Using the new I-9 Employer Handbook to advocate against document abuseYou may be aware that, beginning April 3rd, a new I-9 form, and along with it a new I-9 Employer Handbook, went into effect.
The I-9 form is used by employers to confirm that all new hires are eligible for employment. Note, that employers do not need to go back and use the new form to verify employment eligibility for current employees, just new hires going forward.
Unfortunately, some employers do not follow the I-9 process correctly and, in doing so, may not hire a worker who is legally authorized to work. This is referred to as "document abuse."
When one of your clients is experiencing document abuse, one of the best resources you can use to demonstrate to the employer that they are not following the law is the I-9 employer handbook. To download a copy of the employer handbook, which also contains a copy of the new I-9, click here.
Below, I will list some specific mistakes employers make and the page number in the handbook that you can refer to when speaking to the employer about the problem.
Note that all page numbers listed, are the pages that appear in the corners of the pages of the handbook, when printed out. These number will differ slightly from the page number that appears in the center bottom of the Adobe PDF Reader.
Asking for documents before the time of hire: The correct time to complete the I-9 procedure is at the time of hire, not at the time of the initial application or during the job interview. This is important, because it makes it easier for the OSC to determine that an employer is committing citizenship status discrimination or document abuse, since they should only look at the documents of applicants who they are otherwise ready to hire.
Furthermore, for a job that is expected to last for more than three days, employees have until their third day of work to actually show the documents to the employer. Direct employers to p. 5, 2nd paragraph.
Asking foreign-born applicants for specific documents or for more documents than those who appear to be born in the US: Workers may choose which of the I-9 documents they will show to employers, as long as they meet the minimum requirements as printed on the form. Foreign-born workers may not be required to show different documents than those required of US born workers. Direct employers to bottom of p. 6, 1rst paragraph, and to p. 19, items #1, 2, & 4 under "Document Abuse".
More intensively scrutinizing and/or rejecting documents of immigrants, even when they appear valid: Employers are not required to be document detectives. If they properly follow I-9 procedures, they will not be penalized for unknowingly hiring an undocumented worker who presents false documents. Furthermore, they may be penalized for rejecting legitimate documents of workers who appear foreign. Direct employers to bottom of p. 6, 2nd paragraph, and to p. 19, item # 3 under "Document Abuse".
Rejecting Documents with future expiration dates: Some employers will not accept a document with a future expiration date because they want to avoid hiring a worker with status that may be temporary for a permanent position. This could be considered both document abuse and citizenship status discrimination. Direct employers to page 12 under "Future Expiration Dates" and to p. 19 under "Citizenship Status Discrimination"
Requesting specific immigration documents when reverifying expired documents: For immigrants who presented a document from USCIS indicating temporary immigrant status, such as an EAD card, employers are required to "reverify" their employment eligibility when the document expires. Some employers illegally require the worker to show another document from USCIS. This is a common problem for refugees. Rather, employers should allow the worker to present any one document from List A or List C on the back of the I-9. Direct employers to p. 12 under "Reverifying Employment Authorization for Current Employees"
Requiring all workers to have a Social Security Card or Social Security Number: At times USCIS makes mistakes which cause significant delays in the process of issuing a Social Security Card and Social Security Number. Many employers refuse to hire workers who do not have a Social Security Number. Unless the employer participates in E-Verify, they may not require a worker, who is able to present the documents as required on the I-9, to present a Social Security Number, and even employers who do participate in E-Verify may not require that the worker show a Social Security Card. (For directions from SSA Click Here) Direct employers to p.5, final paragraph.
Because the I-9 Handbook contains the official instructions for documenting employment eligibility, it is an authoritative tool that employers will not be quick to dismiss. If, however, employers still insist on following discriminatory hiring policies, feel free to contact NEER or OSC.
Note that all page numbers listed, are the pages that appear in the corners of the pages of the handbook, when printed out. These number will differ slightly from the page number that appears in the center bottom of the Adobe PDF Reader.
Asking for documents before the time of hire: The correct time to complete the I-9 procedure is at the time of hire, not at the time of the initial application or during the job interview. This is important, because it makes it easier for the OSC to determine that an employer is committing citizenship status discrimination or document abuse, since they should only look at the documents of applicants who they are otherwise ready to hire.
Furthermore, for a job that is expected to last for more than three days, employees have until their third day of work to actually show the documents to the employer. Direct employers to p. 5, 2nd paragraph.
Asking foreign-born applicants for specific documents or for more documents than those who appear to be born in the US: Workers may choose which of the I-9 documents they will show to employers, as long as they meet the minimum requirements as printed on the form. Foreign-born workers may not be required to show different documents than those required of US born workers. Direct employers to bottom of p. 6, 1rst paragraph, and to p. 19, items #1, 2, & 4 under "Document Abuse".
More intensively scrutinizing and/or rejecting documents of immigrants, even when they appear valid: Employers are not required to be document detectives. If they properly follow I-9 procedures, they will not be penalized for unknowingly hiring an undocumented worker who presents false documents. Furthermore, they may be penalized for rejecting legitimate documents of workers who appear foreign. Direct employers to bottom of p. 6, 2nd paragraph, and to p. 19, item # 3 under "Document Abuse".
Rejecting Documents with future expiration dates: Some employers will not accept a document with a future expiration date because they want to avoid hiring a worker with status that may be temporary for a permanent position. This could be considered both document abuse and citizenship status discrimination. Direct employers to page 12 under "Future Expiration Dates" and to p. 19 under "Citizenship Status Discrimination"
Requesting specific immigration documents when reverifying expired documents: For immigrants who presented a document from USCIS indicating temporary immigrant status, such as an EAD card, employers are required to "reverify" their employment eligibility when the document expires. Some employers illegally require the worker to show another document from USCIS. This is a common problem for refugees. Rather, employers should allow the worker to present any one document from List A or List C on the back of the I-9. Direct employers to p. 12 under "Reverifying Employment Authorization for Current Employees"
Requiring all workers to have a Social Security Card or Social Security Number: At times USCIS makes mistakes which cause significant delays in the process of issuing a Social Security Card and Social Security Number. Many employers refuse to hire workers who do not have a Social Security Number. Unless the employer participates in E-Verify, they may not require a worker, who is able to present the documents as required on the I-9, to present a Social Security Number, and even employers who do participate in E-Verify may not require that the worker show a Social Security Card. (For directions from SSA Click Here) Direct employers to p.5, final paragraph.
Because the I-9 Handbook contains the official instructions for documenting employment eligibility, it is an authoritative tool that employers will not be quick to dismiss. If, however, employers still insist on following discriminatory hiring policies, feel free to contact NEER or OSC.
By now most business are conscious of the federal program E-Verify? It distinguishes US citizens and legal residents from illegal labor. Although not seamless, it has a 99.6 success rate and obviously will overtime become even more constructive to business that believes in the "Rule of Law." Opponents in both the business sector and even on Capitol Hill have released a torrent of abuse against the application, that includes its operation is blind to counterfeit documentation and spurious ID, that even legal individuals can be rejected? SO--YOU GO TO THE SOCIAL SECURITY OFFICE TO BE EXONERATED? ONLY ILLEGAL WORKERS WILL SHUN TURNING TO SSA FOR RESOLVING THIS ISSUE.
ReplyDeleteThe open border conspirators are losing, as they did in a federal Maryland court a week previous. As E-Verify are perfected it needs to become a permanent tool in the incomplete arsenal of immigration enforcement. It needs to reach out to every company, big and small, in our country and every individual who works there? E-Verify eventually will expel foreign national from the workplace, without financial appropriations on a large scale. These people will self-deport when they cannot be hired anymore. Businesses facing huge fines and prison will be the ultimate deterrent. In time it will save our ailing schools, health care and government welfare system. Look to NUMBERSUSA for honest an answer, that includes costs to taxpayers for the new blanket AMNESTY. Which Senators and Republicans are anti-US American Worker and their immigration grades?
For an example Sen. Harry Reid (D-NV) has a miserable enforcement grade of "C-". He was out to erase E-Verify, under fund the border fence from the beginning of the Democratic administration. Then JUDICIAL WATCH is a public watchdog group Promoting Integrity, Transparency and Accountability in Government, Politics and the Law. They uncover misconduct by government officials and litigation to hold to account politicians and public officials who engage in corrupt activities. Finally CAPSWEB informs the public about the coming nightmare of OVERPOPULATION that is already exhibiting itself in our deteriorating infrastructure. TELL YOUR POLITICIANS YOU HOLD THEM ACCOUNTABLE AT 202-224-3121
SAY NO PRO –ILLEGAL IMMIGRANT LIBERAL SOCIALIST--SANCTUARY CITY--MAYOR GAVIN NEWSOM FOR GOVERNOR OF CALIFORNIA.