she would accept the worker’s EAD, study the Handbook for Employers and call the OSC employer hotline should she have any questions in the future.

Escondido, CA

On November 10, 2010, OSC successfully completed a telephone intervention and allowed an LPR from Mexico to begin his employment at an apartment management company. The employer’s HR functions are managed by an outsourcing firm. That firm refused to accept the worker’s California I.D. card and unrestricted Social Security card as proof of his identity and work authorization. The employer stated that an ICE agent informed her she would not be able to run non-citizen employees through E-Verify unless they had current DHS documents, because E-Verify requires a card number as well as an alien number. We explained that all workers have the right to choose which documents to present for I-9 purposes, and it could be an unfair documentary practice (document abuse) to reject the documents this worker presented. We also walked the employer through the initial E-Verify screens so she could see that E-Verify permits permanent residents to present documents other than permanent resident cards for the I-9 form. The employer ran the worker’s information in E-Verify and now he has begun his new job.

Bayside, NY

On November 10, 2010, OSC intervened on behalf of an LPR and saved his job. For Form I-9 employment eligibility verification purposes, the individual presented a permanent resident (Form I-551) card. The LPR had worked for the employer years earlier and previously used an EAD to demonstrate work eligibility. The employer’s representative was unfamiliar with the I-551 card and called an OSC attorney who had conducted an outreach presentation months earlier. The attorney explained that the type of document presented by the worker is sufficient for form I-9 purposes, and that if the document appears on its face to be reasonably genuine and relate to the person presenting it, it should be accepted. The representative also asked whether the employer needed to reverify the LPR’s employment eligibility status after the card expires. We advised that employers should not reverify LPRs, who are work authorized incident to their status. The employer’s representative indicated that she would accept the document and permit the worker to work.

Birmingham, AL

On November 12, 2010, OSC successfully intervened with the Alabama Department of Motor Vehicles (DMV) to ensure the issuance of a driver’s license to a Salvadoran TPS beneficiary. When the worker requested a license extension in September, the deputized 287G officer was unaware of the six-month automatic extension of employment eligibility for Salvadoran TPS beneficiaries and denied the extension request. Since the worker needed to drive to keep his job, he called USCIS several times before USCIS gave him the number for OSC. We reached out to a DMV attorney to explain the extension and provided a copy of the Federal Register notice, and the worker was issued a license the same day.

Dallas, TX

On November 12, 2010, OSC completed a successful telephone intervention and saved the job of a Canadian nurse with a non-immigrant NAFTA (TN) visa. The nurse was offered employment at a medical staffing service and immediately began working. Prior to beginning the new position, she should have requested an offer letter to present to a Customs and Border Patrol official at a port of entry in order to receive a new I-94 (Record of Arrival and Departure) endorsed with the new employer’s name. Instead, she received the offer letter ten days after starting her job, and proceeded to travel to the U.S./Mexico border in order to obtain the new I-94. The employer then immediately terminated the worker based on her failure to explain her status prior to the three-day I-9 deadline. When we called counsel for the employer, he said that he advise his client to rehire the worker as soon as she received the new I-94.

Cartersville, GA

On November 12, 2010 an LPR was able to renew her driver’s license after having been initially denied. The LPR called OSC after being told that she could not renew her license because someone in a different state had a suspended license with the same name and birth date. Although it is common for people to have the same name, the OSC attorney was incredulous that the birthdates were identical and called the general counsel of the Georgia DMV to investigate. The General Counsel looked into the matter and instructed the local DMV to give the LPR her license.

Chicago, IL

On November 16, 2010, OSC successfully completed a telephone intervention which enabled a LPR to begin working at a hospital as a part-time nurse. After the worker was interviewed, she was offered the job by telephone. The human resources representative told her she would need to go to the office with her permanent resident card. The worker replied that she had not yet received her card but she had an “I-551 stamp” in her passport indicating that she is a permanent resident. The employer refused to allow the worker to begin working without her permanent resident card. We called the employer and explained that refusal to accept a valid document for I-9 purposes may constitute unlawful document abuse. We further explained that the three-month validity of the I-551 stamp does not affect the worker’s employment-authorized status, and the employer may not refuse to employ her based on the expiration date of the stamp. The employer then permitted the worker to begin working, using her passport with I-551 stamp for employment eligibility verification purposes.

Oakland, CA

On November 17, 2010, OSC helped two Salvadoran TPS beneficiaries renew their driver’s licenses after the California Department of Motor Vehicles (CADMV) refused to renew their licenses, which expired on the same date as their EADs. OSC contacted counsel for the CADMV, explained the situation, and provided the Federal Register notice explaining DHS’s automatic extension of work authorization for Salvadoran TPS recipients. Within the week, counsel informed OSC that the license renewals were being processed.

Bethesda, MD

On November 18, 2010, OSC intervened and saved the job of an LPR. During the I-9 process, the employer asked to see the worker’s permanent resident card. The worker’s card was expired, but he was expecting to receive a new one soon. Because the worker also had an unexpired driver’s license and unrestricted social security card, we informed the employer that the worker had enough documentation to establish work authorization. The employer continued employment of the worker without interruption.

Washington, DC

On November 22, 2010, OSC completed a successful telephone intervention to save the job of a U.S. citizen. The employer, a health care provider, insisted on reverifying the employee’s permanent resident card that had expired on November 3, 2010. The worker had been working for this employer for almost eight years and recently had become a naturalized citizen. When the employee presented his naturalization certificate, the HR representative maintained that he needed to present an unexpired Permanent Resident Card because the naturalization certificate was not on the I-9 lists. The worker called the OSC hotline, and we called the company’s HR department to explain that LPRs may not be reverified when their permanent resident card expires. A brief review of the M-274 was completed with the HR representative. HR stated that they would reinstate worker immediately.

Mobile, AL

On November 22, 2010, OSC completed a successful telephone intervention allowing an LPR to continue through the hiring process for a large government contractor. The employer initially refused an unexpired Form I-797 as proof of work authorization during the I-9 process because the worker’s permanent resident card had expired. We spoke with the employer and explained that the one-year extension on the I-797 should be treated as a List C document demonstrating work authorization. The employer accepted the explanation and stated that the worker will be allowed to continue with the hiring process.

Salt Lake City, UT

On November 24, 2010, OSC successfully intervened to arrange the reinstatement of two LPRs who had been improperly discharged when their employer discovered that their resident alien cards (Forms I-551) had expired. After discharging the workers, the employer contacted OSC for guidance on the propriety of its action. We advised that a resident alien card is issued to permanent residents who are not subject to Form I-9 reverification upon the expiration of the document. Based on this information, the employer decided to reinstate the workers to their former positions.

San Diego, CA

On November 29, 2010, OSC completed a successful telephone intervention and saved the job of an F-1 student visa holder. The employer, a counseling service center, questioned the documents presented by worker for Form I-9 purposes. The student’s supervisor called OSC’s hotline to learn about acceptable I-9 documents for F-1 students and decided to keep the student on the payroll.

Newark, NJ

On December 2, 2010, OSC successfully intervened to save the job of a U.S. citizen. The employer, a national entertainment agency, insisted on requesting a Social Security card for I-9 purposes, after the worker presented an unexpired U.S. passport. The worker had misplaced her Social Security card and had not applied for a replacement. The worker called OSC, who in turn contacted the employer. OSC educated the employer on the documentation process for the Form I-9, noting that the unexpired passport satisfies I-9 requirements. The employer checked with its legal counsel and then permitted the worker to remain on the job.

Brooklyn, NY

On December 8, 2010, OSC successfully completed a telephone intervention and saved the job of an LPR from Jamaica. Her employer, a home health agency, advised her that she will not be able to continue working when her permanent resident card expires unless she obtains a new card. OSC explained to the employer that permanent resident cards do not need to be reverified when they expire. The employer agreed to allow the LPR to continue working.

San Antonio, TX

On December 16, 2010, OSC intervened to save the job of an LPR. The worker was offered a job with a major software company, only to get laid off a week later because his permanent resident card had been expired at the time he was hired. However, the worker had also presented a copy of his unexpired driver’s license and unrestricted Social Security card when he was hired. We called the employer and explained that an unrestricted Social Security card and driver’s license are sufficient for I-9 purposes, regardless of the fact that the worker’s permanent resident card has expired. The employer reinstated the worker immediately.

San Diego, CA

On December 21, OSC successfully completed a hotline intervention, ensuring that a LPR will remain employed. The worker contacted OSC to report that she was asked by her employer to present an unexpired permanent resident card or face termination. We explained to the employer that the work eligibility of LPRs need not be re-verified during the course of employment provided that the card was unexpired at the time of hire. The employer agreed to withdraw its request and informed the worker that she faced no risk of termination.

Baton Rouge, LA

On December 20, 2010, an OSC successfully intervened on behalf of a Venezuelan national who is a graduate student with Optional Practical Training (OPT) work authorization. The student’s university offered him a job, but misread the OPT rules to require that the student be run through E-Verify in order to be hired. At the same time, the university was reluctant to run an E-Verify query for the student, since it does not submit E-Verify queries for anyone else in the department. We called the E-Verify hotline with the worker and received confirmation that OPT recipients have to work for employers who use E-Verify, but that the employer does not have to run those individuals through E-Verify if that is not a requirement for the particular position (i.e., if the position is not related to a federal contract). We then explained this to the university, which then agreed to allow the student to start work.

San Diego, CA

On December 21, OSC successfully completed a hotline intervention, ensuring that a LPR will remain employed. The worker contacted OSC to report that she was asked by her employer to present an unexpired permanent resident card or face termination. We explained to the employer that the work eligibility of LPRs need not be re-verified during the course of employment provided that the card was unexpired at the time of hire. The employer agreed to withdraw its request and informed the worker that she faced no risk of termination.

Norcross, GA

On December 22, 2010, an OSC completed a successful intervention, helping a TPS recipient to obtain a Georgia driver’s license. The Georgia Department of Motor Vehicles (DMV) improperly ran the individual through SAVE and erroneously notified him that he was not work authorized. The worker called the OSC’s hotline, and after numerous telephone calls and e-mails to the USCIS and the Georgia DMV general counsel, the TPS recipient was finally properly verified and given his new driver’s license.

Ojai, CA

On December 27, 2010, OSC intervened to save the job of an LPR. The worker had been employed for over eight years with the same company, but his permanent resident card had recently expired and his employer had laid him off for that reason. We called the employer, explained the reverification process, and clarified that a permanent resident card should not be reverified. The worker was reinstated immediately, and the employer stated that it will pay him $467.20 in lost wages.

Dayton, TN

On January 5, 2011, as a result of a successful OSC telephone intervention, a Mexican LPR was able to continue working for an appliance manufacturer.  The worker’s employer told her she would be terminated if she did not present a renewed permanent resident card when her current card expires on January 8, 2011.  OSC called the employer and explained that LPRs do not lose their work authorization when their permanent resident cards expire, and re-verifying the employment eligibility of an LPR may constitute an unfair documentary practice in violation of the INA.  OSC also provided the employer with the I-9 employer handbook.  The employer indicated that it would not reverify the worker and would allow her to continue working. 

Houston, TX

On January 6, 2011, OSC successfully completed a telephone intervention, saving the job of an LPR.   To comply with the employment eligibility verification (Form I-9) process, the worker presented a Form I-94 with an I-551 stamp that was issued by the U.S. Customs and Border Protection office in Houston, Texas, when the worker entered the United States upon returning from vacation in October 2010.  The Form I-94 grants the worker employment authorization until April 6, 2011, when the worker has to appear in court.  OSC contacted the employer to explain that the worker is authorized to work until the I-94 expiration date, at which time the employer will need to reverify the worker’s employment eligibility.  The employer agreed to allow the worker to return to work. 

Columbia, SC

On January 7, 2011, OSC intervened to save the job of a LPR.  The worker was offered a job with a major drugstore chain, but was later told that there was a problem with her Social Security card and that she would have to be laid off.  The worker had recently become an LPR and had obtained a new Social Security card.   OSC spoke with employer, and it was determined that the vendor who processes criminal background checks for this drugstore uses a system that automatically denies employment for those with brand new Social Security cards.  HR personnel rectified the situation and reinstated the employee immediately.  

Brooklyn, NY

On January 13, 2011, OSC successfully completed a telephone intervention on behalf of a conditional permanent resident alien whose permanent resident card (Form I-551 or “green card”) expired.  The employer refused to allow the worker to continue working until she produced the new card, and told her that she would be terminated if she did not.  OSC contacted the employer and learned that it is the employer’s policy to reverify all documents that expire.  OSC educated the employer on the I-9 process and further explained that an expiration date on the Form I-551 reflects only that the card must be renewed, not that the bearer’s work authorization has expired.  OSC further explained that the Handbook for Employers (M-274) specifically states that lawful permanent residents, including conditional permanent residents, may not have their employment eligibility reverified, nor are these employees required to produce a renewed card.  After OSC contacted the employer, the employer allowed the employee to return to work and committed to follow proper Form I-9 procedures. 

Minneapolis, MN

On March 1, 2011, OSC successfully intervened to assist an LPR, originally from Liberia, begin working in an employment training program.  The worker had not renewed his permanent resident card when it expired.  The employer informed the LPR that he could not begin working until he received a new permanent resident card.  We called the employer and explained that LPRs do not lose their work authorization when their cards expire, and she agreed to accept the worker’s unrestricted Social Security card as proof of work authorization and his state identification card as proof of his identity.   The worker began working immediately. 

Cupertino, CA

On Friday February 25, 2011, OSC successfully resolved a telephone intervention saving the job of a work authorized immigrant who was fired after two weeks on the job.  At the time of hire, she presented her interim California driver’s license and her Social Security card.  The employer was under the impression that the interim driver’s license was to be treated as a receipt and that the employee would need to produce the actual license within 90 days.  Since California’s Department of Motor Vehicles is taking up to 120 days to issue driver’s licenses, the employer made the decision to fire the employee on the week of February 7, 2011.  We called the employer and explained that an interim driver’s license may be presented as a Form I-9 identity document.  The employer indicated that it would rehire the worker and provide her with back pay. 

Carrolton, TX

On March 14, 2011, OSC successfully intervened to assist a U.S. citizen who was born in South Korea and adopted by U.S. citizen parents.  During the employment eligibility verification (Form I-9) process, the employer was reluctant to accept a List C document, an original Texas birth certificate, produced by the worker.  The Texas birth certificate, while indicating the worker was born in Korea, also indicated that the adoptive parents are U.S. citizens.   After OSC explained that the original birth certificate was issued by a state government agency, and is the fourth document category listed on the Form I-9’s List C of Acceptable Documents sufficient to demonstrate employment eligibility, the employer accepted the documented and kept the worker employed. 

Wichita, KS

On March 21, 2011, OSC successfully completed a telephone intervention and saved the job of an LPR.  For Form I-9 purposes, the LPR presented an unrestricted Social Security card.  However, her employer thought that it could not accept the card because she is not a U.S. citizen and her permanent resident card is expired.  OSC explained that LPRs, like a U.S. citizens, are work authorized incident to their status and may present an unrestricted Social Security card to establish their work authorization.  The employer accepted the worker’s Social Security card, and she began work. 

New Orleans, LA

On March 22, 2011, OSC intervened to save the job of an LPR. The worker was offered a job with a large refinery company; however, the worker failed to write down his Alien number when completing Section 1 of his I-9 Form, and was called back to complete the missing information on the form.  The worker had presented his unexpired driver's license and Social Security card as proof of his work authorization.  When the worker returned to fill in the missing number, he showed his I-551 (Permanent Resident card), which is expired.  HR personnel told the worker that he could not begin work because of his expired I-551.  OSC spoke with the employer and educated the employer about proper I-9 procedures.  The employer called the worker to allow him to start working. 

Monroe, NC

On April 1, 2011, OSC successfully completed a hotline intervention, ensuring that a U.S. citizen was reinstated to the position for which she was hired.  The worker contacted OSC to report that her receipt for a Social Security card was not accepted by the employer for the purpose of completing the Form I-9, and that by the time she returned to the employer with a Social Security card, the employer had filled her position.  We explained to the employer that it should have accepted the Social Security card receipt and permitted the worker to begin work.  The employer agreed to hire the worker at a different, but nearby, location and permit her to begin work immediately.  

San Marcos, CA

On April 1, 2011, OSC successfully intervened to save the job of a US citizen.  The worker presented an unexpired driver’s license and a Social Security card for I-9 purposes, and the employer photocopied the worker’s documents.  A couple of months later, the employer could not locate the worker’s I-9 form, although it still had the photocopies of the documents.  The employer requested that the worker fill out another I-9 form and show proof of his work authorization documents.  By this time, the worker’s driver’s license had expired; consequently, the worker was taken off the schedule until he could present a new unexpired license. The worker spoke with an OSC staffer, who in turn contacted the employer’s HR department.  The OSC staffer spoke with the employer about the fact that the worker’s license was not expired at the time of hire when he presented proof of his identity.  The employer decided to allow the worker to return to the job immediately.  

Jacksonville, FL

On April 6, 2011, OSC successfully completed a telephone intervention that permitted a conditional permanent resident to continue in the hiring process at a supermarket.  The store uses a third party proprietary background check company to investigate applicants.  That company notified the employer that the applicant’s name and Social Security number did not match, and said the employee would need to have SSA fax a letter to the employer confirming the number belongs to the worker.  The SSA field office refused to fax such a letter and instead provided a form letter with instructions to use the SSNVS system.  OSC spoke to counsel for the supermarket and explained that the worker believes the background report is erroneous, and that her documentation shows that she is authorized to work.  The company immediately called the worker in to continue the hiring process. 

Las Vegas, NV

On April 7, 2011, OSC completed a successful telephone intervention to save the job of an asylee.  When the worker began employment he presented an unexpired EAD for Form I-9 purposes.  Upon reverification, the worker presented a valid Form I-94, stamped with indefinite asylum status, along with an unexpired driver’s license.  However, the employer insisted on obtaining a new EAD from the worker.  We contacted the employer’s HR office to provide guidance on the reverification process and the worker was reinstated immediately.  

Rye, NY 

On April 11, 2011, OSC successfully completed a telephone intervention and saved the job of an LPR from St. Kitts and Nevis.  The worker worked last season at a county-owned amusement park, but was told she could not return to work this year because her permanent resident card had expired, even though she presented alternate documents to satisfy Form I-9 requirements.  We called the employer to explain that permanent residents do not lose their right to work when their permanent resident cards expire.  The employer called the worker and invited her to work.

Falls Church, VA

On April 11, 2011, OSC successfully completed a telephone intervention on behalf of an LPR whose permanent resident card (Form I-551) has expired.  The employer notified the worker that she would need to bring in an unexpired permanent resident card or she would be terminated.  We contacted the employer and learned that it is the employer’s policy to reverify permanent residents when their cards expire.  We educated the employer on the Form  I-9 reverification process and explained that an expiration date on the Form I-551 reflects only that the card must be renewed, not that the bearer’s work authorization has expired.  OSC further explained that the USCIS Handbook for Employers (Instructions for Completing the Form I-9) specifically states that permanent residents, including conditional permanent residents, may not have their employment eligibility reverified, nor are these workers required to produce a renewed card.  After OSC contacted the employer, the employer agreed to allow the worker to work and said that it would implement proper Form I-9 reverification procedures.

New York, NY

On April 12, 2011, OSC intervened on behalf of a worker with Conditional Legal Permanent Resident and saved her job.  For Form I-9 reverification, the individual presented a Notice of Action (Form I-797C) stating that her status has been extended for a period of one year.  The employer hesitated to accept the document and contacted OSC’s employer hotline seeking clarification.  We informed the employer that the type of document presented by the worker is a Form I-9 List C document that employers should accept, if it appears to relate to the person and to be reasonably genuine on its face.  The employer said that it would accept the document and allow the worker to continue in employment. 

Fayetteville, AR

On April 22, 2011, OSC completed a successful telephone intervention and saved the job of a Micronesian citizen.  The worker was admitted as a non-immigrant under the Compact of Free Association between the U.S. and the Federated States of Micronesia.  He presented an EAD at the time of initial hiring, and then showed an unexpired driver's license and an unrestricted Social Security card for reverification purposes.  The employer rejected these documents, insisting that the worker present an unexpired EAD or a Form I-94, but the worker had lost his I-94 and had not renewed his EAD.  We contacted the employer and explained that the worker had the right to choose which combination of Form I-9 List B and C documents to present.  The employer then immediately reinstated the worker.  

Los Angeles, CA

On April 29, 2011, OSC completed a successful telephone intervention and saved the job of a student from Peru holding an F-1 visa with curricular practical training (“CPT”).  Both the student and the employer, a Los Angeles-based hotel, were unsure about the documents that the student could present for I-9 purposes.  The employer had a cooperative agreement with the university the student attends, but the employer’s corporate office had failed to explain to the student that the internship required her to complete an I-9 form, despite the fact that the student was not receiving a salary.  OSC reached out to the employer’s counsel to learn more about the policy that required the student to complete an I-9 form, and discussed which documents (her unexpired foreign passport with a stamp along with her Form I-20) would be acceptable for F-1 students to present to comply with the policy.  With OSC’s assistance, the employer’s counsel explained to the student that her internship met the definition of CPT, she received remuneration in the form of free meals and parking for I-9 purposes, and therefore she was required by law to complete an I-9 form.  The employer’s counsel advised OSC that after explaining to the student why she needed to complete the I-9 form, the student presented all of the required documents, and she was able to begin her curricular practical training. 

Brooklyn, NY

On April 29, 2011, OSC successfully completed a telephone intervention and saved the job of a conditional permanent resident from St. Lucia.  After the worker accepted an offer of employment at a hospital, for I-9 purposes she presented her expired Permanent Resident Card along with a letter from USCIS that explained her employment authorization was extended for one year.  The employer would not accept this combination of documents.  The worker’s Social Security card is not acceptable for I-9 purposes because it includes the language “valid for work only with DHS authorization.”  OSC explained to the worker that she could have obtained an unrestricted Social Security card when she was issued her Permanent Resident Card, and this unrestricted card would have sufficed to prove work authorization.  OSC then explained to the employer that the combination of the expired Permanent Resident Card plus the letter from USCIS comprise valid documentation to prove employment authorization for one year.  The employer decided to allow the worker to begin her employment. 

Brambleton, VA

On May 12, 2011, OSC successfully completed a telephone intervention which enabled a conditional permanent resident to begin working at a health club.  The HR representative at the club's corporate office told the club manager that the worker could not begin working until she received her ten-year permanent resident card, since her two-year conditional permanent resident card was expired.  The worker believed she could begin working immediately because her unrestricted Social Security card proves she is work authorized and because she has an unexpired Virginia driver's license.  USCIS told her that her permanent resident card would not arrive for another four to six months.  The worker called OSC for clarification. OSC contacted the club manager and HR representative to explain to them that the worker had provided sufficient documentation to satisfy the Form I-9 requirements, and the health club decided to allow her to begin working immediately. 

El Paso, TX

On May 16, 2011, OSC completed a successful telephone intervention and saved the job of a student on an F-1 visa.  The employer, a major university, had initially made the job offer to the F-1 student under the Optional Practical Training (OPT) program, but later rescinded the offer with no specific explanation to the student.  The individual called OSC to request assistance on how to resolve the issue.  OSC contacted the employer and discussed the OPT program. The employer's representative stated that the university had rescinded the job offer while it was making sure that it could legally employ and pay the student.  Upon its better understanding of the OPT program, the employer stated that it would offer the job back to the student.

Miami, FL

On May 18, 2011, OSC intervened to save the job of an LPR.  The employee had just started working and had presented his Permanent Resident Card, driver's license, and unrestricted Social Security card as proof of his work authorization.  However, Human Resources personnel noticed that the Permanent Resident Card had expired and advised the worker that he had three days to provide an unexpired card or a document from USCIS stating that he is work authorized.  OSC called the employer's HR department and explained that a combination of unexpired List B and List C documents is sufficient proof of work authorization for I-9 purposes.  The HR director accepted the explanation and stated that the employer would rectify the situation immediately.

Phoenix, AZ

On May 27, 2011, OSC completed a telephone intervention and saved a U.S. citizen’s job with a company that provides video transfer services.  The worker’s state identification card did not have an expiration date.  Since the I-9 form includes a blank line for “expiration date,” the employer told the worker it could not accept his card.  The worker tried to obtain a new card at the motor vehicle department, but was told his old card was valid and that in the past, Arizona state identification cards did not include expiration dates.  OSC called the employer to explain that the card was valid and should be accepted.  The employer decided to accept the card and allowed the worker to return to work.

Sealy, TX

On June 3, 2011, OSC successfully completed a telephone intervention, saving the job of an LPR whose green card was about to expire.  Having recently lost his green card, the worker  contacted the company's HR Department to  request a copy of his green card information on file, so that he could apply for a new card.  The HR representative who reviewed his file noticed that the employee's green card had an expiration date of June 12, 2011.  Based on this information, the HR representative informed him that he would be terminated on June 12.  Furthermore, the worker would not receive the severance package promised to him upon his imminent lay-off unless he produced evidence that he had renewed his green card.  OSC contacted the HR department as well as the company's legal counsel, who agreed that the employee did not need to produce a renewed green card to continue his employment with the company.  Additionally, the worker would still be entitled to a severance package when it was time for him to be laid off. 

Danielson, CT

On July 29, 2011, OSC successfully resolved a telephone intervention to ensure a retired U.S. Military veteran received accurate retirement benefits. SSA had denied the caller retirement benefits for a 6‐ month period (October 2010 through April 2011), because he did not have proof that he was a Legal Permanent Resident ("LPR") before naturalizing. The caller did not have a permanent resident card because he entered as a child and his mother never gave him one. He naturalized on April 1, 2011 and became eligible for SSA retirement benefits based on his age in October 2010. Through an intervention by the OSC Hotline, in cooperation with SSA and the USCIS Office of Public Engagement, his benefits for the 6‐month period in question were quickly restored.

Brentwood, NY

On July 29, 2011, OSC successfully intervened to save the job of a U.S. Citizen. The worker was told by her employer (a healthcare agency) that it would not accept her List B and C documents, driver's license and Social Security card, because one of the documents had her maiden name whereas the other document showed her married name. The worker provided additional documents to prove the name change, but the employer refused to accept the documents. The worker then called OSC. Our office called the employer and explained that if the documents appear to be genuine and to reasonably relate to the person the employer may accept them as valid I‐9 documents. OSC cited the M‐274, Employer Manual p.41, where one of the FAQs addresses the topic of married vs. maiden names. The employer decided to allow the worker to continue the hiring process.

Tucson, AZ

On August 8, 2011, OSC intervened on behalf of a U.S. Citizen who was hired to work in the accounting office of a commercial agriculture business. The worker presented an unexpired U.S. passport during the I‐9 process, and the employer insisted on seeing the worker's Social Security card. The worker explained that the passport was a valid List A document and that he should not have to show additional documentation. However, the employer insisted that the worker produce a Social Security card in order to verify the worker's Social Security number. The worker called OSC to explain the situation, and OSC reached out to the employer. The employer's representative explained that the employer has this policy because it had received letters in the past from the Social Security Administration notifying it that certain worker's Social Security numbers did not match their names. OSC educated the employer about document abuse, and referred the employer's representative to the USCIS Handbook for Employers (M‐274). The employer decided to change it current policy, and OSC contacted the worker to assure him the issue had been resolved.

Colorado Spring, CO

On August 9, 2011, OSC intervened to save the job of a U.S. Citizen who was not allowed to continue the employment application process because she did not have a state‐issued ID. The worker is under the age of 18, and the employer (a national fast‐food chain) was not accepting any applicants who were unable to show a state issued‐ID as their List B document. The workers' mother called OSC and asked us to intervene because she found the USCIS Handbook for Employers and the guidance concerning workers under the age of 18. OSC called the manager of the restaurant, and he explained that he did not accept documents other than state‐issued IDs because in the past he has had issues with false documents. When OSC called the HR director in Colorado Springs, the HR director explained that the employer use E‐Verify, and that each restaurant manager is supposed to know which documents are acceptable as List B document for the E‐Verify process when a worker is under the age of 18 (for example: a report card). The director of Human Resources reached out to the restaurant's manager and to the worker, and notified OSC that the worker was offered a job and will be starting orientation this week. She also explained that the district manager will be personally training this restaurant manager on the proper way to handle applicants under the age of 18.

Goshen, NY

On August 23, 2011, OSC successfully intervened to save the job of a worker who was granted U‐Visa status, and issued an EAD, because she cooperated in the investigation of a violent crime committed against her. The employer, a staffing agency, failed to provide the worker with a DHS referral letter after E‐Verify issued a TNC. Because the worker was not provided with instructions for contacting DHS, the nonconfirmation became final. The staffing agency told the worker it would not be able to assign her to any positions. OSC called and explained to the employer how to invalidate the first query and run a new one. The new query resulted in a TNC because the worker's EAD has the incorrect birth date, but the DHS status verifiers assisted in resolving the query as employment authorized. As a result, the staffing agency decided to place the worker on an assignment.

Chicago, IL

On August 23, 2011, OSC intervened to save the job of a work‐authorized individual who had been suspended for a week by his employer, a major U.S. airline. The worker was suspended after the employer rejected the worker's unrestricted Social Security card for the worker's employment authorization reverification, and instead required that the worker provide a new EAD. OSC called the airline's corporate headquarters and discussed with HR personnel the applicable regulations as explained in the Handbook for Employers (M‐274). The worker was rehired.

Houston, TX

On August 25, 2011, OSC successfully completed a telephone intervention and saved the job of an LPR originally from Mexico. The employer was unable to correctly enter data from the worker's Permanent Resident Card into the electronic I‐9 program it utilizes. The manager was attempting to enter the worker's nine‐digit alien registration number into the thirteen‐character card number field. When he received a message stating the card number was invalid, he instructed the worker to bring him proof from USCIS that he is authorized to work. OSC explained to the manager that rejecting valid documents could be an unfair employment practice (document abuse) and explained to him the difference between the alien registration number and the card number. The manager was then able to process the electronic I‐9 and E‐Verify query, and the worker was allowed to begin working. The manager stated that he planned to call in another worker whose I‐9 he was unable to process the week before, process her application and similarly allow her to begin working.

Des Moines, IA

On September 2, 2011, OSC successfully completed a telephone intervention and saved the job of an LPR originally from Mexico. The tree services company where he had been employed as a contractor recently offered him a permanent position. The employer cited three erroneous reasons for rejected the worker's Permanent Resident Card (PRC) when he completed the I‐9 form: first, the photograph on the card was not a full frontal photo; second, the card color was different from the cards issued after 2004; third, a thin layer of plastic was coming apart from the card. The employer did not provide the worker with an opportunity to present other I‐9 documents; instead the employer instructed the worker to visit USCIS and bring back written notification from USCIS that he is an LPR. When OSC called counsel for the employer, counsel acknowledged that the worker should be able to present alternate documents for the Form I‐9, such as a receipt for a lost Social Security card. The following day, the worker visited both SSA and USCIS, and then presented to his employer two documents: a receipt for a Social Security card, and a handwritten note from USCIS stating his PRC was valid. However, the employer refused to accept these documents and insisted that the worker present either an original Social Security card or a new PRC. After OSC called counsel again, the employer accepted the worker's receipt from SSA as a temporary List C document proving his employment eligibility, and completed the hiring process.

Falls Church, VA

On September 14, 2011, OSC successfully completed a hotline intervention, ensuring that an LPR kept his position. The worker contacted OSC to report that his employer, a non‐profit organization, had threatened to terminate him because his LPR card had expired. OSC contacted the employer and the employer decided to continue employing the worker and to stop reverifying LPRs.

Alexandria, VA

On September 20, 2011, OSC intervened to save the job of an LPR. The worker had been working for a major retail store for several years. Recently, the employer advised the worker that his Permanent Resident Card had just expired and suspended him until he could produce a new unexpired card. An OSC staff member called the Human Resources Director's office and discussed the reverification process, explaining that a Permanent Resident Card must not be reverified. The Human Resources personnel accepted the explanation and allowed the employee to return to work immediately, and also decided to pay him one day's worth of lost wages.

Miami, FL

On September 28, 2011, OSC successfully intervened to save the jobs of an LPR. An employer called because a newly hired employee lost her permanent resident card and most other forms of identification when she was recently robbed. However, she received a receipt for a new permanent resident card and a temporary permanent card. OSC explained the "receipt rule" to the employer and stated that either document was acceptable for form I‐9 purposes.

Kissimmee, FL

On September 28, 2011, OSC completed a successful intervention, allowing an employee to return to her job at a dental office and receive her paycheck. The worker called OSC when her employer told her there was a problem with her Alien Registration Receipt Card, the version of the "green card" that was in effect from 1977 until 1997. Prior to 1989, this version of the card did not generally contain an expiration date. When OSC called the employer we learned that it was the company's new payroll processor, not the employer, that was rejecting the card. OSC explained to the payroll company that the card did not need an expiration date, and e‐mailed the payroll company the most recent version of the USCIS Handbook for Employers. The payroll processor representative continued to refuse to honor the card because it was faded and she could not make out the text on the back of the card. OSC explained that employers must accept documents that appear genuine and to relate to the person presenting them, and that even if an employer questioned a card's authenticity, the employer must give the worker the opportunity to present other Form I‐9 documents. The payroll company representative then insisted this individual would not be allowed to present a driver's license and Social Security card as proof of employment authorization, because she is not a U.S. citizen. OSC may initiate an investigation of the payroll company; meanwhile, the payroll company obtained a clearer copy of the card and agreed to pay the worker. The employer reinstated her immediately.

Fiscal Year 2010

Port Townsend, WA

On October 28, 2009, OSC successfully completed a hotline intervention and saved the job of a U.S. citizen whose employer, a healthcare company, insisted that she present a Social Security Card for Form I-9 purposes and refused to accept her unexpired U.S. passport. We called the company’s corporate headquarters, which was able to trace the problem and re-educate the company’s human resources personnel. The employee was then notified by the company that it would accept her passport and allow her to continue working.

Dallas, TX

On November 4, 2009, an OSC attorney intervened on behalf of a lawful permanent resident (LPR) and saved her job. The individual presented an unexpired Permanent Resident Card for employment eligibility verification form I-9 purposes at the time of hire. The employer attempted to reverify the employee after the Permanent Resident Card expired, insisted that the worker produce an unexpired card, and threatened to suspend her when she was unable to do so. The OSC attorney contacted the employer and explained that Permanent Resident Cards (also known as alien registration receipt cards, Forms I-551, resident alien cards, or “green cards”), which are issued to lawful permanent residents and conditional residents, should not be re-verified upon expiration. The employer then permitted the LPR to continue working.

Berryville, AR

On November 10, 2009, OSC successfully intervened by telephone in order to allow a U.S. citizen, born in Puerto Rico, to continue to apply for a position at a chicken processing plant. According to the worker, the employer asked to see his employment eligibility documents prior to offering him a position. He produced his State I.D. card and Social Security card, and was allegedly informed that the documents did not appear to belong to him. The worker then brought additional proof of his identity to the company: his Puerto Rican birth certificate and a letter from Social Security verifying that his name and Social Security Number matched. The human resources representatives refused to consider these additional documents. OSC called the company’s compliance officer, who acknowledged the company previously employed a different person under this Social Security number. The company agreed to interview the worker and offer him a position once satisfied the documents belonged to the worker.

Yukon, OK

On November 16, 2009, OSC successfully completed a telephone intervention and saved the job of a LPR of Vietnamese origin. The worker suspended from her job at a manufacturing company because the alien registration number (A number) on her permanent resident card was different from the number on the EAD that she presented when she first began working for the company. When the EAD expired in 2004, the employer accepted the worker’s permanent resident card without noticing the discrepancy. Five years later, during an audit of its I-9 forms, the employer noticed that the A numbers were different and suspended the worker and asked her to explain why there were two different A-numbers on her documents. OSC called the employer to explain that employers are required to honor documents that on their face reasonably appear to be genuine and relate to the person. The employer allowed the worker the return to work the following day.

Chicago, IL

On November 18, 2009, OSC successfully completed a telephone intervention and allowed a recent Azerbaijani immigrant to begin working at a home health agency. After she presented her unrestricted Social Security card and Illinois State I.D., documents sufficient to prove her identity and work authorization for the I-9 form, the employer requested her “green card.” The worker showed her passport, which includes a machine readable immigrant visa, with an endorsement by DHS Customs and Border Security indicating that the visa serves as evidence of an I-551 (Permanent Resident card, a.k.a. “green card”) for one year. The employer rejected this document, insisting only a green card would be acceptable. OSC called the employer to explain that workers may choose which documents to present for the I-9 and that employers may not specify which documents they will accept. OSC explained that the employer should have accepted the documents the employee originally presented, and that even if the employee had presented her passport and visa first, that document is also found in the List of Acceptable documents and would have been acceptable proof of identity and work authorization. The employer agreed to hire the worker.

Raleigh, NC

On December 22, 2009, OSC successfully completed a telephone intervention and saved the job of a lawful permanent resident (LPR). For employment eligibility verification (form I-9) purposes, the LPR presented an unrestricted Social Security card and a North Carolina driver’s license. However, the employer would not accept the card because the worker had indicated that he is an LPR on Section 1 of the Form I-9. An OSC attorney explained that LPRs, like US citizens, are work authorized incident to their status. OSC also provided the employer with educational materials. The employer agreed to accept the worker’s Social Security card in combination with his North Carolina driver’s license, and allowed the worker to keep his job.

Kilauea, HI

On January 4, 2010, OSC successfully completed a telephone intervention and saved the job of a foreign student holding temporary work authorization. The student alleged that his employer rejected his employment documents – which appear on the list of acceptable documents on the Form I-9 – and demanded to see additional documents. After calling the student’s employment sponsor to clarify his status, OSC called his employer to explain the Form I-9 process for accepting documents from workers holding temporary employment authorization. The student was then able to begin working.

Tampa, FL

On January 21, 2010, OSC assisted a Cuban humanitarian parolee secure an airport security access credential allowing her to work within the Tampa airport. Initially, there was a misunderstanding whether a non-citizen is required to produce more or different documentation to the airport badging office than required by the Form I-9 under a security directive issued by the Transportation Security Administration (TSA). Following discussions with the regional TSA representative, we determined that only additional information, not additional documentation, is required for non-citizens in order to process the application for an airport access badge. The information was provided, and a security clearance was granted.

Birmingham, AL

On January 22, 2010, OSC successfully completed a telephone intervention and saved the job of a lawful permanent resident. When originally hired, the worker presented her permanent resident card to demonstrate her employment eligibility. When that document expired, her employer requested that she present a new, unexpired document for reverification. We contacted the employer to explain that the work authorization of LPRs never expires, and that they should not be reverified when their permanent resident card expires. In response, the employer indicated that the worker would be permitted to keep her job.

Falls Church, VA

On January 28, 2010, OSC intervened on behalf of a Hispanic worker with Legal Permanent Resident (LPR) status and saved his job. For the Form I-9 Employment Eligibility Verification process, the individual presented a current Permanent Resident Card, Form I-551. The employer hesitated to accept the document and contacted OSC’s employer hotline seeking clarification. OSC informed the employer that the document presented by the employee satisfies the Lists of Acceptable Documents on the Form I-9 and that requesting more or different documents might constitute unlawful document abuse discrimination. The employer agreed to accept the document and hire the worker.

Los Angeles, CA

On February 16, 2010, OSC successfully completed a telephone intervention and saved the job of a U.S. citizen. The worker presented a driver’s license and birth certificate for Form I-9 employment eligibility purposes during an I-9 audit by the employer. The employee contacted OSC because the employer refused to accept her birth certificate, and was told that she would be terminated if she failed to present a Social Security card. We explained to the employer that the Form I-9 lists an original or certified copy of a U.S. birth certificate as a valid employment eligibility (List C) document. OSC also explained that seeking more or different documents during the employment eligibility verification process may constitute unlawful document abuse. The employer accepted the documents and allowed the employee to continue working.

Dulles, VA

On February 18, 2010, OSC successfully completed a telephone intervention and saved the job of an asylee from Ethiopia who works at for an employer based in an airport. Her airport badge was set to expire at the end of January, and when she attempted to renew her badge, the badging office rejected the application. The badging office claimed that a DHS official had examined the documents that the worker presented and informed the badging office that neither her unrestricted Social Security nor her Form I-94 stamped “asylum granted” were acceptable as proof of employment authorization. The badging office was also told that the worker would need to obtain a new EAD or permanent resident card from DHS. OSC discussed the TSA security directive with the badging officer and explained that TSA’s requirements for badge issuance are identical to I-9 documentation requirements. The badging office director then accepted the worker’s unrestricted Social Security card, and she is back at work.

Fairbanks, AK

On February 23, 2010, OSC successfully completed a telephone intervention and allowed a lawful permanent resident to continue working in her position as a hospital nurse. When she first began working in the position more than ten years ago, she presented a temporary employment authorization document (EAD) that she had received as an applicant for adjustment of status to permanent residency. When the EAD expired, she presented her permanent resident card. During the course of an audit, the employer noticed that the permanent resident card expired and required the worker to obtain proof from DHS that she was still work authorized. The worker traveled to USCIS and received a temporary stamp in her passport, but she was concerned because her employer told her she would not be able to work after the temporary stamp expired. OSC explained to the employer that regardless of the attestation in Section I of the I-9 (the worker originally checked “alien authorized to work” and included an expiration date) permanent resident cards should not be re-verified. We explained that permanent residents never lose their employment authorization. The employer indicated that it would not re-verify the employee or require her to present additional documents, and she has continued to work.

Springfield, VA

On March 12, 2010, OSC successfully completed a telephone intervention and saved the job of a naturalized U.S. citizen who works for a contractor at a site run by a sub-agency of the Department of Homeland Security (DHS). The contractor was allowing the employee to work, but the security at the job site was requiring additional proof of her citizenship status. She had misplaced her naturalization certificate and did not have a passport. A representative at the job site told OSC that if the worker did not present a passport or a naturalization certificate, she would not be able to work on the site. OSC explained that DHS has access to the worker’s naturalization records and should be able to confirm her status without requiring additional documents. The security representative at the site acquiesced and the worker has begun working at the site.

Phoenix, AZ

On March 11, 2010, OSC helped a Cuban refugee attain a driver’s license by communicating with the Arizona Motor Vehicles Division (MVD). When the refugee attempted to get a driver’s license at the MVD in Phoenix, he provided an Arizona Driver Instruction Permit, Social Security card, and passport. The refugee’s documentation indicated that he had become a political refugee from Cuba as of August 16, 2005. After OSC explained that a refugee has indefinite work authorization status, MVD issued a driver's license with an expiration date of August 16, 2010 and explained that a refugee is entitled to an unlimited number of one-year license renewals gaining permanent resident status. The complainant has also been given the phone number of a Spanish-speaking MVD employee in case he has any further questions or concerns.

New York, NY

On March 23, 2010, OSC successfully completed a telephone intervention and saved the job of a legal permanent resident. During the Form I-9 employment verification process the individual presented a current permanent resident card, DHS Form I-551. The employer hesitated to accept the document and contacted the OSC employer hotline seeking clarification. We explained to the employer that the document presented by the employee satisfies Form I-9 requirements and should be accepted. We also explained that requesting more or different documents could constitute unlawful document abuse discrimination. The employer agreed to accept the document and hire the worker.

Hialeah, FL

On March 23, 2010, OSC successfully completed a telephone intervention and saved the job of a legal permanent resident. For Form I-9 employment verification purposes the employee presented an unrestricted Social Security card and a current Florida driver’s license, but the employer insisted that the individual produce a permanent resident card. We contacted the employer and explained that the documents presented by the employee satisfy the Form I-9 work eligibility verification and should be accepted. Moreover, OSC informed the employer that requesting more or different documents could constitute unlawful document abuse discrimination. The employer agreed to accept the document presented by the worker and to hire her.

West Haven, CT

On March 22, 2010, OSC successfully completed a telephone intervention and ensured the employment of a legal permanent resident (LPR). When completing the Form I-9, the LPR provided the employer with a current driver’s license, an unrestricted Social Security card, and an expired permanent resident card (Form I-551). The employer called OSC’s hotline to determine whether it could continue the hiring process by relying only on the LPR’s unrestricted Social Security card and current driver’s license in completing the Form I-9, even though it had knowledge that the Form I-551 has expired. We explained to the employer that the presentation of an expired Form I-551 does not preclude the employer’s reliance on the other two acceptable documents to establish identity and work authorization. Based on this guidance, the employer continued the hiring process.

Memphis, TN

On April 7, 2010, as the result of a successful telephone intervention by OSC, a Liberian recipient of Deferred Enforced Departure (DED) was able to renew her driver’s license and return to work. Tennessee initially refused to renew the DED recipient’s driver’s license because her employment authorization document (EAD) bears an expiration date of March 31, 2010, and she had not proven that she had registered for a new EAD. We contacted the Tennessee Department of Safety and informed it of DHS’s automatic extension of work authorization for Liberian DED recipients until September 30, 2010. Consequently, the Liberian was able to renew her driver’s license and return to work.

Issaquah, WA

On April 9, 2010, OSC successfully intervened to prevent the termination of a temporarily work authorized person from India whose EAD expired this month. She applied for a renewal last December and received a notice showing that application was approved. However, the card never arrived, and she was required by USCIS to re-apply for a replacement of that card in March. For Form I-9 reverification purposes, the employer refused the receipt from the application to replace the card that had been lost because it did not bear the notation “replacement,” as it should. When we learned of the problem, we contacted USCIS to request that a duplicate receipt be issued including the word “replacement.” Meanwhile, the employer agreed to accept the first receipt and the worker will return to work shortly.

Phoenix, AZ

On April 12, 2010, OSC successfully completed a telephone intervention and allowed a naturalized U.S. citizen to return to her employment with an electronics retailer. When the worker first arrived in the United States from Mexico, she was not yet an LPR and was issued a restricted Social Security card with the inscription “valid for work only with DHS authorization.” Upon becoming a LPR, she did not obtain an unrestricted card from the Social Security Administration (SSA), nor did she visit SSA to tell it that she had naturalized. Thus, the employer properly rejected the restricted card for Form I-9 purposes since it does not prove work authorization. When the worker called OSC, we suggested that she visit SSA and obtain a receipt for a replacement card, since receipts for replacement documents are valid for Form I-9 purposes for 90 days. The employer also rejected the worker’s receipt. We explained to the employer that workers are permitted to present receipts for a lost, stolen or damaged document under the rules governing the I-9 process. OSC also explained that the employer should not request more or additional documents than those required by the Form I-9. The employer agreed to reinstate the worker.

Brooklyn, NY

On April 13, 2010, OSC successfully completed a telephone intervention and saved the job of a lawful permanent resident (LPR). A human resources supervisor was unsure whether to terminate the LPR because his “Resident Alien” card had expired, and he did not have an unexpired card. The supervisor believed that DHS required termination of the worker because he held an expired card. We explained to the employer that LPRs authorized to work incident to their status and should not be re-verified when their resident alien cards expire. An OSC attorney faxed outreach materials regarding LPRs to the supervisor. As a result, the worker was not terminated.

Springfield, VA

On April 14, 2010, OSC successfully completed a telephone intervention and saved a naturalized citizen’s job for the second time in two months. OSC intervened last month, enabling the employee to continue working for a contractor on a site run by a sub-agency of the Department of Homeland Security (DHS). The contractor’s site security required proof of U.S. citizenship in order for the employee to remain employed, and OSC facilitated in getting the employer to issue the employee a badge for 30 days, allowing her time to provide proof of U.S. citizenship. The employee had documents that satisfy the Form I-9 requirements (i.e., an unrestricted Social Security card and a driver’s license), but had misplaced her naturalization certificate and did not yet have a passport. The employee called OSC when the 30 days were about to expire because she had applied for, but not received, a U.S. passport, and we again asked the employer’s site security to allow her to continue working. The site security office agreed and the employee continues to work.

Troy, MI

On April 19, 2010, OSC successfully completed a telephone intervention and helped a U.S. citizen become eligible for work through a temporary staffing agency. At the time of hire, the employee presented a State ID along with a receipt for a replacement Social Security card for Form I-9 purposes. The employer would not accept the Social Security card receipt although the receipt rule requires an employer to accept a receipt for a replacement document when the document has been lost, stolen, or damaged, and that receipt is valid for 90 days. We called the employer and explained that the Social Security card receipt is a valid List C document for Form I-9 purposes. The employer subsequently placed the worker on the list of eligible hires.

New York, NY

On April 23, 2010, OSC successfully completed a telephone intervention and saved the job of a lawful permanent resident (LPR). The human resources manager at a nursing home contacted OSC for guidance because she was unsure whether to terminate the LPR when her conditional Permanent Resident Card had expired. OSC explained that conditional LPRs are authorized to work incident to their status and should not be re-verified when their PRCs expire, including in instances in which they possess a conditional PRC. As a result, the worker was allowed to keep her job.

Newark, NJ

On April 28, 2010, OSC completed a hotline intervention, ensuring that a lawful permanent resident who had held the same job for 28 years, could return to work. The worker was suspended by his employer, a hospital, because the permanent resident card on file for the worker expired, and the worker was unable to provide an unexpired card. OSC explained that employees who provide a permanent resident card to complete a Form I-9 should not be reverified when the card expires. The employer indicated that it would return the employee to work right away and pay the worker for the week and a half he missed due to the improper document request.

Monroe, NC

On April 26, 2010, OSC completed a telephone intervention ensuring that a U.S. citizen who recently changed her legal name could continue to work. The employee recently married and informed her employer of her new name. The employer required that the employee complete a new Form I-9 and provide documents with her new name, even after the employee voluntarily showed her marriage certificate. The employee also stated that her employer told her that her request to update her direct deposit account would not take effect until she provided her new documents (the employer denied this). OSC contacted the employer and explained that an employer must accept I-9 documents that reasonably appear to be genuine and to relate to the person presenting them, and must not reject documents that satisfy this standard. The employer then contacted the employee and told her that she was no longer required to provide additional documentation and that her Form I-9 was complete.

Allendale, NJ

On April 28, 2010, OSC successfully completed a hotline intervention, preventing an employer from taking an adverse employment action against a lawful permanent resident. The employer, a nursing home, conducted an audit of its Employment Eligibility Verification Forms (Forms I-9). After completing the audit, the nursing home requested that an employee, who presented an Alien Registration Card when she was hired three years ago, produce a Social Security card. The employee went to the Social Security office and obtained a receipt for the Social Security card application and then contacted OSC to determine if the receipt was sufficient. OSC contacted the employer and explained to the human resources representative that an employer should not re-verify lawful permanent residents after hire, and that the employee provided sufficient documentation at the time of hire and should not be asked to produce a Social Security card. OSC also sent the employer a copy of the Handbook for Employers and provided it with OSC’s hotline telephone numbers.

Northridge, CA

On May 5, 2010, OSC successfully intervened to save the job of a lawful permanent resident (LPR), who was terminated from employment. The LPR’s employer conducted an internal audit of its I-9 forms and determined that some of its current employees had expired work authorization. In seeking to reverify those workers, it mistakenly concluded that because the Resident Alien Card that the worker had initially presented at the time of hire bore no expiration date, the worker’s employment authorization needed to be reverified. The worker contacted OSC when she was asked to bring in a new card and told that she could not work until she did. OSC contacted the president of the company and learned that indeed the employer had inappropriately asked to see a new card. The OSC attorney explained that lawful permanent residents may not be reverified. The employer agreed to invite the employee back to work immediately and to pay her back pay for the day of work that she had missed. The employer’s president also agreed to familiarize her staff with the information contained in the Handbook for Employers published by USCIS.

Sun Prairie, WI

On May 14, 2010, OSC successfully completed a telephone intervention allowing an employment authorized individual to begin work. The employer, a national retail store, rejected the employee’s EAD and asked her to produce additional documents before she could begin working. We contacted the store and explained that the employee had already produced sufficient documentation for Form I-9 purposes, and that to demand more or different documents may constitute a violation of the anti-discrimination provision of the INA. The employer allowed the worker to begin work that day.

Taunton, MA

On May 17, 2010, OSC successfully completed a telephone intervention on behalf of a lawful conditional permanent resident. During the initial I-9 employment eligibility verification process, the employee presented an expired resident alien card. The employer rejected the expired card and demanded a new resident alien card before the employee could begin to work. The employee then presented Form I-797C, which is a Receipt Notice documenting the employee’s application for a new resident alien card. The notice states that the employee’s status is extended for a period of one year and that the extension authorizes employment. OSC informed the employer that this particular Receipt Notice is an acceptable Form I-9 document and can be presented for employment eligibility purposes when provided in conjunction with an identity document. OSC also directed the employer to the specific page of USCIS’s Handbook for Employers that discusses the acceptability of this document. The employer then accepted the employee’s Receipt Notice and an identity document and allowed him to begin work the next day.

El Paso, TX

On May 27, 2010, OSC completed a telephone intervention and allowed a U.S. citizen to begin her employment at an automobile dealership. For Form I-9 purposes, the citizen presented her unexpired U.S. passport as proof of both her identity and work authorization. The employer told her that she would not be able to start working until she also produced her Social Security card, pointing to “U.S. Social Security account number card” on the I-9 Lists of acceptable documents. OSC called the employer to explain that it may not require this additional document as part of the Form I-9 process. The employer then permitted the worker to begin work.

New York, NY

On June 15, 2010, OSC intervened on behalf of a Guyanese national with lawful permanent resident status and saved her job. During the employment eligibility verification (form I-9) process, the individual presented a newly redesigned “Permanent Resident Card,” Form I-551. The employer hesitated to accept the document and contacted OSC’s employer hotline seeking clarification. OSC informed the employer both that the new Form I-551 satisfies the I-9 form requirements if it relates to the person and appears genuine on its face, and that requesting more or different documents may constitute unlawful document abuse discrimination. The employer then accepted the document and allowed the worker to continue to work.

Houston, TX

On June 17, 2010, OSC completed a successful telephone intervention and saved the job of a worker with a TN NAFTA visa. The worker arrived in the U.S. legally to accompany her spouse, who works here as an inter-company transferee. She completed a course to become certified as a Clinical Laboratory Technician, a position that qualifies under the NAFTA regulations. Once she received a written job offer from a laboratory, she received a TN-visa, which authorized her to work. When she presented the document as part of the I-9 employment eligibility process, the employer did not believe the document allowed her to work in the U.S. OSC explained to the employer’s counsel that such visas authorize the holders to work. The employer agreed to allow the worker to begin her employment.

Kearney, NE

On June 28, 2010, OSC saved the job of a lawful permanent resident as a result of a successfully completed telephone intervention. When the worker’s Resident Alien Card (RAC) expired, the employer requested the employee to provide a new, unexpired RAC to verify her continued employment eligibility. When the worker explained that it would take several months to receive a new card, the employer called OSC for guidance. We explained to the employer that permanent residents who present valid RACs at the time of initial hire should never be reverified since their right to work never expires. We further explained that re verifying a permanent resident and then firing her because she cannot present a new RAC may constitute document abuse under the anti-discrimination provision of the INA. The employer agreed to continue to employ the permanent resident and promised not to reverify permanent residents in the future.

Troy, MI

On June 28, 2010, OSC intervened on behalf of a U.S. citizen who had been offered employment. During the employment eligibility verification (Form I-9) process, the individual presented his driver’s license and Social Security card. However, his name on the Social Security card was hyphenated with his mother’s last name. The employer refused to accept the documents and demanded to see a birth certificate. OSC informed counsel for the employer that if the documents reasonably related to the applicant and appeared to be genuine, the employer is obligated to accept the documents. As a result, the worker was permitted to start work.

Lewiston, ME

On June 28, 2010, OSC completed a telephone intervention on behalf of a U.S. citizen who had been offered employment. During the employment eligibility verification (Form I-9) process, the individual presented her driver’s license and birth certificate. The employer refused to accept these documents, demanded to see a Social Security card, and told her she could not be hired without that card. The employee called OSC for help. OSC informed the employer that refusing to accept documents from the List of Acceptable Documents that appear on the back of the I-9 form—or demanding that the applicant present specific documents—might constitute illegal document abuse. The employer agreed to accept the driver’s license and birth certificate and the employee was allowed to start work.

New York, NY

On June 30, 2010, OSC completed a successful telephone intervention and assisted a lawful permanent resident to begin working in New York City’s summer youth employment program. The program (a non-profit recipient of city, state and federal funds) refused to allow the youth to register because her permanent resident card had expired. The program told OSC that the city’s documentation requirements were more stringent than the Form I-9 requirements, and that the youth’s documents (an unrestricted Social Security card and student I.D.) would be rejected by the City. OSC consulted with counsel for the city and the city informed the program that the youth should be allowed to work. The city is also revising its documentation requirements so that the employment eligibility verification documents will be in line with Form I-9 requirements by summer of 2011.

Chicago, IL

On July 6, 2010, OSC completed a telephone intervention that allowed a lawful permanent resident to continue working. The employee’s Permanent Resident Card expired, and he presented an I-797 Notice of Action letter, extending his card until January 11, 2011. However, the worker’s employer told him that he would not be able to work until he presented a new card. We called the employer to inform the employer that an expired Permanent Resident Card and an I-797 stating that the card had been extended for a year was sufficient temporary employment authorization. We also directed the employer to the Employer Handbook, which corroborated the information that was given to the employer. The employer subsequently informed the employee that he could come back to work.

New York, NY

On July 7, 2010, OSC completed a telephone intervention that allowed a lawful permanent resident to continue working. When the newly hired worker presented his documents to his employer during the employment eligibility verification process, there was some confusion as to what documents he could present. He eventually presented an unrestricted Social Security card and a NY State ID card. However, based on Department of Homeland Security guidance, his employer insisted that the worker present a new Permanent Resident Card or the worker would not be allowed to continue working. OSC informed the employer that a state ID and an unrestricted Social Security card are acceptable (List B and List C) documents that satisfy the Form I-9 requirements. The employer subsequently allowed the employee to come back to work.

Lebanon, PA

On July 14, 2010, OSC succeeded in assisting a Honduran TPS recipient renew his driver’s license. The individual, who drives to his job, attempted to renew his Pennsylvania driver's license by presenting his EAD, which has been automatically extended by the Department of Homeland Security by virtue of a notice in the Federal Register pertaining to all Hondurans with TPS. However, the Pennsylvania Department of Transportation (PDOT) refused to renew the worker’s license, so the worker contacted OSC’s worker hotline. We contacted PDOT to explain the automatic extension of EADs for Honduran TPS recipients. The PDOT subsequently renewed the worker’s driver's license.

New York, NY

On July 15, 2010, OSC successfully completed a telephone intervention and saved the job of a F-1 visa holder. The visa holder contacted OSC when she was terminated on July 14, 2010, because she did not possess a Social Security number. When the visa holder started working on July 7, 2010, she informed her employer that she did not yet have a Social Security number. Accordingly, the visa holder had left blank the portion of the Form I-9 requesting her Social Security number. After several days on the job, the worker’s supervisor demanded that she travel to the SSA office to obtain a Social Security number. The worker visited SSA and received a receipt from the SSA showing that she applied for a Social Security card and that the card would be mailed to her home in approximately two weeks. Nonetheless, the employer was unwilling to accept this receipt and terminated her. OSC contacted the employer and explained that recording a Social Security number on the I-9 Form is optional for an employer that does not use E-Verify, and that an employer cannot request specific employment eligibility documents for Form I-9 purposes. The employer allowed the worker to return to work and paid her lost wages.

Los Angeles, CA

On July 15, 2010, OSC successfully completed a telephone intervention and assisted a Honduran TPS recipient to return to work after being fired. The employer terminated the employee when his EAD expired on July 5, 2010. We spoke to the employer and faxed a copy of the Federal Register notice stating that the EADs of TPS beneficiaries from Honduras and Nicaragua are automatically extended until January 5, 2011. OSC explained, per the Federal Register, that no other documentation was needed from the employee at this time. The company reinstated the employee with full back pay for the week the employee did not work.

Fort Worth, TX

On July 16, 2010, OSC completed a hotline intervention, ensuring that a TPS beneficiary could remain employed. The worker, a Salvadoran national, contacted OSC because his employer, a manufacturing company, demanded that he present a new EAD even though his current EAD contains a future expiration date of September 9, 2010. OSC contacted the employer and explained that the DHS extended the validity of EADs held by Salvadorans with TPS until March 9, 2011, and provided the employer a copy of the Federal Register notice announcing the automatic extension. The employer agreed to not request further documentation from the worker.

Falls Church, VA

On July 16, 2010, OSC successfully intervened via telephone on behalf of a Nicaraguan TPS beneficiary whose EAD expired on July 5, 2010, and who was laid off by her employer, a retail store. The worker stated she had the same problem 18 months ago, the last time DHS extended the TPS program. She stated that at that time she had to wait two months before returning to work, because the store would not allow her to return until USCIS issued her a renewal card. She was concerned she would once again lose pay and seniority. OSC contacted corporate counsel, who ensured that the worker was reinstated and put back on the schedule.

Broward, FL

On July 19, 2010, OSC successfully intervened and saved the job of a Nicaraguan TPS beneficiary who lost her job when her EAD expired on July 5, 2010. We shared the Federal Register notice and USCIS Fact Sheet on TPS documentation requirements with the employer, a temporary employment agency, and the employer agreed to reinstate the worker.

Boca Raton, FL

On July 19, 2010, OSC successfully completed a telephone intervention on behalf of a Honduran TPS recipient. The employer fired the worker when it realized that his EAD bore a July 5, 2010, expiration date. The employee attempted to give the employer a letter that he had received from the DHS explaining that his work authorization has been automatically extended. However, the employer refused to accept anything other than a document listed on the Form I-9. We contacted the employer and explained that DHS has authorized the letter, or a copy of the Federal Register announcing the automatic extension, to be used to re-verify the employee’s employment eligibility. As a result, the employer accepted DHS’s letter and a copy of the Federal Register notice, and agreed to immediately reinstate the employee.

Los Angeles, CA

On July 30, 2010, as a result of a successful telephone intervention, OSC ensured the continued receipt of unemployment benefits for a Honduran TPS recipient. The California Labor and Workforce Development Agency (CLWDA) terminated the worker’s unemployment benefits after his EAD expired on July 5, 2010. The state agency believed that the Honduran was no longer eligible to work in the U.S. OSC explained to the general counsel of the CLWDA that DHS has automatically extended the work authorization of Honduran TPS recipients for six months. As a result of the intervention, California will continue to provide unemployment benefits to this worker and all other unemployment benefits recipients who are Honduran TPS holders.

Fairfax, VA

On August 4, 2010, OSC successfully intervened to save the job of an authorized worker. As an applicant for permanent residence, the worker had an EAD. The individual had made a timely application for a new EAD in advance of the EAD’s expiration date, but that document had been lost in the mail. The employer terminated the worker upon expiration of the EAD, and his wife contacted OSC for guidance. OSC guided the individual through the on-line application process for seeking a replacement EAD, and then contacted the employer to provide oral and written information on the acceptability of a USCIS Notice of Action (i.e., Form I-766, or receipt) for a replacement EAD as temporary 90-day evidence of work authorization. Based on OSC’s guidance, the employer re-hired the individual upon his presentation of his receipt for a replacement EAD.

Chicago, IL

On August 9, 2010, OSC successfully completed a telephone intervention and saved the job of a Burmese refugee employed for an employer located within an airport. The refugee received an EAD when he first arrived in the U.S. and presented it to his employer as proof of his employment eligibility when completing his I-9 Form. The worker also presented the EAD as proof of his work-authorized status in order to obtain a Security Identification Display Area (SIDA) airport badge from the airport badging office. When the worker’s EAD expired, he attempted to present his unrestricted Social Security card as proof that he was still eligible for employment, both for I-9 and badging purposes. Although his employer accepted the Social Security card for reverification of his employment eligibility, the airport badging office refused to issue him a new badge, even though the badging requirements permit a refugee to present an unrestricted Social Security card as proof of continued employment eligibility. OSC consulted with counsel for U.S. Customs and Border Protection (CBP) and the airport badging office, and they agreed to issue the worker a new badge.

Burbank, CA

On August 11, 2010, OSC completed a hotline intervention, ensuring that an LPR could begin work with a casting agency. The casting agency rejected the worker’s valid I-9 documentation – a driver’s license, a Form I-551 that had expired on its face, and a Notice of Action extending the validity of the Form I-551 for an additional year. Instead, the agency requested that the employee provide a new Form I-551. OSC contacted the agency and explained that the expired Form I-551 with the Notice of Action is a valid List C document, and the employer agreed to accept the employee’s documents immediately.

Pagosa Springs, CO

On August 20, 2010, OSC intervened on behalf of an American Indian who was refused employment. During the employment eligibility verification (Form I-9) process, the individual presented his driver’s license and Native American Tribal document. However, the employer refused to accept the documents and demanded to see a Social Security card. OSC contacted the employer and explained that a Native American tribal document is a List C document sufficient to establish employment authorization. The employer agreed to allow the individual to work.

East Orange, NJ

On August 20, 2010, OSC successfully intervened to save the job of a LPR, whose employer insisted on seeing a new, unexpired permanent resident care when hers expired. The employer contacted OSC at the insistence of the worker and we explained to the employer that permanent resident cards (also known as green cards) indicate permanent work authorization. The employer allowed the worker to keep her job.

Chicago, IL

On August 20, 2010, OSC successfully completed a telephone intervention, educating an employer about proper Form I-9 procedures and saving the job of an immigrant worker. The employer had planned to terminate an employee with an EAD that was going to expire in the very near future. OSC informed the employer that she must allow the worker to present any document on List A or List C document of the Form I-9 to established continued work authorization. The employer indicated that it would allow the worker to choose what document to present.

Puget Sound, WA

On August 27, 2010, OSC successfully completed a telephone intervention to ensure that a U.S. citizen be interviewed for employment at a military base. The citizen responded to an advertisement for “Fire Watch and General Labor “ at a naval base through a military contractor. During the Form I-9 process, she elected to produce a certified copy of her birth certificate, which was rejected by the employer because it was not an original birth certificate. OSC personnel called the employer explained that that a certified copy of a birth certificate is acceptable proof of work authorization for the Form I-9, and the employer indicated that it would immediately complete the hiring process.

Buena Park, CA

On September 9, 2010, OSC intervened on behalf of a Hispanic LPR and saved his job. For the Form I-9 employment eligibility verification process, the individual presented a current Permanent Resident Card, Form I-551. The employer failed to accept the document because it contained no expiration date. We explained to the the employer that not all LPR cards contain expiration dates and that the document presented by the worker appears on the List of Acceptable Documents on the Form I-9. We also informed the employer that requesting more or different documents may constitute unlawful document abuse discrimination. The employer agreed to accept the document and hire the worker.

Columbus, GA

On September 10, 2010, OSC intervened to save the job of an LPR from Ghana who works as a jet engine mechanic contract worker. His employer notified him that he would not be able to continue working because the contractor would not accept a Form I-797 “Notice of Action” from USCIS extending his permanent resident status for one year, requiring instead that he present a new permanent resident card. We contacted the employer’s human resources officer in Columbus, Georgia, its legal office in East Hartford, Connecticut, and the worker’s supervisor in Atlanta, Georgia, to advise them that a Form I-797 is acceptable for Form I-9 purposes to establish continued employment eligibility. As a result of OSC’s actions, the matter was mutually resolved and the employee had no lapse in employment.

Nashville, TN

On September 13, 2010, as the result of a successful telephone intervention by OSC, a Salvadoran TPS recipient was able to renew her driver’s license and return to work. Tennessee initially refused to renew the worker’s driver’s license because her EAD bears an expiration date of September 9, 2010, and she had not proven that she had registered for a new EAD. We contacted the Tennessee Department of Safety and informed it of DHS’s automatic extension of work authorization for Salvadoran TPS recipients until March 9, 2011. Consequently, the Salvadoran was able to renew her driver’s license and return to work.

Van Nuys, CA

On September 14, 2010, an OSC staffer successfully completed a telephone intervention saving the job of an LPR working for a medical company. The LPR contacted OSC when her employer threatened to suspend on the date that her permanent resident card (green card) was set to expire, unless she could provide a new card. We called the employer to explain that employers may not reverify the employment authorization of LPRs whose permanent resident card expires, and directed the employer to the page in the USCIS Handbook for Employers that explains this. The employer indicated that it would not suspend the worker.

Nashville, TN

On September 17, 2010, as the result of a successful telephone intervention by OSC, a TPS recipient from El Salvador was able to renew her driver’s license and return to work. Tennessee initially refused to renew worker’s driver’s license because her EAD contained an expiration date of September 9, 2010. OSC contacted the Tennessee Department of Safety and faxed the Federal Register notice explaining DHS’s automatic extension of work authorization for Salvadoran TPS recipients. Consequently, the worker was able to renew her driver’s license and return to work.

Long Beach, CA

On September 20, 2010, OSC educated an Unemployment Office (UO) on the use of expired EADs for TPS recipients from El Salvador. During the course of a hotline call, a worker mentioned that the Long Beach, California, UO office was not accepting expired EADs as valid documents, and was therefore denying the unemployment claims of TPS recipients. The OSC attorney called the UO manager to notify her that EADs bearing a September 9, 2010, expiration date for Salvadoran TPS recipients sufficiently establishes work authorization until March 9, 2011. The OSC attorney also e-mailed the Federal Register notice explaining DHS’s automatic extension of the EADs. The manager had been unaware of any TPS extension and stated she would inform her office of the issue in order to prevent further erroneous denial of benefits.

Burbank, CA

On September 24, 2010, as the result of a successful telephone intervention, OSC ensured that unemployment benefits for a Salvadoran TPS recipient were reinstated. The California Labor and Workforce Development Agency (CLWDA) terminated unemployment benefits for the worker after her EAD expired on September 9, 2010. The state agency believed that the TPS recipient was no longer eligible to work in the U.S. OSC explained to the general counsel of the CLWDA that DHS had automatically extended the work authorization of Salvadoran recipients of TPS. As a result of the intervention, California will continue to provide this and all Salvadoran TPS recipients with unemployment benefits.

Hastings-on-Hudson, NY

On September 23, 2010, OSC intervened on behalf of a Jamaican lawful permanent resident. The worker contacted OSC to ask for assistance because her Permanent Resident Card (also known as an Alien Registration Receipt card, Form I-551, Resident Alien Card, and “green card”) had expired, and her employer had taken her off the work schedule after requesting that she provide a new card. OSC informed the employer that Permanent Resident Cards are issued to permanent residents, who are work-authorized incident to their status and regardless of whether the card expires. In addition, employers may not reverify expired Permanent Resident Cards. The employer reinstated the worker.