Form I-9

Mandated by the Immigration Reform and Control Act of 1986, it is used to verify the identity and legal authorization to work of all paid employees in the United States.

[1] The Immigration Reform and Control Act of 1986 (IRCA) required employers to verify that all newly hired employees presented facially valid documentation verifying the employee's identity and legal authorization to accept employment in the United States.

[2] However, a company could still find itself liable if it contracts work to a contractor it knows either is or employs unauthorized workers.

[citation needed] The Immigration Reform and Control Act which introduced the requirement leading to the promulgation of the I-9 form also included anti-discrimination provisions.

[2] For example, an employer could not refuse to hire a candidate because his I-9 revealed that he was a non-citizen (such as a permanent resident or a refugee) rather than a U.S. citizen.

For this reason some immigration lawyers advise companies to avoid requiring an I-9 until a candidate is hired rather than risk a lawsuit.

[2] As another example, a company could not insist that an employee provide a passport rather than, say, a driver's license and social security card.

The Office of Special Counsel for Immigration-Related Unfair Employment Practices ("OSC") is a section within the Department of Justice's Civil Rights Division that enforces the anti-discrimination provision of the Immigration and Nationality Act ("INA").

The OSC can help workers by calling employers and explaining proper verification practices and, when necessary, by providing victims of discrimination with charge forms.

It provides staff to speak at outreach events throughout the country, and has free informational brochures, posters and tapes for distribution.

The OSC investigates the following types of discriminatory conduct under the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C.

With respect to hiring, firing, recruitment or referral for a fee by employers with more than three and fewer than fifteen employees, employers may not treat individuals differently because of their place of birth, country of origin, ancestry, native language, accent or because they are perceived as looking or sounding foreign.

All U.S. citizens, lawful permanent residents and work authorized individuals are protected from national origin discrimination.

Individuals who file charges with OSC; who cooperate with an OSC investigation; who contest action that may constitute unfair documentary practices or discrimination based upon citizenship, immigration status, or national origin; or who assert their rights under the INA's anti-discrimination provision are protected from retaliation.