The anti-discrimination provision of the Immigration and Nationality Act (INA) prohibits unfair documentary practices during the employment eligibility verification (Form I-9) process. In general, employers may not request more or different documents than are required to establish a worker's identity and eligibility to work in the United States or reject documents that appear to be reasonably genuine upon their face. They must accept all documents that are sufficient to complete the form as long as they appear reasonably genuine on their face and relate to the employee. For example, all individuals who possess a driver's license and unrestricted Social Security card may present those documents to satisfy Form I-9 requirements. Similarly, employers may not require aliens to produce "green cards" or United States citizens who appear "foreign" to produce birth certificates. Instead, it is the employee's choice which of the acceptable Form I-9 documents to present.
For further information on the employment eligibility verification (Form I-9) process, visit I-9 Central at: www.uscis.gov/i-9-central.
An anti-discrimination notice and OSC's contact information is listed on both the Form I-9 and its Instructions, and the United States Citizenship and Immigration Service’s (USCIS) Handbook for Employers: Instructions for Completing Form I-9 (M-274).
Employers and workers are encouraged to call OSC’s hotlines, listed below, with questions about discrimination during the employment eligibility verification (Form I-9) process.
Worker Hotline: 1-800-255-7688
Employer Hotline: 1-800-255-8155
Teletypewriter (TTY): 202-616-5525 & 1-800-237-2515
Below are descriptions and links to guidance regarding additional issues that may arise during the employment eligibility verification process.
E-Verify is an electronic employment eligibility program administered by DHS and the Social Security Administration (SSA). Contact information for OSC is included in E-Verify materials for workers who believe they have suffered discrimination based on their national origin or citizenship status during the E-Verify process. OSC cooperates with DHS and SSA in educating employers and workers about the E-Verify process and the rights and responsibilities of workers and employers during the process.
To learn more about using E-Verify properly, visit USCIS's E-Verify website: www.uscis.gov/e-verify.
|VIDEOS DEMONSTRATING THE E-VERIFY PROCESS
The Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services, in collaboration with DHS’s Office for Civil Rights and Civil Liberties, has released two videos about the E-Verify process aimed at employers and employees. “Know Your Rights: Employee Rights and Responsibilities”, aimed at employees and “Understanding E-Verify: Employer Responsibilities and Worker Rights,” aimed at employers.
To view both videos, click here.
To view “Know Your Rights: Employee Rights and Responsibilities” in Spanish, click here.
For more information about these videos, visit E-Verify's web site.
Social Security Number Resources
OSC SSN No-Match and SSN Guidance: