Our right to work controls involve confirming the candidate's visa and passport status with the relevant immigration authorities. Documents that establish identity and employment eligibility come from the Department of Homeland Security (DHS) in the United States. Anyone 18 years of age or older in the United States can use Self Check to confirm employment eligibility. After entering the requested information, Self Check compares it with government records available in the U.
S. The Department of Homeland Security and the Social Security Administration are used to confirm eligibility to work in the United States. If falsified, falsified or altered documents are used to prove identification or authorization to work, a fine and even jail time may be imposed. For workers aged 16 and younger, the USCIS considers a school report card, a daycare record, or a hospital record (such as a birth certificate) acceptable as proof of identity.
For more information on immigrant documentation, see the Nolo Immigration Law section. An official website of the United States government is gov.gov. This website belongs to an official United States government organization. The Immigrant and Employee Rights Section (IER) of the Civil Rights Division of the U.
Department of Justice enforces the anti-discrimination provision of the Immigration and Nationality Act (INA). This law protects people authorized to work from employment discrimination in hiring, firing, and hiring or referrals for a fee based on citizenship, immigration status, and national origin; from unfair documentary practices when verifying employees' employment eligibility (Form I-9 and E-Verify); and from retaliation. People who believe they have been discriminated against can file charges with the IER and may have the right to receive late payments and readmission, among other resources. The INA's anti-discrimination provision prohibits employer conduct such as discrimination in hiring, firing, and hiring or referrals for a fee based on citizenship, immigration status, and national origin; unfair documentary practices when verifying employees' employment eligibility (Form I-9 and E-Verify); and retaliation.
To file a complaint with the IER, you must use their collection form which is available in several languages. Charges must be filed within 180 days of the alleged discrimination or retaliation. You can find more information about filing charges here. Once the IER receives what it considers to be an accusation, it will begin its investigation.
If IER has not filed a complaint with an administrative law judge (ALJ) within 120 days of receiving the accusation, it will send a letter notifying the injured party or authorized representative of their right to file an administrative complaint against the defendant and indicate whether IER is continuing with the investigation. The IER will also notify the defendant of its decision to continue with the investigation. IER may also file a complaint with an administrative law judge after this 120-day investigation period. Once a case is presented, pre-trial issues are generally handled in accordance with applicable standards of practice and procedures, and involve the presentation of evidence, statements and pleadings.
The decisions of administrative law judges are directly appealable to the courts of appeals in the federal circuit. Successful agreements or judgments may result in civil penalties, late payments, hiring orders and interim measures to put an end to discriminatory practices. You can report a violation of the anti-discrimination provision without filing a complaint by calling either one of IER's hotlines for workers or employers for help with immigration-related employment issues. Language services are available free of charge but please note that IER cannot provide legal advice or individual legal representation.
If you need help with media inquiries related to IER you can contact their point of contact for media inquiries directly. To establish identity and permission to work you must show your employer documents from List A (which establishes their identity and permission to work) or a combination of documentation from List B (which establishes identity) and List C (which establishes permission to work). Employers cannot specify what documents they will accept from a worker and should not prevent a person from working because of the document's future expiration date. For more information on acceptable documents visit I-9 Central or contact IER if you have questions about potential discriminatory practices related to verifying employment eligibility.
An employment authorization document (EAD), Form I-76, is a document from list A of Form I-9 which is sometimes referred to as a “work permit” or “employment authorization card” while an “employment authorization document” issued by DHS under Schedule C refers to other types of DHS-issued documents that would not otherwise be included in list A such as Form I-94 issued to asylees or non-immigrants authorized to work due to their immigration status, current re-entry permit (Form I-32), US certificate UU Citizenship (Form N-560) or Certificate of Replacement Citizenship (Form N-56), Certificate of Naturalization (Form N-550) or N-570.
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