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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-9. In 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:
1-800-255-8155
1-800-362-2735(TDD)
Worker Hotline:
1-800-255-7688
1-800-237-2515(TDD)
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.
ACCESS TO GOVERNMENT FOR PEOPLE WHO ARE LIMITED ENGLISH
PROFICIENT. Web Site and
Press Release.
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