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I-9 E-Verify Immigration Compliance


  1. DOJ’s Lawsuit for Discrimination Based on Citizenship Status is Unusual

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    The Justice Department, through the Immigrant and Employee Rights Section (IER), filed a lawsuit against Louisiana-based companies Technical Marine Maintenance Texas LLC, which provides contract shipyard labor, and Gulf Coast Workforce LLC, a related company, alleging that they violated the Immigration and Nationality Act (INA) by engaging in a pattern or practice of discrimination against U.S. citizens and non-U.S. citizens during the I-9 and E-Verify process.

    According to the Complaint, from at least January 2014 until at least July 2017, Technical Marine asked U.S. citizens to produce List B and C documents, such as a state driver’s license and Social Security cards, respectively. The statistics showed during this period, Technical Marine obtained List B and C documents from 99.56% of U.S. citizens. On the other hand, Technical Marine asked non-U.S. citizens to produce a List A document, such as a permanent resident card (green card) or employment authorization document. The statistics showed during this period, Technical Marine obtained a List A document from 99.29% of non-U.S. citizens.

    This is an unusual case because the Complaint alleges Technical Marine discriminated against both U.S. citizens and non-U.S. citizens by their requests for certain documentation. In most cases brought by DOJ, the discrimination occurs through the request and receipt of certain document(s) by non-U.S. citizens while U.S. citizens are free to present any documentation from the Lists of Acceptable Documents. Because Technical Marine asked for specific and different documents from U.S. citizens and non-U.S. citizens, then both actions are alleged as unlawful. Under the INA, all workers, regardless of their citizenship status, must be allowed to choose from among the valid documentation that proves their employment eligibility.

    This Complaint is a reminder to employers – do not request specific documentation from employees, regardless of whether they are U.S. citizens or non-U.S. citizens. If you do, you may be investigated by the IER of the DOJ. Such investigations are costly and subject employers to civil penalties and back pay if they are found to have committed this type of discrimination or if employers reach a settlement with the IER.
  2. E-Verify Adding Languages to its Documents

    By Bruce E. Buchanan

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    Employers and employees can now get information in Urdu, Punjabi and Somali about the I-9 form, E-Verify and other immigration-related records. The following documents are now available in those languages as well as 18 other foreign languages:

    • Department of Homeland Security (DHS): Tentative Nonconfirmation Further Action Notice
    • Social Security Administration (SSA): Tentative Nonconfirmation Further Action Notice
    • DHS Referral Date Confirmation
    • SSA Referral Date Confirmation

    If an employer needs to give its employee a notice or letter in a language other than English, one should take the following steps:

    • Give your employee a copy of the pre-populated English version of the notice or letter along with the foreign language document.
    • Only sign the English version of the notice and letter.
    • Use the foreign language notices and letters only to help employees who have difficulty speaking or reading English.

    Other records which have been translated into 21 languages are:

    · Fact Sheet entitled “How to Correct Your Immigration Records” which gives instructions on how to correct immigration records.

    · Form I-9 Employee Information Sheet which gives answers to many Form I-9 questions in plain language. As a best practice, this information sheet should be made available to new employees who are about to complete Form I-9.

    · E-Verify Participation Poster - In addition to displaying the English and Spanish version of the E-Verify Participation poster, employers may also display any of the 19 foreign language versions.

    Utilizing the foreign language resources cited above, should assist employers when issues arise with your employees who do not speak English.
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