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THE I-9 FORM HAS CHANGED.  As of April 3, 2009, employers must use the revised Employment Eligibility Verification Form (Form I-9).  The new I-9 Form requires an employer to accept only unexpired documents for completion of the I-9In addition, under the new I-9 Form, some documents are no longer acceptable to establish identity and employment eligibility.  Click here to access the revised I-9 Form.

PUBLIC EDUCATION GRANT PROGRAM SOLICITATION. The Office of Special Counsel is pleased to announce that it is seeking applications for grant funding of "Public Education Programs Concerning the Anti-discrimination Provision of the Immigration and Nationality Act (INA)." These grants further the Department’s mission by supporting the public programs concerning the rights afforded potential victims of employment discrimination and the responsibilities of employers under the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. §1324b. It is anticipated that a number of grants will be competitively awarded to applicants who can demonstrate a capacity to design and successfully implement cost-effective public education campaigns to address immigration-related employment discrimination. Grants may range in size from $35,000 to $100,000. Applicants must demonstrate the ability to educate workers, employers and/or the general public about the anti-discrimination provision of the INA. OSC welcomes proposals from diverse organizations providing information services to employers, workers, and/or potential victims of discrimination. Click here for more details.

The deadline for applications is 11:59 p.m. EDT., April 26, 2009.

DoJ Press Release

OSC ANTIDISCRIMINATION GUIDANCE CONCERNING THE DHS NO-MATCH RULE. Employers and workers are seeking information regarding anti-discrimination implications for employers who follow the Department of Homeland Security's Safe-Harbor Procedures for Employers Who Receive a No-Match Letter ("no-match rule") first published in August 2007 and modified by a Supplemental Final Rule published in the Federal Register on October 28, 2008. On October 28, 2008, OSC published guidance to clarify when OSC may find reasonable cause to believe that employers have engaged in unlawful discrimination in violation of the antidiscrimination provisions of the Immigration and Nationality Act when applying the no-match rule. Please note that implementation of the DHS no-match rule has been stayed pursuant to a preliminary injunction issued by the U.S. District Court for the Northern District of California. For OSC's guidance, click here.  
TEMPORARY PROTECTED STATUS. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries who are temporarily unable to safely return to their home country because of ongoing armed conflict, the temporary effects of an environmental disaster, or other extraordinary and temporary conditions.

Click here for developments regarding work authorization for TPS recipients, including information regarding the automatic extension of Employment Authorization Documents for Honduran, Nicaraguan, and El Salvadoran TPS recipients.

OSC's TELEPHONE INTERVENTIONS. OSC's telephone intervention program is an innovative form of alternative dispute resolution. It allows a caller to contact OSC's worker or employer hotline to work informally with OSC's staff to resolve potential immigration-related employment disputes within hours or minutes, rather than weeks or months, without contested litigation. Employers love the program because it saves them time and money. Workers love the program because it keeps them on the job.
Employer Hotline:
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REQUEST A SPEAKER. The Office of Special Counsel for Immigration Related Unfair Employment Practices seeks opportunities to communicate with employers, workers, advocates, and the public about its programs and services. Speakers are available nationwide for groups of 50 or more attendees for public affairs events, conferences, class seminars, and workshops. To request a speaker, please call OSC's Public Affairs staff at (202) 616-5594 or fax your request to (202) 616-5509.
INCLUDE A 600 WORD ARTICLE ABOUT OSC IN YOUR ORGANIZATION'S NEXT NEWSLETTER! Help spread the word about the work of OSC and the anti-discrimination law that it enforces by including a ready-made 600-word article in your next newsletter. Here’s an extract from the article: "The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), in the Justice Department’s Civil Rights Division, is responsible for enforcing the anti-discrimination provisions of our nation’s immigration law. Employers must know that while they have the obligation to obey immigration law by hiring only authorized workers, they also must not violate anti-discrimination laws when hiring or firing workers. Employers who discriminate or retaliate against workers may be required to hire or re-hire the worker, pay back wages, or change internal policies to avoid further discrimination. Employers also may become liable for monetary fines or the workers’ legal fees." Click here for the full article.
NOTICE TO INDIVIDUALS GRANTED IMMIGRATION BENEFITS BY EOIR. Notice of Final Settlement Agreement in Santillan, et al. v. Mukasey, et al., No. C 04-2686-MHP and Padilla, et al. V. Ridge, et al., No. C-08-1531-MHP in U.S. District Court for the Northern District of California. To all persons who were granted lawful permanent resident status by the U.S. Executive Office for Immigration Review (EOIR), through the Immigration Courts or the Board of Immigration Appeals (BIA), and to whom the U.S. Citizenship and Immigration Services (USCIS) has not issued evidence of registration as a lawful permanent resident, and to persons who will be granted lawful permanent resident status by EOIR who do not receive such evidence of registration, you are hereby notified that at a fairness hearing in San Francisco on July 21, 2008, federal district court Judge Marilyn H. Patel approved the parties’ proposed settlement agreement of claims brought on your behalf in this litigation.

The full notice of the final settlement agreement, a copy of the agreement, and a copy of the court’s approval order are accessible here.

If you have been granted Lawful Permanent Resident or Asylum status during proceedings before an Immigration Judge or the Board of Immigration Appeals (BIA) and you have not yet received documentation of your status, please schedule an appointment with your local USCIS office to get that documentation. If you need more information about a case currently before an Immigration Judge or BIA, please contact EOIR.
WORK AUTHORIZATION AUTOMATIC FOR ASYLEES. March 10, 2003, the US Citizenship and Immigration Services announced that it concurs with a June 2002 opinion that asylees/refugees are authorized to work whether or not they have DHS-issued work authorization documents. Details.
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