Protecting Rights during Employment Eligibility Verification: E-Verify and I-9

1. Protecting Rights during Employment Eligibility Verification: E-Verify and I-9 North Carolina Refugee and Social Services Conference 2013 Carol Brooke Workers’ Rights Project, NC Justice Center

2. Common Issues • Lack of understanding of refugee documents • Expiration of documents • Discrimination • Misuse of E-Verify

3. E-Verify • All NC employers with more than 25 employees now required to use E-Verify (unless work is for less than 90 days). • Only after a job offer is made and after Section 1 of the I-9 filled out. • If refugee or asylee has no SSN, employer should delay doing E-Verify until it arrives. • Once the I-9 form is complete, the person can work even without an SSN. • Can’t be used for re-verification of existing employee unless federal contract requires it.

4. Tentative Nonconfirmation • Sign document asking for appeal. Employer should provide referral letter to Department of Homeland Security or Social Security Administration. • Make sure employee information in the referral letter is correct. • Worker has 8 business days to visit SSA or contact DHS to correct the tentative nonconfirmation • Can’t be fired or have action taken against you while trying to fix the problem. • Employer will tell worker of final E-Verify result.

5. I-9 Form and the Hiring Process • No I-9 until job offer accepted • Employer has 3 days after work starts to complete the I-9 • Employeechooses which documents to provide

6. I-9 Form and the Hiring Process (continued) • The employer must accept documents that reasonably appear to be genuine • The employee may present one document from List A, or one document from List B and one document from List C

8. Receipt Rule Can provide receipt instead of document in 3 situations: • Receipt for application of replacement document (valid for 90 days) • I-94 with temporary I-551 stamp and photo (valid until expiration of stamp, or for one year from issuance of I-94) • I-94 with unexpired refugee admission stamp (valid for 90 days)

9. I-9: Section 1

10. Re-verification • Expired documents (like work permits) may be re-verified, except for green cards • Employees may present documents of their choosing to re-verify their status • Asylees who present an I-94 as a List C document should not be re-verified • Refugees who present an EAD as a List A document do need to re-verify, but not if it is a List C document • List B documents never have to be re-verified

11. How to Complain Contact the Office of Special Counsel within 180 days for: • Document abuse • Citizenship status discrimination • National origin discrimination (if 4-14 employees) Contact the EEOC within 180 days for • National origin discrimination (15 or more employees) • Race, religion, age, sex, disability discrimination

12. Employment Discrimination • National origin discrimination • Citizenship status discrimination • Document abuse • Religious Discrimination • Racial Discrimination • Sex Discrimination • Discrimination related to disability • Retaliation

13. National Origin Discrimination • Accent discrimination • Harassment because of a worker’s country of origin, perceived country of origin, or association with people of a particular country of origin • English-only policies

14. English-Only Policies • Blanket prohibition against speaking other languages • Rules requiring English at certain times (e.g., while having work-related conversations)

15. Citizenship Status Discrimination • Discrimination against non-US citizens (or someone the employer thinks is not a US citizen) • Discrimination against US citizens • Discrimination based on immigration status • Discrimination based on the type of work authorization

16. Document Abuse • Employer requests more or different documents • Employer requests certain documents • Employer rejects reasonably genuine-looking documents

17. Retaliation • Retaliation prohibited for asserting rights under antidiscrimination statute or assisting with an investigation • Employer may not intimidate, threaten, coerce, or retaliate against a person for the purpose of interfering with asserting rights or assisting with an investigation

18. SSA No Match • Letter sent to employers or employees • Purpose of letter to correct earnings records

19. What to Do • Ask for a copy of the letter • Do not quit • Tell employer they will look into issue • Verify employer properly recorded name and SSN as it appears on documents

20. If worker is fired: • Remind employer that letter states adverse action should not be taken and re-verification should not take place • Worker may have valid complaint with OSC or EEOC

21. Resources Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) 1-800-255-7688, http://www.usdoj.gov/crt/osc/index.html Equal Employment Opportunity Commission (EEOC)1-800-669-4000http://www.eeoc.gov/

22. Resources (continued) National Immigration Law Center 510-663-8282www.nilc.org North Carolina Justice CenterCarol Brooke919-856-2144carol@ncjustice.org