On February 20, 2013, the Department of Justice announced the release of an informational video developed by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) which addresses a key area of discrimination in the Form I-9 process. The video was released in Spanish (and with English subtitles). It provides valuable insight into the employment verification process and highlights the common misconception that employers must re-verify an individual’s work authorization when the employee’s permanent resident card expires. The video explains that employers should not re-verify documents for these individuals and should not be terminating employees who do not have a new permanent resident card. If an employee selects permanent resident in the election section of section 1 of the I-9, an employer must not re-verify the employee's I-9 form. For example, if at the time the I-9 was filled out an employee presented his or her permanent resident card (List A document), or a List B identification document (e.g., driver's license) and a List C employment document (e.g., an unrestricted Social Security card), an employer must not require the employee to present a new permanent resident card.
The OSC offers a number of resources on its website as a means of educating employers on the proper methods for employment eligibility verification and making employees aware of their legal rights. In addition to the educational videos, the OSC also offers monthly webinars for employers and employees that cover the four types of discriminatory conduct prohibited under the INA's anti-discrimination provision. The topics for resources such as webinars and videos are chosen based on frequent issues that arise through the OSC hotline and charges that are most often filed initiated by employee complaints.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
