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I-9 E-Verify Immigration Compliance

OSC Enters into Memorandum of Understanding with NLRB; by Bruce Buchanan, Siskind Susser

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The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has entered into a Memorandum of Understanding (MOU) with the National Labor Relations Board (NLRB), formalizing a collaborative relationship that allows both agencies to share information, refer matters to each other and coordinate investigations as appropriate.


OSC is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act, which prohibits citizenship status and national origin discrimination in hiring, firing and recruitment or referral for a fee, as well as discriminatory Form I-9 and E-Verify practices. The NLRB enforces the National Labor Relations Act, which protects the rights of most private sector employees to join together through union activity and/or protected concerted activity to improve their wages, hours and working conditions.


The MOU will allow the NLRB to make referrals to OSC, with the express authority of the NLRB charging party, when a matter before the NLRB suggests a possible violation of the anti-discrimination provision, such as verification of employment authorization, in the I-9 or E-Verify process, that appears to be discriminatory based on citizenship status or national origin. Similarly, the OSC will refer matters to the NLRB that appear to fall within that agency's authority. The MOU also provides for cross-training and technical assistance to ensure that staff within each agency can identify appropriate referrals.

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