OSC Hotline Intervention Summaries

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OSC's Telephone Intervention Program

OSC’s telephone intervention program is an innovative form of alternative dispute resolution. It allows a caller to OSC’s worker or employer hotline to work informally with OSC’s staff to resolve potential immigration-related employment disputes within hours or minutes, rather than months, without contested litigation. Employers love the program because it saves them time and money. Workers love the program because it keeps them on the job.

FY2010

On October 7, 2009, OSC successfully completed a telephone intervention and assisted a LPR from Mexico to begin work at a meat processing plant. The employer routinely runs E-Verify queries on new hires prior to their first day of work. The worker’s permanent resident card showed his first name as “J” while his Social Security card showed his first name as “Roberto,” so he was issued an SSA notice of tentative nonconfirmation (TNC). He contested the TNC and visited the Social Security office to correct his name in SSA’s records. Over two weeks later, the employer continued to refuse to permit him to begin work. We called the employer and the USCIS and learned E-Verify had issued a message stating “Initiate New Query.” While, USCIS could not explain the meaning of this message, it agreed to call the employer and advise it to invalidate the first query and run a second query identical to the first one. We also explained to the employer that it may not postpone employee start dates, or take any adverse action against an employee who contests a TNC. The employer stated the delay in this employee’s case was due to other background tests and not his E-verify status. The employee is scheduled for the next available orientation. (Newberry, SC).

On October 21, 2009, the Office of Special Counsel (OSC) successfully completed a telephone intervention and saved the job of a worker with lawful permanent resident status. The worker received an tentative non-confirmation of work authorization (TNC) from E-Verify, the electronic employment eligibility system administered by the Department of Homeland Security (DHS). The worker was told by the local Social Security Administration (SSA) office that it would not update her information in the SSA database until she obtained a new permanent resident card because the version that the worker possesses bears no expiration date. The employer contacted OSC because it was concerned about receiving an E-Verify erroneous final non-confirmation if the worker is unable to obtain a new I-551 within the time permitted. OSC explained that E-Verify allows employers to select to resolve a final non-confirmation without terminating the employee by selecting the “Employee Not Terminated” box in the “Resolve Options” section, and we suggested that the employer contact DHS for further guidance. The employer chose not to terminate the worker. (Black Creek, GA)

On October 21, 2009, OSC successfully completed a telephone intervention and assisted a worker in obtaining employment. A worker called OSC because he received an erroneous final nonconfirmation (FNC) from his new employer, who uses E-Verify. The worker, a U.S. citizen, presented a driver’s license and Social Security card when he completed the Form I-9, but when his information was submitted to E-Verify he received a tentative nonconfirmation (TNC). The worker contested the TNC and received a referral to the Social Security Administration to correct the information in his record. When the worker subsequently received a FNC, he called OSC to ask why he had received a FNC even though he contested the TNC, is a U.S. Citizen, and has a valid passport and Social Security card. We assisted the worker in contacting the Social Security Administration. The worker was told that as a derived citizen, who became a U.S. citizen while a child by virtue of his parents’ naturalized citizenship status, his Social Security record had never been updated to reflect that he is a U.S. citizen. The worker updated his record at the Social Security Administration and is now working. (Chicago, Il)

On October 23, 2009, OSC successfully completed a telephone intervention and saved the job of a LPR. The staffing agency for which the LPR worked submitted the employee’s information to E-Verify using an incorrect alien number, which caused E-Verify to issue a TNC. The employee contacted DHS to resolve the discrepancy, and then presented evidence to the employer of the correct alien number. However, the employer failed to invalidate the faulty query in the E-Verify system, resulting in a final nonconfirmation for the employee, which led to her termination. When OSC contacted the staffing agency, it promptly reassigned the employee and initiated a new query with E-Verify using the correct alien number. The staffing agency also indicated that it would pay the employee back pay for the time she was off work.( Charlotte, NC)

On October 27, 2009, OSC successfully completed a telephone intervention and saved the job of a U.S. citizen. The worker received an E-Verify TNC and was told that she could not return to work until the TNC was resolved. She was also told that she would not lose any pay during this time. We explained to the employer that the E-Verify user agreement states that an employer may not take any adverse action against an employee based unless the program issues a final non-confirmation. The employer then decided to allow the employee to return to work. (Atlanta, GA)

On October 28, 2009, OSC successfully completed a telephone intervention and saved the job of an asylee. For employment eligibility verification (form I-9) purposes, the asylee presented an unrestricted Social Security card. However, the employer believed that it could not accept the card because the worker is not a U.S. citizen or LPR. We explained that asylees, like citizens and LPRs, are work authorized incident to their status and provided the employer with educational materials. The employer agreed to accept the worker’s Social Security card and allowed the worker to continue her employment. (Nashville, TN)

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.(Port Townsend, WA)

On October 30, 2009, OSC successfully completed a telephone intervention and saved the job of a worker with LPR status. The worker presented a Social Security Card, driver’s license, and permanent resident card during the Form I-9 process at the time of hire. The employer subsequently attempted to reverify the LPR and told her that she would be terminated if she failed to present a stamp on her passport; a valid, unexpired permanent resident card; and a List C document by November 1, 2009, the expiration date on the lawful permanent resident card that she presented at the time of hire. We explained to the employer that work authorization for LPRs should not be re-verified. We also explained that employers may request specific documents during the employment eligibility verification process. The employer decided not to terminate the employee and requested OSC outreach materials. (Philadelphia, PA)

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 re­verified upon expiration. The employer then permitted the LPR to continue working. (Dallas, TX)

On November 6, 2009, an OSC attorney successfully completed a telephone intervention and saved the job of an asylee, who is a Sierra Leone national. The worker, who works for Washington Metropolitan Area Transit Authority (WMATA), contacted OSC’s worker hotline and informed the OSC attorney that WMATA was conducting a Form I-9 audit. The worker presented an unrestricted Social Security card but was told that he needed to present a List A document because he is neither a U.S. citizen nor a lawful permanent resident (LPR). The OSC attorney contacted the employer and explained to a WMATA representative that asylees, like citizens and LPRs, are work authorized incident to their status. WMATA agreed to accept the worker’s Social Security card and allowed the worker to continue his employment. (Washington, DC)

On November 6, 2009, an OSC attorney successfully completed a telephone intervention and saved the job of a newly-naturalized U.S. citizen. The U.S. citizen was hired by Best Buy, a national electronics retailer, and was not allowed to start work after his employer received a tentative non-confirmation (TNC) from E-Verify, the electronic employment eligibility verification system administered by the U.S. Department of Homeland Security. The OSC attorney contacted the employer and informed the employer that it must allow the U.S. citizen time to correct the TNC in accordance with E-Verify rules, and to allow the worker to continue to work while resolving the TNC. Best Buy allowed the U.S. citizen to continue to work while resolving the TNC. (Winston-Salem, NC)

On November 10, 2009, OSC successfully completed a telephone intervention and saved the job of a U.S. citizen whose employer received an erroneous Final Non-confirmation via E-Verify. The worker was adopted at age three and naturalized soon thereafter. As a child, she did not inform the Social Security Administration that she had naturalized. When she visited SSA with her E-Verify referral letter, the SSA official informed her he was unable to update her record to reflect that she is a U.S. citizen, and he needed to mail copies of all her documents to the SSA office in Los Angeles. He told her it would take 30 to 45 days for her record to be updated. E-Verify issued a Final Non-confirmation after 10 days because the SSA official neglected to place the worker’s E-Verify case in continuance, as he is required to do in such situations. OSC set up a conference call with the worker, employer and the E-Verify Customer Contact Operations Branch, in order to allow E-Verify to explain to the employer that the Final Non-confirmation was erroneous, and that the employer could invalidate the query and run the data through E-Verify again. The employee was allowed to return to work. (Cincinnati, OH)

On November 10, 2009, OSC successfully completed a telephone intervention and saved the job of a U.S. citizen who was terminated after her employer, an electronics manufacturer, received an erroneous E-Verify Final Non-confirmation. E-Verify first issued a Tentative Non-confirmation because Social Security records still showed the worker was a Lawful Permanent Resident, (LPR), not a U.S. citizen (she naturalized nearly 20 years ago). The worker contested the TNC and her employer then issued a referral letter. The referral letter instructed her to visit her local SSA office with proof of her citizenship status within eight federal work days. She immediately visited her local SSA office with her naturalization certificate, but at that time the SSA office neither updated its main records system (NUMIDENT) nor the E-Verify system (EV-Star) to reflect that the worker had been to SSA and had demonstrated proof of U.S. citizenship. As a result, the Final Non-confirmation was issued and the worker’s employment was terminated. The worker was afraid she had lost her legal status to remain in the U.S., as she was being told she was ineligible to work and feared she would next be deported to her country of origin (Vietnam). She consulted an attorney who called OSC. OSC made numerous phone calls to various officials at E-Verify and DHS faxed a letter to the employer saying the Final Non-confirmation was erroneous. The employer allowed the worker to return to her job. (Rochester, MN)

On November 10, 2009, OSC successfully completed a telephone intervention and saved the job of a Burmese refugee. The refugee was working as a supermarket cashier until she was terminated due to the expiration of her Employment Authorization Card (EAD). A refugee services agency called OSC after unsuccessfully trying to explain to the employer that refugees are employment authorized incident to their status as refugees, and they do not need to possess an unexpired EAD from the Department of Homeland Security (DHS); rather they may present unrestricted Social Security cards as proof of their work authorization. OSC contacted the employer, highlighting portions of the USCIS Handbook for Employers that pertained to refugee employment eligibility. The supermarket called the employee and offered her job back. (Wellesley, MA)

On November 12, 2009, an OSC attorney intervened on behalf of a refugee and saved her job. The individual had a driver's license and an unrestricted social security card, but the employer stated that it could not hire her unless she presented a "green card" (Permanent Resident Card). The OSC attorney contacted the employer and explained that the combination of a driver's license and unrestricted social security card suffices to establish both identity and employment authorization; no additional documentation is needed. The employer then allowed the individual to work. (Philadelphia, PA)

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. (Yukon, OK)

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. (Chicago, IL)

On December 1, 2009, OSC successfully completed a telephone intervention and saved the job of an Ethiopian refugee. The worker showed her employer an employment authorization document (EAD) that was about to expire a few days after her projected start date. When the employer insisted on seeing a renewed EAD, the worker also furnished an unrestricted Social Security card and I-94 with a refugee stamp, which are both List C documents that evidence employment eligibility. However, the employer continued to insist that the worker present a renewed EAD. OSC contacted counsel for the employer, a hotel and casino chain, and explained that refugees may present unrestricted Social Security cards both during initial verification and re-verification of employment eligibility. The employer agreed to accept the documents and permit the refugee to begin work. (Las Vegas)

On December 18, 2009, OSC successfully completed a telephone intervention, enabling a U.S. citizen to continue working. The worker called OSC concerned that her employer was not properly following proper procedures in using E-Verify, the electronic employment eligibility verification system administered by the Department of Homeland Security (DHS). The employer, a federal contractor, ran existing employees through E-Verify and those employees who received tentative nonconfirmations (TNCs) were not given the option of contesting the TNC, did not receive referral notices, and were told that they could not continue working. After OSC spoke with the employer, the employees were allowed to return to work, provided with their TNCs, allowed to contest the TNCs, and given referral notices if they chose to contest the TNCs. The U.S. citizen worker is still working. (Norfolk, VA)


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. (Raleigh, NC)


On December 23, 2009, OSC successfully completed a telephone intervention, enabling a lawful permanent resident to continue working. An employer who uses E-Verify called OSC because it received an E-Verify status report that an employee who had chosen to contest a DHS TNC was a DHS No-Show. The employer was concerned because it knew that the employee had called DHS to resolve the TNC. With OSC’s assistance, communications were initiated between the employer and DHS, the employee’s work authorization was verified, and the employee continues to work. (Mesquite, TX)

On December 30, 2009, OSC successfully completed a telephone intervention, enabling an asylee to begin working. The asylee called OSC concerned that his new employer requested to see additional documents, even though the asylee had already presented his unrestricted Social Security card and driver’s license. Furthermore, the employer requested the documents before offering the job to the asylee, stating that she felt it necessary to take precautionary measures because she had never before hired an asylee. OSC called the employer to explain that asylees are work authorized incident to status and that employers can only demand to see documents during the I-9 process–after a job offer has been made. The asylee is now working. (New York, NY)

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. (Kilauea, HI)

On January 11, 2010, OSC successfully completed a telephone intervention and saved the job of an asylee. When originally hired, the worker had not yet been granted asylum and presented an Employment Authorization Document (EAD) issued by DHS that contained an expiration date. Upon the expiration of the EAD, the employer initiated the reverification process and demanded that the worker — who had since been granted asylum — present a new, unexpired EAD. It refused to accept the unrestricted Social Security card presented by the asylee and fired the worker. OSC called the employer and explained that asylees are work authorized incident to status. In response, the employer accepted the Social Security card and rehired the asylee. (New York, NY)

On January 20, 2010, OSC completed a telephone intervention that allowed a Cameroonian asylee to return to his job as a security guard. He is licensed in the District of Columbia but the Maryland State Police (MSP) rejected his application for a Maryland security guard license because he did not include a Form I-9 compliant work authorization document. MSP asked the employer to re-submit the application, but that the employer failed to do this and fired the asylee. After speaking to the asylee, OSC contacted the employer to explain that the asylee possesses an unrestricted Social Security card, which is sufficient to prove employment eligibility (an unrestricted Social Security card). The employer indicated that it would re-submit the MSP license application. It also rehired the worker for an assignment in Washington, DC, where he will work until he receives a badge from MSP. (Temple Hills, MD)

On January 21, 2010, OSC successfully completed a telephone intervention allowing a lawful permanent resident (LPR) to be reinstated. The worker’s employer, a federal contractor, asked the LPR to fill out a new Form I-9 before verifying the employee’s information through E-Verify, an electronic employment eligibility verification system administered by the Department of Homeland Security (DHS). When the LPR filled out the new Form I-9, she mistakenly checked the box for “citizen or national of the United States.” The E-Verify query resulted in a Social Security Administration (SSA) tentative non-confirmation (TNC). The employer subsequently received a final non-confirmation from E-Verify and terminated the employee. After OSC pointed out the mistake to the employer, the employer re-ran the employee through E-Verify as a lawful permanent resident. The new E-Verify query resulted in confirmation and reinstatement of the employee. (Oakland, CA)


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. (Tampa, FL.

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. (Birmingham, AL)

On January 23, 2010, OSC successfully completed a telephone intervention and saved the job of a worker with lawful permanent resident status, whose employer uses E-Verify, the electronic employment eligibility verification process administered by the Department of Homeland Security (DHS). The worker received an E-Verify Social Security Administration (SSA) tentative non-confirmation (TNC) after he incorrectly completed the Form I-9. The worker told OSC that he knew he had made a mistake, but did not know how to correct it. We explained to the worker how to correctly complete the Form I-9 and contacted the employer to ask if it would allow the worker to correct his mistake on the Form I-9. The employer allowed the worker to correct his mistake and instituted a new E-Verify query based on the correct information. (Tulsa, OK)

On January 26, 2010, OSC successfully completed a telephone intervention and assisted a Nepalese refugee apply for a housekeeping job with a hotel group. The hotel groupconducts a background check on all applicants. The worker’s background check results stated the worker’s Social Security Number “has not been issued by the SSA.” The worker had not yet been hired, so she had not filled out an I-9 form or presented documents; she did, however, possess a Social Security card and included her Social Security number on her application. The refugee service provider charged with finding the worker employment called OSC and explained that several other refugees have similarly been rejected by this hotel group. We contacted the employer, and the background check company subsequently acknowledged to the employer that its Social Security information was not up to date and that the worker’s application should not have been rejected. As a result, the employer agreed not only to interview the worker but also to refrain from making employment decisions based on reports that Social Security numbers have not been issued, without first following up with the employee and/or the refugee service provider. (Albany, NY)

On January 26, 2010, OSC successfully completed a telephone intervention and saved the job of a refugee. When originally hired, the worker presented an employment authorization document (EAD) that was issued by DHS and contained an expiration date. Upon the expiration of the EAD, the employer initiated the reverification process and demanded that the worker present a new, unexpired EAD. The employer refused to accept the unrestricted Social Security card presented by the refugee and fired the worker. We called the employer and explained that an unrestricted social security card is acceptable documentation to reverify a worker’s employment eligibility. In response, the employer accepted the Social Security card and rehired the worker. (St. Joseph, MI)

On January 26, 2010, OSC successfully completed a telephone intervention on behalf of a lawful permanent resident. The employer, a cable installer, participates in E-Verify. The LPR, who immigrated from England as a child but has not yet naturalized, mistakenly noted that he was a citizen on his Form I-9. Consequently, E-Verify issued a TNC. The worker complained that his manager terminated his employment because he had failed to contest the TNC on the day, but came in to sign it on the following day. Approximately three weeks later, the worker received the TNC via certified mail from the employer’s corporate headquarters, along with a letter stating he needed to contest and return the TNC, or else the company would “accept the non receipt as a voluntary resignation of your position.” After speaking to OSC, the worker decided to contest the TNC. OSC also spoke to the employer via counsel to ensure that the employer is aware of proper E-Verify procedures. The employer subsequently paid the LPR for the six weeks he was not allowed to work following receipt of the TNC and permitted him to start work. (Wheaton, IL)

On January 27, 2010, OSC successfully completed a telephone intervention enabling a U.S. citizen employee to begin training for her position. During the E-Verify process, the employee received a TNC. The employee went to the Social Security Administration (SSA) and learned that she needed to produce a marriage certificate since she never notified SSA of her name change. One week after she went to the SSA, the E-Verify system had not yet updated her information. During the waiting period from the time that the employee receives a TNC until the E-Verify system acknowledges the SSA update, the employee was not being allowed to participate in the required two-week training prior to beginning work. OSC contacted the employer and explained that the delay in training constitutes an adverse action against the employee. As a result, the employer called the employee to report to her training and stated that in the future it will not delay training or an employment start date for employees who receive a TNC. (Duluth, GA)

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. (Falls Church, VA)

On January 29, 2010, OSC successfully completed a telephone intervention and helped a U.S. citizen return to work. After the worker received and contested a TNC in E-Verify, his employer did not allow him to return to work and did not issue a referral notice to the Social Security Administration, in contravention of E-Verify procedures. We contacted the employer to explain how to initiate a referral and that E-Verify rules provide that no adverse action may be taken against an employee who is attempting to resolve a TNC. The employer issued the referral notice and scheduled the employee for training. (Houston, TX )

On January 29, 2010, OSC successfully completed a telephone intervention and saved the job of a Honduran national with Temporary Protected Status (TPS). Honduran TPS was extended through July 5, 2010, but USCIS issued the worker an Employment Authorization Document (EAD) that expired five months early, on February 5, 2010. The worker, following directions that USCIS provided in a letter explaining the error, returned his card to USCIS in order to receive a replacement EAD. He never received the EAD because USCIS had the wrong address on file. OSC explained to the employer that it should use the letter from USCIS as proof of employment authorization, since the letter stated the correct expiration date. The employer agreed to allow the worker to continue working until July 5, 2010. (Pala, CA)

On January 29, 2010, OSC successfully completed a telephone intervention and saved the job of an Egyptian national and refugee. The refugee was hired to work for Jack in the Box, a national restaurant chain, but was not allowed to start work after receiving a tentative non-confirmation (TNC) from E-Verify – an electronic employment eligibility verification program administered by the Department of Homeland Security. The TNC was the result of the restaurant manager misspelling the refugee’s first name when the manager submitted the E-Verify query. OSC contacted Jack in the Box’s counsel to inform him about the error and to explain that Jack in the Box must allow the refugee time to correct the TNC; additionally, the employer must allow the refugee to remain employed while resolving the TNC. The TNC was resolved, and the refugee was allowed to work. (Seattle, WA)

On February 4, 2010, OSC successfully completed two telephone interventions and helped two Jack-in-the-Box store employees to continue working. Both workers – a permanent resident from Iran and a U.S. citizen from Guam – received TNCs from E-Verify based on data entry errors. Their store managers told them to “resolve their E-Verify issues” or they would not be able to keep working. We called the store managers and regional payroll office to explain that, under proper E-Verify procedures, the queries should be invalidated because they contain data entry errors and would become erroneous final non-confirmations. The employer invalidated the queries and then submitted new, correct queries. As a result, E-Verify generated “employment authorized” results for both employees. (Seattle, WA )

On February 12, 2010, OSC successfully completed a telephone intervention that saved the job of a U.S. citizen. The employer uses E-Verify, the electronic employment eligibility verification system administered by the Department of Homeland Security (DHS). Although the employer has federal government contracts, it was relying on a designated agent to run its E-Verify queries, and DHS’ records did not reflect the employer’s status as a “federal contractor.” (Only E-Verify enrollees that have registered as “federal contractors” are permitted to run current employees through E-Verify.) Through its designated agent, the employer verified the employee, who had been working for the employer since November 2001. E-Verify generated a Social Security Administration (SSA) tentative nonconfirmation (TNC) for the employee, and the employee contested the TNC. Although the employee visited SSA in a timely fashion, SSA failed to properly extend the time for resolving the TNC. Thus, E-Verify generated a final nonconfirmation (FNC), resulting in the employer terminating the employee. OSC contacted the employer’s counsel to alert it to the problem. The employer immediately rehired the employee and restored his lost benefits and pay. The employer will also amend its E-Verify registration to reflect its federal contractor status. (East Providence, RI )

On February 12, 2010, OSC successfully completed a telephone intervention and ensured that a worker on a student visa was paid for the time that he should have been allowed to work. The worker was hired for a temporary position at a University bookstore that participates in the E-Verify program. The worker’s information was run through E-Verify, and a TNC was generated. When E-Verify issued the TNC, the worker noticed that the alien number he had provided on his Form I-9, which was subsequently entered into E-Verify, was incorrect and therefore likely leading to the TNC. The employer told the worker that he could not begin working until he had resolved the E-Verify issue. We explained to the employer that under E-Verify rules, employees who are contesting a TNC must be allowed to continue working during while they are contesting the TNC. The employer agreed to retrain the managers responsible for running E-Verify queries, and the worker was paid for the time that he would have been employed by the bookstore. (Mercer, NJ)

On February 12, 2010, OSC successfully completed a telephone intervention and helped a worker on a student visa get paid for time that he worked. The employer, a university bookstore, is a participant in the E-Verify program. The worker called OSC’s hotline to report that after he had worked for the three days, he was told that E-Verify had issued a TNC for him. The employer also told him that he could not be paid for the three days that he had worked until he resolved the problem with SSA. OSC contacted the employer and explained the procedure prescribed by the E-Verify program for notifying employees of a TNC. The employee was paid for the time that he had worked, and the employer retrained the managers responsible for running E-Verify queries. (Washington, DC)

On February 16, 2010, OSC successfully completed a telephone intervention and saved the job of a lawful permanent resident originally from Mexico. Without consulting with the worker, the employer, a staffing agency that participates in E-Verify, made an entry in the E-Verify system indicating that the worker did not wish to contest her TNC. OSC contacted the employer’s compliance officer who ensured us that the staffing agency’s branch office would allow the worker to contest her TNC and continue working. However, the employer did not print a referral letter containing instructions for contacting the DHS status verifier by phone. Instead, the employer mistakenly instructed the worker to visit the local USCIS office. Since the worker did not have the proper instructions about how to resolve the TNC, E-Verify generated a final non-confirmation based on a “DHS no show,” and the employer terminated the worker. Although DHS has a procedure whereby it overrides erroneous final non-confirmations via a letter called a “third-step letter,” in this case DHS called the employer’s compliance officer to inform him that the worker is authorized to work. The worker now shows as “employment authorized” in the staffing agency’s database and is awaiting a work assignment. (Fairfield, 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. (Los Angeles, CA)

On February 18, 2010, OSC successfully completed a telephone intervention and saved the job of an asylee from Ethiopia who works at Dulles International 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. (Dulles, VA)

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. (Fairbanks, AK)

On February 26, 2010, OSC successfully completed a telephone intervention and saved the job of an Iraqi asylee. The asylee presented an employment authorization document (EAD) from the U.S. Department of Homeland Security, however, his employer would not allow him to begin working because he had not yet received a Social Security number. OSC shared guidance from the IRS with the employer, explaining how to report wages for employees who have applied for Social Security numbers. After receiving the guidance, the employer allowed the asylee to commence his work at the hotel. (New Haven, CT)

On March 1, 2010, OSC successfully completed a telephone intervention and saved the job of an Eritrean asylee who works at Safeway supermarket. When his Employment Authorization Document (EAD) expired, the store manager advised him that his unrestricted Social Security card did not appear to be acceptable proof of his continuing eligibility for employment and took him off of the schedule. When the worker called OSC he had already lost two days of work. OSC contacted counsel who agreed that the worker should be immediately reinstated and paid for the two days of work he lost. (Alexandria, VA)

On March 1, 2010, OSC successfully completed a telephone intervention and saved the job of a U.S. citizen who received an E-Verify Final Non-confirmation (FNC). The employer is running E-Verify queries on all of its current employees because it has a contract with a federal agency that requires the use of E-Verify. When the human resources representative gave the worker the Referral letter (the worker had changed her name and gender and had not yet updated her records with SSA), she instructed the worker to provide the company with documents evidencing that SSA was updating its records within 30 days. The worker did not read the referral letter, so she did not realize she actually had only 8 federal work days to visit the SSA; as a result, the E-Verify system issued an FNC response, and the worker was suspended. OSC spoke to counsel for the company and explained that if an employer knows that an employee is work authorized, it may choose to retain the employee; the only requirement is that the employer notify DHS that it is retaining the employee. Counsel was reluctant to allow the worker to return to work because he believed continuing to employ workers who receive FNCs would increase the risk that the company would be targeted for an ICE audit. After consulting with OSC and the DHS Verification Division, the counsel advised the company to reinstate the worker. She is now back to work. (Chicago, IL)

On March 2, 2010, OSC successfully completed a second telephone intervention and saved the job of a U.S. citizen who received an erroneous Final Non-confirmation (FNC). The employee, who works in the wholesale distribution division of Home Depot, received a Tentative Non-confirmation (TNC) with the reason, “SSA unable to confirm U.S. citizenship.” When the worker visited her local SSA office the first time, she brought her expired U.S. passport as proof of her citizenship. The SSA representative told her the expired passport was unacceptable as proof of her citizenship and instructed her to return to SSA with her birth certificate. When she returned with her Honduran birth certificate, she was told she needed to prove her U.S. citizenship and needs to return once again with her naturalization certificate. When she returned with her naturalization certificate, she was told SSA still could not update her record unless she brought one other form of identification because her passport had expired. Each time the employee visited SSA, the office failed to put her case in continuance. An FNC resulted and she was terminated from her employment after her employer told her “the government says you are illegal to work here.” OSC called the employer to explain what appeared to be the error. The employer said the company would be willing to employ the worker if E-Verify would acknowledge that the worker is employment authorized. OSC contacted DHS in order for a letter to be issued to the employer stating the worker is employment authorized. The employer notified the worker that she can start working on Monday, March 8. (Brooklyn, NY )
ID City, State Date Atty/EOS 52

On March 2, 2010, OSC successfully completed a telphone intervention and saved the job of a naturalized U.S. citizen originally from Mexico. The worker, who was a permanent resident from 1963 to 1997 when he became a U.S. citizen, received an erroneous Final Non-confirmation FNC) via the E-Verify system. He began working as a journeyman ironworker at a large engineering, construction and project management firm. When the complany, a federal contractor, attempted to verify his employment eligibility thorugh E-Verify, a TNC resulted with the reason "SSA unable to confirm U.S. citizenship". He received a referral letter and visited his local SSA office. SSA provided him a leetter stating that he had applied for a new social Security number, but explained it wuold take up to 4 weeks to issue a card while SSA verified the document her presented to show his U.S> citiznehip (his naturalized certificate). When OSC called the SSA office, the representative informed OSC that she did not update the workers' SSA record because she had to verify the naturalization certificate he prsented was authentic. The SSA REPRESENTATIVE should have made an entry in the EV-Star systme to place his case in continuance. Because she failed to do so, the system generated an erroneous final Non-confirmation, indicating that the employee is not work authorized. The employer then terminated the worker. Before calling OSC, the worker went to his local USCIS office in Yakima, WA, said it would take four weeks to order his file from Seattle in order to update USCIS records. OSC contacted DHS headquarters and DHS informed the employwer that the worker is indeed employment authorized. The DHS form letter states the employer should allow the employee to return to work. The employer agreed to allow the worker to return to work. (Richland, WA)

On March 3, 2010, OSC successfully intervened in order to allow a U.S. citizen to continue his job at United Parcel Service after he received a FNC via E-Verify. SSA records reflected the incorrect year of birth for this worker, who is a naturalized citizen. When he visited the SSA office after receiving a referral letter, the SSA office told him that he needed to show them his naturalization certificate. Unfortunately, he did not have the certificate in his possession, so he had to applied for a copy of the certificate from DHS. However, SSA failed to make an entry into the EV-Star system to indicate the case was pending, so an FNC issued. UPS then suspended the worker, invalidated the original query and initiated a new query. When OSC was contacted and learned the facts, we called the SSA field office and explained how to make the case “pending” so that it would not turn into a FNC; instead, it would stay as “SSA Case in Continuance”. The worker was allowed to return to work once E-Verify showed the case in continuance. Meanwhile, DHS promises to ensure speedy processing of his application for a naturalization certificate. (Philadelphia, PA)
ID City, State Date Atty/EOS 54

On March 11, 2010, OSC successfully completed a telephone intervention and saved the job of a naturalized U.S. citizen originally from Guyana. The worker, who had been working with Cummins Power Generation since December 2001, was required to complete a new I-9 form because his employer is a federal contractor and must participate in E-Verify. The worker, who only has a first name and no middle or last name, showed the employer his unrestricted Social Security card and State ID, along with his naturalization certificate. The employer entered the same name in both the first and last name fields, which resulted in a TNC. The worker received a referral letter to the Social Security Administration (SSA) and visited his local SSA office. However, SSA did not make the required entry into EV-Star which would have alerted the employer to check its records, so E-Verify issued an FNC. The employer then contacted E-Verify customer service, which advised the employer to invalidate the query. However, the employer uses a Web services software, Lexis-Nexis, to access E-Verify, which does not allow an employer to invalidate a query once an FNC has been issued. When the employer received the FNC, the only options it could select were “terminate” or “not terminate.” Therefore, the employer terminated the worker and took his badge away. After OSC was contacted, we asked an E-Verify representative to run the query on the worker correctly, by entering “unknown” in the Last Name field. E-Verify then issued an “employment authorized” response. As a result, the employer decided to resolve the case in Lexis-Nexis by selecting “not terminate” and permit the employee to return to work. (Minneapolis, MN)

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. (Phoenix, AZ)

On March 12, 2010, OSC successfully completed a telephone intervention and prevented a lawful permanent resident from losing his job at a restaurant due to employer misuse of an E-Verify web services program. After the employer provided the worker with a DHS referral letter, the worker followed the instructions on the letter and called DHS. The worker said DHS told him that they could not find his information in the E-Verify system and advised him to call OSC. OSC then called the DHS status verifiers on a conference call with the worker and learned the case had not yet been initiated. DHS headquarters was also unable to help and insisted that the worker could not possibly have a referral letter; instead, DHS claimed, he must have had only the initial notice of tentative non-confirmation (TNC). OSC learned from the web services provider that, unlike the standard E-Verify process where the case is first referred before the employer may print the referral letter, in a web services program the employer first prints the notice and then must make two more entries in the system before the case is referred. OSC called the employer, guided him through the necessary steps, and explained that he should not take adverse action against the employee unless a final non-confirmation (FNC) is issued. (Houston, TX)

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. (Springfield, VA )

On March 18, 2010, OSC successfully completed a telephone intervention and saved the job of a legal permanent resident (LPR). A human resources (HR) firm contracted by the employer informed the employer that the worker should not be permitted to work until he provided acceptable documents for Form I-9 purposes. The HR firm was unwilling to accept the LPR’s expired I-551 stamp in conjunction with his DHS Form 797 as proof of work authorization because it believed that the Form 797 had be accompanied by a Permanent Resident Card. OSC called the HR firm to explain that the documentation presented by the worker for Form I-9 purposes. The HR firm subsequently agreed and permitted the worker was permitted to return to start work. (San Antonio, TX)


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. (West Haven, CT)

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. (Hialeah, FL)

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. (New York, NY)

On March 24, 2010, OSC saved the job of a Congolese asylee whose employer requested further documentation when his employment authorization document expired. OSC called his employer to provide information about accepting a Form I-94 with an asylum stamp, as explained in the Handbook for Employers. The employer agreed to accept his I-94 as proof of his employment authorization, and the asylee is still working. (Dallas, TX)

On March 26, 2010, OSC successfully completed a telephone intervention and saved the job of a lawful permanent resident who received an E-Verify final non-confirmation (FNC). The employer, a federal contractor that has opted to verify its entire workforce through E-Verify, entered the wrong year of birth for the employee. The employee contested the tentative non-confirmation (TNC) and received a referral to the Department of Homeland Security (DHS). Although the worker notified the employer that the wrong date of birth was entered into E-Verify, the employer did not invalidate the query. The worker claimed that he followed the instructions on the referral letter and called the number for the status verifiers at DHS, who told him to go to his local USCIS office. However, the E-Verify query developed into a “DHS no show” – as though he never called the status verifiers – and a FNC was issued. OSC called the DHS status verifiers with the worker and ensured that a letter be issued to the employer explaining that the worker is authorized to work. The worker returned to work two days later. (Torrance, CA)

On March 31, 2010, OSC successfully completed a telephone intervention and helped a Liberian citizen under the Liberian Deferred Enforced Deportation (DED) Program keep her job. The program was scheduled to expire on March 31, 2010. However, on the eve of its expiration, President Obama extended the program to September 30, 2011. President Obama extended the program to September 30, 2011. On March 30, 2010, DHS published a notice in the Federal Register that automatically extended the validity of Liberians’ employment authorization documents (EADs) bearing an expiration date of March 31, 2010, to September 30, 2010. On March 31, 2010, a health care employer called OSC for guidance on whether it could continue to employ a Liberian despite the expiration of her EAD. We explained to the employer that the Liberian DED Program has been extended, directed the employer to the DHS Federal Register notice, and explained the process for updating the worker’s Form I-9. Based on OSC’s guidance, the employer allowed the Liberian DED recipient to continue working without interruption. (Columbia, MD)

On April 1, 2010, OSC helped UPS avoid an E-Verify FNC. When the worker told UPS that she made an error entering her name in the TALX electronic I-9 (her Social Security record and driver’s license show her last name as one word, but she uses a space to separate two parts of her surname), UPS told her that there was nothing could be done to change the E-Verify query and that she should visit SSA. We called UPS and explained that this could result in a FNC, and that the proper course of action would be to resolve the case as an “invalid query” and re-enter the query with the official spelling. UPS agreed, and E-Verify generated an “employment authorized” response. (Baltimore, MD)

On April 1, 2010, OSC successfully completed a telephone intervention and saved the job of a U.S. citizen originally from Iran for whom the E-Verify system generated a FNC. The worker received and contested a TNC with the reason “SSA unable to confirm U.S. citizenship.” He visited SSA the next day, but since he had misplaced his naturalization certificate, the SSA representative told him there was nothing SSA could do for him. In fact, the SSA representative should have selected “SSA Action Pending, Documents Requested” in the system that SSA uses to interface with E-Verify. Because the SSA office failed to make this entry, E-Verify generated an FNC, and the employee was terminated. We first called the SSA local office to explain to the office manager that SSA should have placed the case in pending status. The manager insisted that SSA could not put a case in pending status without seeing proof of citizenship status. We asked the USCIS status verifiers to issue a letter to the employer explaining that the worker is authorized to work, which it did immediately, and the worker was called back into work. Finally, we also made the SSA Operations Division aware of the misunderstanding at the SSA office. (Frederick, MD)

On April 2, 2010, OSC successfully completed a telephone intervention and saved the job of a U.S. citizen who received a final non-confirmation (FNC) from E-Verify because SSA failed to put his E-Verify case in pending status. When he first received his Social Security card, SSA listed his mother’s maiden name as his last name, instead of his father’s surname. A TNC resulted because he entered the correct surname in the electronic I-9 that he submitted to his employer, United Parcel Service (UPS), which has opted to verify the status of its more than 200,000 current employees via the web services provider TALX. Prior to providing the worker with a referral letter, the employer told him that he had to go to his SSA office or he would lose his job. The worker visited SSA three times: once prior to receiving the referral letter, once the day after receiving the referral letter, and once after E-Verify issued a FNC, which resulted in the employer suspending the worker. The SSA representatives requested microfiche to investigate the error in its records, but it did not select “SSA Action Pending. Verifying Documents, Microprint Requested.” Therefore, to E-Verify it appeared that the worker never visited SSA. After calling the SSA local office and the employer, we suggested that the employer enter a new query. The employer did so, and SSA updated its records. The worker is back at work. (Sacramento, CA)

On April 2, 2010, OSC successfully completed a telephone intervention and saved the job of a legal permanent resident employed with UPS. His permanent resident card shows both his surnames (his father’s surname plus his mother’s maiden name), but his Social Security card only shows his father’s surname. When the E-Verify query was run with both surnames, a SSA TNC was issued. UPS told the worker that he would be terminated if he did not resolve his E-Verify issue, but did not provide him with a referral letter or case verification number. UPS only told him that the double surname entered into E-Verify did not match his SSA record. We contacted UPS and learned that the first TNC had already become a FNC. Meanwhile, the worker had visited SSA to add his mother’s maiden name to his SSA record. We suggested that the employer enter a new query into E-Verify. This time the employer only entered the second surname, and the TALX program issued the message “employment authorized with additional verification requested automatically.” Since UPS was unfamiliar with this status, OSC called the TALX representative responsible for UPS E-Verify questions who explained it to UPS and advised it not to take adverse action against the employee. (El Paso, TX)

On April 2, 2010, OSC successfully completed a telephone intervention and helped a U.S. citizen avoid an E-Verify Final Non-confirmation (FNC). The worker received a Social Security Administration (SSA) referral letter with the reason, “unable to confirm U.S. citizenship.” On referral letters based on citizenship, employees have the choice of either visiting SSA or calling DHS. However, when the worker called DHS and explained that she was born in Hawaii, DHS advised her to tell her employer to invalidate its query. The worker then called OSC because her employer told her that if she did not resolve her tentative non-confirmation (TNC), she would lose her job. OSC checked with SSA and discovered that indeed SSA had mistakenly changed her status from “citizen” to “non-citizen” when she married in 1986. Had her employer invalidated the query as DHS recommended, another TNC would have issued because Social Security Administration (SSA) records were inaccurate. We advised the employee to visit her local SSA office with her birth certificate. When she did, E-verify generated an “employment authorized” response, and the worker continued in her employment. (Torrance, CA)

On April 5, 2010, OSC successfully completed a telephone intervention and saved the job of an Eritrean refugee who was terminated from his employment at a hotel after E-Verify issued a FNC. The worker has a double surname, and the employer only entered his second surname into E-Verify, resulting in a TNC. The worker contested the TNC, and visited his local SSA office to attempt to correct the problem. However, SSA did not alert the employer of its error via E-Verify. Instead, the SSA representative gave the worker a printout stating that the number belongs to him. As a result, E-Verify generated a FNC, and the employer terminated the worker. When a refugee services agency contacted OSC on behalf of the worker, we called the employer and explained that the FNC was caused by the mistake in entering the last names. The employer ran a new query and E-Verify generated an “employment authorized” response. The employer then called the worker in to work. (Baltimore, MD)

On April 6, 2010, OSC successfully completed a telephone intervention and saved the job of a lawful permanent resident of Mexican origin. The worker’s Social Security card and permanent resident card both show he has a double surname. According to the worker, he also listed both surnames in the “last name” field in Section I of the Form I-9. The employer only entered the second surname, and a TNC resulted due to this discrepancy between the E-Verify query and the Social Security Administration’s (SSA’s) record. The employee contested the TNC and received a SSA referral notice. SSA apparently did not alert the employer of its error via E-Verify; rather, it provided the worker with a printout and assured him that there was nothing wrong. The TNC became a final nonconfirmation (FNC), and the employer terminated the worker. We explained to the employer how to run a new, correct E-Verify query and the worker returned to work immediately. (Dallas, TX )

On April 7, 2010, OSC successfully completed a telephone intervention on behalf of a U.S. citizen who was suspended from his position at United Parcel Service (UPS) after he contested an E-Verify TNC. The worker had legally changed his name, and UPS had already updated his personnel records. However, the worker had not yet updated his record with the Social Security Administration (SSA). Also, in the last name field on his electronic I-9, (UPS uses the vendor TALX for its program that combines the electronic Form I-9 with an E-Verify query) he added the notation, “all rights reserved.” OSC suggested that the employee to visit SSA to update his name in SSA’s records. We also contacted the employer to suggest that it run a new E-Verify query without the extraneous language in the last name field. The worker has returned to work, and the employer indicated that it would take no adverse action while the TNC is pending. (Long Island City, NY )

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. (Memphis, TN )

On April 7, 2010, OSC successfully completed a telephone intervention and saved the job of a U.S. citizen that received an E-Verify tentative non-confirmation (TNC). The U.S. citizen contacted OSC initially for guidance on how she should respond to the TNC. During the telephone call, OSC determined that the employer, which had only recently begun use of E-Verify, had removed the U.S. citizen from the work schedule until the TNC was resolved. We contacted the employer, outlined the rules and time lines of the E-Verify program. As a consequence, the U.S. citizen was permitted to work during the TNC challenge and resolution period. Red Rock, TX()

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. Issaquah, WA()

On April 9, 2010, OSC successfully completed a telephone intervention on behalf of a U.S. citizen who works for a division of FedEx called FedEx Office. The worker received an E-Verify FNC and was terminated. He contacted OSC after being told by an E-Verify customer service representative to do so. When OSC contacted E-Verify, it immediately prepared a letter to the employer stating the employee is work authorized and should be reinstated. We then provided an electronic version of the letter to counsel for the employer, and the employee has returned to work. (Orlando, FL)

On April 9, 2010, OSC successfully completed a telephone intervention on behalf of a Haitian-born U.S. citizen who was terminated from FedEx Ground after he received an E-Verify final nonconfirmation (FNC). Although the worker never received a referral letter as required by the E-Verify system, he visited both SSA and DHS in order to address the issue. When he visited DHS, he learned that his surname was misspelled in its records and he was given a letter stating that the misspelling would be corrected. After the FNC issued, counsel for the worker contacted OSC. We in turn contacted the Verification Division of USCIS, which quickly generated a letter informing the employer that the worker is employment authorized and should be reinstated. We then forwarded the letter to counsel for the employee via e-mail. The employee has now returned to work. (Valley Stream, NY)

On April 12, 2010, OSC successfully completed a telephone intervention and saved the job of a naturalized U.S. citizen who was terminated from her job due to her employer’s receipt of an E-Verify tentative nonconfirmation (TNC). The employee was not provided with the opportunity to correct the error that resulted in the TNC. Upon further discussion with E-Verify, OSC confirmed that the employer had incorrectly entered the worker’s information twice, resulting in a TNC from the Department of Homeland Security and another TNC from the Social Security Administration. When the employer invalidated the original queries and entered the employee’s information correctly, she appeared in the system as work authorized. The U.S. citizen is now back at work and seeking back pay for the work time she missed due to her employer’s E-Verify mistakes. (Springer, NM )

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. (Phoenix, AZ)

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. (Brooklyn, NY)

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. (Springfield, VA)

On April 16, 2010, OSC successfully completed a telephone intervention allowing an asylee to return to work after being suspended. The asylee’s employer, a nursing home, reverified the asylee’s work authorization when her employment authorization document (EAD) expired and suspended the employee from work until she could produce a new EAD or a permanent resident card. The nursing home already possessed a copy of the asylee’s driver’s license and unrestricted Social Security card. We contacted the nursing home and explained that the employee had already produced sufficient documentation for Form I-9 employment eligibility verification purposes, and that to demand more or different documents from the asylee may constitute a violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). The employer indicated that it would contact the employee to allow her to resume work. (Bethesda, MD)

On April 19, 2010, OSC successfully completed a telephone intervention and saved the job of a U.S. citizen who received an E-Verify FNC because SSA failed to put his E-Verify case in pending status. After contesting a TNC, the employee went to his local SSA office in order to update his SSA records with his correct year of birth. A final nonconfirmation (FNC) resulted because SSA failed to put the case in continuance while it verified the validity of the birth certificate and updated the employee’s records. When OSC was contacted via its hotline, we suggested that the employer may wish to invalidate the query in E-Verify and submit a new E-Verify query for the employee. In addition, we explained to the employee that, upon receiving the new TNC and visiting the SSA office again, he could request that SSA place the case “in continuance.” (Louisa, VA)

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. (Troy, MI)

Worker Hotline: 1-800-255-7688 • Employer Hotline: 1-800-255-8155
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Updated August 6, 2015

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