Hiring Immigrants: Responsibilities of Employers

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Information for employers regarding the proper procedures and documentation for hiring immigrant workers. How to avoid discrimination against eligible workers. Restricted practices under INA. Form I-9 compliance.

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  • Hiring Immigrants: Responsibilities of Employers

    1. 1. 1Hiring Immigrants-Responsibilities ofEmployers: Form I-9 ComplianceInternational Institute-St. LouisEmployer ForumDecember 2, 2010Presented by Mary CryerHIRE-St. Louis Project Coordinator
    2. 2. 2HIRE-St. Louis: What Is It?• Hiring Immigrants-Responsibilities of Employers• Hiring Immigrants-Rights of Employees ▫ Employer outreach ▫ Immigrant and advocate outreach ▫ HR Toolkit ▫ Future employer forum (late winter) ▫ Monthly informational e-newsletter ▫ Training for employers and employees upon request ▫ Educating the general public
    3. 3. 3Form I-9: Employer’s Responsibility• Who needs to complete form? ▫ ALL employees hired after 11/06/1986• Filing procedures ▫ Obtain information within three (3) days of start date• Acceptable documentation as proof of work eligibility ▫ See list included in handout• Retaining forms on file ▫ Minimum of three (3) years from date of hire or one (1) year after termination, whichever is later
    4. 4. 4Form I-9: Section 1 • Employees hired after 11/06/1986 must complete Section 1 the day employment begins or within three (3) working days of start date • Employer must inspect documents establishing employee’s identity and work authorization • Employee chooses which documents to present as proof of identity and/or work eligibility
    5. 5. 5Form I-9: Section 2-3 • Employer must complete Section 2 no later than three (3) working days after employee’s start date ▫ One “List A” document OR ▫ One “List B” and one “List C” document • Employer must complete Section 3 only to update or reverify employee’s information (e.g. new documentation, name change, rehire)
    6. 6. 6List A Documents
    7. 7. 7List B Documents
    8. 8. 8List C Documents
    9. 9. 9Prohibited Conduct Under INA• The Immigration & National Act’s anti- discrimination provision strictly prohibits intentional: ▫ Citizenship/Immigration status discrimination ▫ National origin discrimination ▫ Document abuse ▫ Intimidation or Retaliation• “Intentional discrimination” means nothing more than differences in treatment because of one’s citizenship/immigration status or national origin ▫ Does not need to be adverse or negative, just deliberate
    10. 10. 10Citizenship Status Discrimination• Discrimination linked to a person’s citizenship/ immigration status ▫ Exceptions: ✦ Required by law, regulation, or government contract ✦ Employer can “prefer” equally-qualified U.S. citizen• Example of discrimination: ▫ Refusing to hire asylee/refugee ▫ Different hiring procedures for U.S. citizens and immigrants ▫ “Citizen-only” hiring policy
    11. 11. 11National Origin Discrimination• Discrimination linked to a person’s place of birth, country of origin, ancestry, native language, accent, or employer’s “perceptions” of the person• Examples of discrimination: ▫ Refusing to hire qualified candidate because s/he: ✦ Appears to be foreign ✦ Speaks with an accent ✦ Has foreign-sounding surname ✦ Was not born in the U.S. ✦ Does not speak fluent English
    12. 12. 12Document Abuse• When an employer requests more or different documents than are required to verify employment eligibility or specifies certain documents over others• Examples of document abuse: ▫ Requiring specific documents (e.g. Social Security card, birth certificate, Green Card, etc.) ▫ Greater scrutiny and rejection of valid documents from immigrants ▫ Not allowing immigrant to choose which documents to submit ✦ Employer cannot demand specific documents
    13. 13. 13Intimidation or Retaliation• When employer intimidates, threatens, coerces, or retaliates against employee• When an employer interferes with the rights or privileges of employee secured under the law• Examples of intimidation/retaliation: ▫ Threaten an employee because s/he has or intends to file a charge or complaint against employer ▫ Take adverse action against employee for asserting his/her rights (e.g. firing, demoting)
    14. 14. 14Avoid Discrimination• Uniform procedures for all employees ▫ Apply law and maintain files for each employee in the same manner ▫ Will help avoid actual or perceived discrimination• Follow policies and practices that avoid discrimination ▫ When obtaining documents for Form I-9, allow employee to choose ▫ Train supervisors and HR staff on proper procedures ▫ Revisit procedures annually and retrain as needed
    15. 15. 15Resources for Employers U.S. Citizenship and Immigration Services • “Handbook for Employers: Instructions for Completing Form I-9” ▫ 65-page guide available for download • National Customer Service Center (NCSC): 1-800-375-5283 http://www.uscis.gov/files/form/m-274.pdf
    16. 16. 16Resources for EmployersOffice of Special Counsel for Immigration- Related Unfair Employment Practices• Hotline for employers ▫ 1-800-255-8155• Website ▫ www.justice.gov/crt/osc/• Email ▫ osccrt@usdoj.gov International Institute of St. Louis• Mary Cryer, HIRE-St. Louis Project Coordinator ▫ (314) 773-9090 ext. 203 ▫ Email: cryerm@iistl.org

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