New I-9 Handbook for Employers - Immigration Lawyer

1839. Q.A.I have heard that some stateemployment agencies can certify thatpeople they refer are eligible to work.Is that true?Yes. State employment agencies mayelect to provide persons they refer with acertification of employment eligibility. Ifone of these agencies refers potentialemployees to you with a job order or otherappropriate referral form, and the agencysends you a certification within 21 businessdays of the referral, you do not have tocheck documents or complete an I-9 if youhire that person. However, you mustreview the certification to ensure that itrelates to the person hired and observe theperson sign the certification. You mustalso retain the certification as you would anI-9 and make it available for inspection, ifrequested. You should check with yourstate employment agency to see if itprovides this service and become familiarwith its certification document.Questions Ouestions About Avoiding Discrimination40. Q. How can I avoid discriminating againstcertain employees while still complyingwith this law?A. You can avoid discriminating against certainemployees and still comply with the law byapplying the employment eligibility verificationprocedures of this law to all newly hiredemployees and by hiring without respect tothe national origin or citizenship status ofthose persons authorized to work in theUnited States. To request to see identity andemployment eligibility documents only frompersons of a particular origin, or from personswho appear or sound foreign, is a violation ofthe employer sanctions laws and may also bea violation of Title VII of the Civil Rights Act of1964. You should not discharge presentemployees, refuse to hire new employees, orotherwise discriminate on the basis of foreignappearance, accent, language, or name.41. Q. I know that the Act prohibitsdiscrimination on the basis of citizenshipstatus against ''protected individuals.''Who are protected individuals?A. Protected individuals include citizens ornationals of the United States, lawfulpermanent residents, temporary residents,and persons granted refugee or asylee status.The term does not include aliens in one ofthose classes who fail to make a timelyapplication for naturalization after theybecome eligible.42. Q. Can I be charged with discrimination if Icontact the INS about a documentpresented to me that does not reasonablyappear to be genuine and relate to theperson presenting it?A. No. The anti-discrimination provisions of theAct only apply to the hiring and discharging ofindividuals. While you are not legally requiredto inform the INS of such situations, you maydo so if you choose to.