Telephone Interventions
IER Interventions: Refugee and Asylee Statuses
Fiscal year covers the period of October 1 thru September 30
Fiscal Year 2023
Las Vegas, NV
On October 5, 2022, an IER attorney helped an asylee return to work after his employer, a hotel, initially refused to accept the caller’s unrestricted Social Security care during the reverification process. The IER attorney called the hotel and explained that an unrestricted Social Security card is sufficient for reverification, and the hotel decided to accept the asylee’s documentation and he returned to work.
Bellingham, WA
On October 11, 2022, an asylee called because her employer rejected her I-94 and state ID. IER contacted the employer to explain that an asylee’s I-94 is a valid List C document, that in combination with a List B document, suffices for the I-9. The employer decided to accept the worker’s documents and allow her to onboard.
California
On November 9, 2022, IER assisted an asylee who was having a difficult time obtaining an unrestricted social security card from the local office of the Social Security Administration. IER spoke with agency contacts and the asylee was able to obtain the updated card.
Nashville, TN
On November 17, 2022, IER assisted a refugee service provider who reported that a staffing agency was refusing to accept refugee I-94s for the Form I-9. IER spoke to the employer, and explained that an I-94 with an admission class of “RE” is an acceptable receipt for a List A document, and is valid for 90 days from the first day of work. IER also pointed the employer to USCIS‘s website, including information about Employment Authorization Document (EAD) extensions and acceptable List C7 documents. The employer decided to accept refugee I-94s and complete onboarding for a refugee who had recently presented one for the Form I-9.
Florida
On November 21, 2022, IER successfully completed a telephone intervention involving a family of three asylees. The family had applied for their unrestricted Social Security cards, which can be used to show someone’s work authorization during the Form I-9 process, but received restricted cards instead. They visited the Social Security office but were unable to get unrestricted cards. IER contact the Social Security Administration which looked into the situation and determined the family was eligible for unrestricted Social Security cards, and issued them.
St. Charles, IL
On November 29, 2022, IER saved the job of a refugee at a staffing agency. The refugee showed an Employment Authorization Document (EAD) when he was hired and tried to show his unrestricted Social Security card during the reverification process, but the company requested a new Department of Homeland Security-issued document. IER called the company and provided information about reverification, including that workers are allowed to provide any List A or List C document for reverification. After the employer reviewed the information, the refugee was allowed to continue working.
Hennepin County, MN
On November 30, 2022, IER received a hotline call from an asylee whose work permit that day and whose employer was not accepting an unrestricted Social Security card for reverification. IER contacted the employer and provided information on reverification and the company decided to accept the caller’s Social Security card and the caller was able to keep working.
Tennessee
On December 8, 2022, IER received a call from a refugee service provider informing IER that an employer was requesting applicants for employment to provide specific immigration documents for purposes of the Form I-9, even after they had provided acceptable documents for the Form I-9. IER spoke with the employer and clarified that the employer’s obligation is not to verify the information in section 1 of the Form I-9, and that an employer may not request workers to present specific or more documents than necessary based on their citizenship status or national origin. Based on the information IER provided, the employer indicated it would accept applicants’ choice of documents for the Form I-9.
Virginia
On December 16, 2022, IER received a call from an asylee who reported a job offer was rescinded by a staffing agency after it learned the caller is an asylee, apparently due to concerns that the caller is not a U.S. person as that term is defined by ITAR. IER contacted the agency and explained that ITAR does not restrict the hiring of individuals, but even if it did, asylees are U.S. persons and therefore do not require a license to access items subject to ITAR. Based on this information, the company decided to provide $17,000 in back pay to the hotline caller and onboard the caller.
Owensboro, KY
On December 19, 2022, IER saved the job of a refugee. The refugee’s employer told him that he needed to present immigration documentation. IER contacted the employer and the employer had identified an issue with the caller’s Section 1 information and also noticed the documentation the worker originally showed (an Employment Authorization Document). IER shared USCIS’s guidance on how a worker can update Section 1 information and also provided information on proper reverification, including that workers are allowed to show their choice of a List A or List C document. The worker corrected his Form I-9 and showed an unrestricted Social Security card for reverification and was able to keep working.
Aurora, IL
On December 21, 2022, an IER staff member intervened to assist a refugee to begin working with a staffing company. The worker presented her employer her I-94, a valid List A receipt. The employer, however, told the worker that she could only begin work once she had provided additional documentation. IER emailed the employer information outlining the validity of a refugee I-94 and provided guidance from USCIS on this type of receipt. The employer decided to accept the worker’s I-94 and allow her to begin employment.
Atlanta, GA
On January 3, 2023, IER assisted a refugee, whose retail employer was refusing to accept their valid state identification card and unrestricted Social Security card for the Form I-9. IER spoke to the employer and explained that all workers, regardless of citizenship status, have the right to present their choice of acceptable documents for the Form I-9. The employer decided to accept the worker’s List B and C documents and allowed the worker to complete onboarding.
Dallas, TX
On January 24, 2023, IER learned that an asylee would be able to continue in the job application process after initially being rejected due to his citizenship status. The asylee called IER’s hotline because the company initially told him it was only looking for non-U.S. citizens with Permanent Resident Cards (aka Green Cards), even though the asylee had other acceptable work authorization documents. IER contacted the company and provided information that asylees are among the groups who are protected from citizenship status discrimination. After the company reviewed the information, the asylee was allowed to move forward and participate in a formal interview.
Michigan
On January 24, 2023, IER successfully completed a telephone intervention involving a family of five asylees. The family had made multiple attempts to obtain unrestricted Social Security cards, which can be used to show someone’s work authorization in the Form I-9 process. But the Social Security Administration initially only issued restricted Social Security cards. IER contacted the Social Security Administration, which verified that the family’s asylum status made them eligible for unrestricted Social Security cards. Social Security then issued the new cards.
Bowling Green, KY
On January 25, 2023, IER learned that it saved the job of an asylee at a janitorial company. The worker had presented an Employer Authorization Document for Section 2 and it was going to expire, so the caller presented his unrestricted Social Security card for reverification. The employer incorrectly told the caller he needed to present another DHS document for reverification. IER contacted the employer and provided information about proper Form I-9 practices. The caller was able to show his unrestricted Social Security card and did not lose any time off of work.
California
On January 27, 2023, the Social Security Administration issued an asylee his unrestricted Social Security card after IER informally reached out. The asylee initially had an issue showing his I-94 with an asylum stamp. Social Security ensured the office was aware of asylees’ eligibility for unrestricted Social Security cards, and that an asylee I-94 is sufficient to demonstrate asylum status.
Houston, TX
On February 2, 2023, IER saved the job of a refugee from El Salvador. The worker had been hired earlier in the week at a hotel and presented a refugee I-94, which is a List A receipt valid for 90 days. However, because the worker had also shown the employer her prior Employment Authorization Document (EAD), the employer told the refugee that she needed to apply for a new EAD to be able to work for the company. The worker called IER’s hotline and IER contacted the company. The company decided to accept the I-94 for the Form I-9.
Philadelphia
On February 16, 2023, IER successfully completed a telephone intervention to help an asylee renew her State ID license. The caller had attempted to renew her State ID three times and each time was told that additional verification through SAVE was needed. In addition, the DMV representative mistakenly thought the caller was a permanent resident and requested her Permanent Resident Card and would not accept the documentation the caller provided showing she is an asylee. IER contacted SAVE and SAVE contacted the DMV to resolve any confusion on the part of DMV. The DMV then contacted the caller so she could return and finish the application process for her new driver’s license.
Unknown
On February 16, 2023, IER learned that a state DMV updated the software used to process applications for driver’s licenses and state IDs to make sure asylees and refugees could be issued full duration licenses and IDs. Refugee service providers contacted IER because several asylees and refugees were receiving short-term IDs instead of full-duration IDs they were eligible for. The DMV’s software did not accept I-94s to be entered unless accompanied by a foreign passport, even though refugee and asylee I-94s are evidence of their lawful presence without a foreign passport. IER provided the DMV information and guidance from USCIS’s Systematic Alien Verification for Entitlements (SAVE) program regarding the validity of refugee and asylee documentation. The DMV reviewed the SAVE material and changed its system to allow refugees and asylees to show the full range of documentation available to them.
Missoula, MT
On March 3, 2023, IER assisted a refugee after her employer notified her that she could not use an I-94 to demonstrate her work authorization. IER contacted the employer and provided USCIS information showing that refugees can use their I-94 as a List A receipt for 90 days. The company decided to accept the document and allowed the worker to begin work.
Minnesota
On March 3, 2023, IER learned that it had successfully assisted a refugee by providing information to her employer about the type of acceptable documentation the caller was using for the Form I-9. The caller showed her employer her learner’s permit and unrestricted Social Security card, which are acceptable List B and List C documents. However, the employer asked the caller to produce a green card or another List A document. IER provided information to the employer’s counsel about acceptable documentation for the Form I-9 and the prohibition against requesting more, different, or specific documents based on someone’s citizenship status. The employer subsequently decided to accept the documentation she had presented to complete the Form I-9 and begin work.
Stockton, CA
On March 6, 2023, IER assisted an asylee who was having a difficult time getting his employer to accept his asylee I-94 as a List C document. IER spoke with the employer about asylee I-94s and the employer decided to accept the caller’s document and the caller returned to continue his onboarding.
New York
On March 23, 2023, IER successfully completed a telephone intervention allowing an asylee to renew his driver’s license. The asylee called IER’s hotline to report that the department of motor vehicles would not accept the documents he presented demonstrating his asylee status. IER contacted the Department of Motor Vehicles and provided information on the types of documentation the asylee had presented. The Department of Motor Vehicles decided that this documentation met its requirements and the asylee was able to continue in the process and renew his driver’s license.
Indianapolis, IN
On March 27, 2023, an IER staff member intervened and saved the job of a refugee. The worker received an E-Verify Final Nonconfirmation and was terminated from her job. The caller reached out to IER which helped identify the issue that caused the Mismatch, an error in the caller’s Social Security number that was entered into E-Verify. IER contacted the employer and the employer decided to rehire the caller and created a new case with the caller’s correct information.
Chicago, IL
On March 29, 2023, IER saved the job of a refugee who sought work at a staffing company. The refugee wanted to show his State Department Transportation Boarding Letter and unrestricted Social Security card for the Form I-9 but the company was confused about the documentation. IER spoke to the refugee and the employer at the same time to clarify the fact that the letter was a type of List B document. The employer accepted the documents.
Bowling Green, KY
On April 3, 2023, IER learned that it saved the job of a refugee. The worker had tried to show her state ID and unrestricted Social Security card for the Form I-9 process, but the HR representative rejected the documents and asked to see an Employment Authorization Document. The refugee’s case worker contacted IER, and IER contacted the company’s attorney. Within 24 hours, the company reversed its decision and the caller returned. She also received $1,488 for the 96 hours of work that she missed.
Maryland
On April 11, 2023, IER learned that two recent asylees had been able to obtain state IDs. The asylees had been run through SAVE in January 2023 with their asylum I-94s, but USCIS was unable to confirm their lawful status. The asylees’ attorney contacted IER, and IER contacted both the DMV and SAVE. SAVE reviewed the other case and returned the result to the DMV, and the DMV issued the asylees their new state IDs.
Buffalo, NY
On April 20, 2023, IER intervened and saved the job of a refugee. The caller’s Employment Authorization Document had expired, and his employer refused to accept his unrestricted Social Security card as proof of his continued work authorization during the reverification process. IER contacted the employer and explained to them that an unrestricted Social Security card is sufficient to establish a worker’s indefinite work authorization, without need to reverify it again. The employer decided to allow the worker to continue working without further interruption.
Illinois
On May 17, 2023, IER learned that it had successfully assisted two refugees continue working after their employer initially requested that they show a new Employment Authorization Document (EAD) during the reverification process. The callers had been told that they needed to produce new, unexpired EADs to continue working for the employer, or they would be terminated. The IER staffer provided information to the employer about proper reverification procedures, and the employer subsequently decided to accept the callers’ selected List C documents, their unrestricted Social Security cards. The callers were able to keep working without interruption.
Washington, DC
On May 17, 2023, IER saved the job of an asylee from El Salvador who was going to be fired because the employer did not realize that her asylum I-94 was sufficient for reverification. IER provided the employer information on proper reverification procedures, including that asylee I-94s are valid List C documents. As a result of the IER intervention, the employer did not terminate the worker.
Sterling, VA
On May 17, 2023, IER assisted a refugee who had adjusted her status to permanent residency whose employer was rejecting her combination of driver’s license and Social Security card. IER reached out to the employer and provided some information about the Form I-9 process and the lists of acceptable documents, and the employer decided to accept the caller’s documents.
Ellington, CT
On May 18, 2023, IER saved the job of an asylee who was going to be fired because the employer did not realize that his asylum I-94 was sufficient for reverification. IER provided the employer information on proper reverification procedures, including that asylee I-94s are valid List C documents. As a result of the IER intervention, the employer did not terminate the worker.
Aurora, IL
On May 25, 2023, IER saved the job of a refugee who was terminated after his Employment Authorization Document (“EAD”) expired, even though the caller had provided an unrestricted Social Security card for reverification. IER explained to the employer that an unrestricted Social Security card was sufficient for reverification. As a result of the IER intervention, the caller was able to immediately resume working.
Buffalo, NY
On May 30, 2023, IER intervened and ensured that a refugee was reinstated after an employer improperly denied her unrestricted Social Security card as proof of her continued work eligibility. The employer mistakenly thought that the caller had to provide an Employment Authorization Document to continue working, although anyone with an unrestricted Social Security card can present this to indefinitely satisfy the List C requirements for the Form I-9. Following IER’s intervention and provision of information about this type of Form I-9 document, the employer decided to accept the caller’s Social Security card and provided $212 in backpay.
Birmingham, AL
On June 8, 2023, IER learned that it saved the job of an asylee. He accepted a job at fast food restaurant and showed his state ID and asylum I-94 for the Form I-9. The restaurant rejected the I-94 because it wasn’t accompanied by a passport. IER called the company and explained that asylum I-94s are List C documents that don’t require a passport to be used for the Form I-9, and provided USCIS resources. The company rehired the worker immediately.
Virginia
On June 12, 2023, IER learned that it helped an asylee obtain a Social Security card. The asylee had applied for a Social Security card but was told he would need to provide a passport and I-94. IER contacted the Social Security Administration which determined the asylee didn’t need to provide that additional documentation. The asylee was able to re-apply and receive his Social Security card.
Oshkosh, WI
On June 12, 2023, IER learned that it helped a refugee service provider place its clients in housekeeping positions at a hotel. The service provider had several clients working in housekeeping positions in different hotels. These workers did not speak English but were nevertheless able to do their jobs well. However, one hotel manager stated that the hotel would not accept workers who did not speak English. The refugee service provider called IER, and IER contacted the company to clarify the hotel’s policies. The company confirmed it did not have an English language requirement unless they were necessary for the effective performance of a particular position, and the housekeeping jobs did not require English skills. The company continued the application process for one refugee and will consider future applicants who meet the qualifications, too.
Oshkosh, WI
On June 14, 2023, IER helped a refugee service provider get refugee clients jobs at an assisted living facility. The company had told the service provider that the positions the refugees were applying for required English language skills. IER contacted the company to confirm the company’s policies and provided information from the Equal Employment Opportunity Commission on national origin discrimination. The company decided to consider all qualified job applicants regardless of English language skills for those positions that don’t require English language skills to effectively do the job.
Chicago, IL
On June 28, 2023, IER learned that it helped a refugee return to work at a hotel. The refugee had received a Tentative Nonconfirmation (mismatch) in E-Verify and was told she could not work. IER contacted the hotel and explained how the mismatch process workers, including that an employer isn’t allowed to suspend or take any other negative action against a worker who has decided to take action on a mismatch, due to the pending mismatch. The hotel then called the refugee back to work.
Chicago, IL
On August 8, 2023, IER helped a refugee keep his job. The refugee attempted to present his unrestricted Social Security card and State Department-issued Transportation Boarding letter for the Form I-9, but the employer was unfamiliar with the Transportation Boarding Letter and rejected it. IER contacted the company to explain that a Transportation Boarding Letter is a List B document, per guidance on I-9 Central. The employer decided to hire the worker without delay.
Fort Worth, TX
On August 10, 2023, IER helped a refugee keep working after the caller’s employer initially would not accept an unrestricted Social Security card for reverification. IER contacted the employer and provided information about proper reverification practices, including that workers can decide which valid List A or List C document they want to show during this process. The employer decided to accept the caller’s Social Security card.
Florida
On August 20, 2023, IER helped an asylee continue in the process of applying for a business account. The caller’s bank initially did not believe it could accept the documentation the caller was showing to establish he had been granted asylum and therefore had permission to live and work in the United States that doesn’t expire. IER contacted the bank and passed along information about the type of documentation the caller was showing and the bank determined the caller’s documentation met its requirements and processed the caller’s application.
Shepherdsville, KY
On August 21, 2023, IER received a call from a case worker at a refugee resettlement agency on behalf of his client who was suspended from his job because his employer was refusing to accept his unrestricted Social Security card as an acceptable List C document for Form I-9 reverification. After IER reached out to the employer, they decided to accept his Social Security card and allowed him to return to work. The company also decided to pay the worker approximately $575 in backpay for the days he was suspended.
Fiscal Year 2022
Kansas City, KS
On October 1, 2021, IER learned that it helped save the job of three refugees at a maintenance company. The workers completed the Form I-9 process but were unable to begin work because the company’s background check process required them provide a Social Security number and they had not yet been issued their numbers. The workers’ refugee service provider contacted IER, and IER contacted the company. The company recognized the issue and worked directly with the refugee service provider to address the problem. The workers were able to pass the background check and began work.
New Brunswick, NJ
On October 1, 2021, a social worker contacted IER on behalf of a group of refugees who were unable to start work because they had yet to receive their Social Security cards. IER contacted the employer and explained that Social Security cards are not necessary for the Form I-9 and that a worker may choose to present any acceptable documents from the Form I-9 List of Acceptable Documents to prove their identity and authorization to work in the United States. Additionally, IER provided the employer with information about how to report wages and fill out the W-2 when a worker is still waiting for their Social Security number. On November 13, 2021, the social worker informed IER that the employer had accepted the individuals’ Employment Authorization Documents, or EADs, for the Form I-9, and allowed the individuals to start working while waiting for their Social Security cards.
Plainfield, IN
On October 12, 2021, IER helped two refugees return to work and receive back pay after their employer, a retail company, fired them due to a Form I-9 issue. The workers presented Employment Authorization Documents for the Form I-9 when they started their jobs and presented their unrestricted Social Security cards for reverification, but the employer said the workers needed to present new documentation from the Form I-9’s “List A” because the workers had presented List A documents, their EADs, when they first completing the Form I-9. The refugee’s service providers contacted IER and IER contacted the company. The company reinstated the workers and decided to pay each worker full back pay for the time they were out of work. The company paid one worker $9,545 and the other worker $7,136. Liza Zamd (both workers made 18.45/hour for straight time and $27.68/hour for OT).
Kansas City, KS
On October 22, 2021, IER learned that it helped resolve a background check problem for some workers with asylum and refugee status. As part of the background check, the workers were being asked for their Social Security number, which they had not yet been issued, along with documentation from their country of birth. Such documentation is often very challenging for asylees and refugees to obtain or present. The workers’ refugee service provider contacted IER, and IER contacted the janitorial company hiring the workers and the company where they would be doing their work. Neither company were aware of the delay the workers were having due to these requirements and together, the three companies were able to remove the requirement for the Social Security number and documentation from the workers’ country of origin.
Massachusetts
On October 27, 2021, IER saved the job of an asylee who worked at an airport. The asylee tried to show his I-94 for the badge renewal process, but the airport would not accept the documentation. The asylee called IER and IER contacted the regulatory authority that conducts the badging process. The badging office immediately recognized its error, confirmed that the asylee I-94 was valid for the badging process, and resumed the badging process for the caller.
California
On November 5, 2021, a worker called and said that he and three family members, all of whom are refugees, were unable to renew their driver’s licenses and IDs because the DMV rejected their Employment Authorization Documents (EADs) because they were due to expire in December 2021. IER contacted the DMV’s counsel to inquire about the status of the workers’ applications, and counsel responded on November 9, 2021 that the DMV would accept the workers’ alternate documentation and issued them REAL ID-compliant DLs and IDs.
Chicago, IL
On November 9, 2021, IER intervened and saved the job of an asylee. The employer had requested a new Employment Authorization Document (EAD) for reverification upon the expiration of the worker’s EAD presented at hire. The worker called IER for assistance, and IER reminded the worker that he could present any valid List A or List C document. The worker, who had an unrestricted Social Security card, wished to present that for reverification. IER then called the employer and explained that it was the worker’s choice of which List A or List C document to present, referring the employer to the M-274 Handbook for Employers, and the employer decided to accept the unrestricted Social Security card.
Kansas City, KS
On November 10, 2021, IER saved the jobs of three refugees. The workers applied for temporary positions at a staffing agency but the company’s recruiter incorrectly stated that to pass a background check, the workers needed to have a Social Security number. The workers’ refugee service provider contacted IER, and IER contacted the company. The company’s attorney confirmed the workers did not need to have their Social Security numbers to continue in the process and the company successfully onboarded them, including by completing their background check.
Chicago, IL
On November 11, 2021, IER helped a refugee receive two months of wages for work already performed. The caller had not yet been issued a Social Security number and his employer did not know how to process payroll in this situation. After two months of not getting paid, the refugee told his service provider and the service provider contacted IER. IER called the company and provided it with information from IRS and SSA about how to report wages for workers who have not yet received their Social Security numbers. The company followed the instructions and was immediately able to process the refugee through payroll. The refugee received over $5,400 in back wages.
Stone Mountain, GA
On November 12, 2021, a refugee contacted IER because her employer terminated her for now showing the employer’s requested documentation for reverification. Although the caller has an unrestricted Social Security card, her employer requested a new Employment Authorization Document or “green card,” and terminated her when she did not show either document. IER contacted the employer, and the employer decided to reinstate the worker and paid her 120 hours’ worth of back pay, approximately $2,000, for the time she was out of work
New York
On November 15, 2021, IER saved the job of an asylee by assisting in him renewing the badge he needed to access his job at an airport. The worker’s initial badge had expired and the worker had sufficient documentation to comply with the airport badging authority’s requirements, but was incorrectly told by an airport badging official that an unrestricted Social Security card was not acceptable and that he instead needed to present an immigration document. IER contacted the airport and confirmed that his unrestricted Social Security card was acceptable. The asylee returned to the badging office and was processed without further delay.
Franklin, KY
On November 18, 2021, IER saved the job of a refugee at a manufacturing company. The worker showed an Employment Authorization Document (EAD) when he was hired and tried to show his unrestricted Social Security card during the reverification process, but the company requested a new Department of Homeland Security-issued document. The worker’s refugee service provider contacted IER and IER called the company and provided information about reverification, including that workers are allowed to provide any List A or List C document for reverification. The worker presented his Social Security card and did not miss any work.
Saint Paul, MN
On November 18, 2021, an IER staff member intervened and saved the job of a refugee whose Employment Authorization Document (EAD) expired on September 20, 2021, and was not given the option of providing an unrestricted Social Security Card (SSC) to demonstrate his continued right to work. The employer communicated through an interpreter that the worker needed to present a new EAD or a Permanent Resident Card (PRC) to re-reverify his employment eligibility. Because the employer did not provide the worker with the List of Acceptable Documents, the worker was unaware of his right to present his unrestricted Social Security card. As a result, the employer terminated the worker. The IER staff member contacted the employer and explained the reverification process and that employers should provide workers being reverified the Lists of Acceptable Documents. IER also provided USCIS and IER information explaining that an unrestricted Social Security card is sufficient for reverification. As a result, the employer decided to reinstate the worker, retrain its HR Staff and mangers on proper I-9 procedures, and ensure all HR personnel and mangers are aware of IER’s Employer hotline number. The employer also decided to give the worker $5,130.00 in backpay for the nine weeks he was out of work.
Hartford, CT
On November 19, 2021, an asylee called IER because his employer was requesting a new Employment Authorization Document for reverification and was not accepting the caller’s I-94, which is a valid List C document. IER contacted the employer and provided information about asylee I-94s as List C documents, and sent USCIS guidance on the I-94. The employer decided to accept the asylee’s I-94 and he continued working.
Silver Spring, MD
On November 29, 2021, an IER staff member completed a successful intervention after receiving a call from an organization that assists refugees. A refugee had applied online to for a technology position but a recruiter for the company refused to consider him until the refugee identified his “visa” status. IER contacted the company to inquire whether the specific position was limited to a specific citizenship or immigration status based on a valid, legal reason. The company determined there was no legal requirement to limit the job to individuals based on citizenship or immigration status and decided to move the refugee along in the recruitment process.
Raleigh, NC
On November 30, 2021, IER learned that it had saved the job of a refugee whose employer had threatened to terminate the worker due to his lack of a Social Security number (SSN). Workers can be hired and begin work even if they have not received an SSN so long as they have sufficient documentation to complete Section 2 of the Form I-9. However, the employer believed it could not hire the employee beyond his first paycheck if he did not receive an SSN, due to payroll and tax obligations. IER reached out to the employer and provided guidance from the Social Security Administration, the Internal Revenue Service, DHS U.S. Citizenship and Immigration Services, and the Equal Employment Opportunity Commission. The employer decided to allow the refugee to continue working at the company.
Indianapolis, IN
On December 3, 2021, an asylee contacted IER because his employer requested documentation for the Form I-9 to continue working. The employer had requested that the caller present a new Employment Authorization Document or an unrestricted Social Security card, and had rejected other acceptable document the worker presented for the Form I-9. IER contacted the employer and provided guidance, reminding them that all employees may provide their choice of documents and that rejecting valid documents and requesting more or different documents based on a worker’s citizenship status may be unlawful. The employer decided to accept the document the worker had previously presented and the worker was able to continue working.
Aurora, CO
On December 16, 2021, IER saved the job of a refugee who had just been hired at retailer. The refugee tried to present his I-94 when he was hired, but the company said that he needed to show a state ID to go with it. The refugee’s service provider contacted IER, and IER contacted the company’s attorney. Within 24 hours of IER contacting the company, the company called the worker back so he could continue the onboarding process.
Colorado
On December 20, 2021, IER learned that it helped save the job of a refugee who had been unable to obtain a new airport badge required for his job. Previously, the worker had shown his Employment Authorization Document (EAD) and obtained a badge, but his EAD expired and he was unable to obtain a new badge, even though the worker showed other documentation that met the airport’s requirements. IER contacted the airport and explained that refugees have work authorization that does not expire and can demonstrate work authorization with a variety of documentation including an unrestricted Social Security card. After looking into the issue, the refugee returned to the badging office and was processed without further delay.
Gap, PA
On December 22, 2021, IER assisted a refugee whose employer was rejecting his valid Form I-9 documentation. The refugee initially presented an unrestricted Social Security card and a List B State Department-issued Transportation Boarding Letter with an I-94 stamp. However, the employer later requested that the worker show additional documents. The worker called IER, and IER called the employer and explained that workers who show the types of documents the caller showed do not have to show additional documentation and the employer then decided to allow the worker to return to work.
Cincinnati, OH
On December 22, 2021, IER saved the job of a refugee whose employer told him he could not work until he received an E-Verify Employment Authorized result. The refugee did not yet have a Social Security number, and the employer incorrectly told the refugee that because his employer uses E-Verify, the employer needed a Social Security number to hire him. The worker’s refugee service provider called IER and an IER attorney spoke with the employer and explained that E-Verify rules require the employer to hold off creating an E-Verify case until an employee receives their Social Security number. IER directed the employer to the E-Verify User Manual (M-775) and guidance from the Social Security Administration and Internal Revenue Service on how to pay a worker who has not yet received a Social Security number. After reviewing the information, the employer decided to hire the refugee and allow him to start work.
Dallas, TX
On December 22, 2021, IER saved the job of an asylee who had begun working at an insurance company. The asylee tried to present his asylee I-94 and a state ID for Section 2 of the Form I-9. However, the company saw the employee’s expired Employment Authorization Document (EAD) told the caller he could not work until he renewed his EAD. IER contacted the employer and provided information on asylee I-94s, which are acceptable List C documents. The company decided to continue onboarding the asylee with his ID and asylee I-94.
Jeffersonville, IN
On December 30, 2021, IER learned that it saved the job of a refugee. The company rejected the worker’s unrestricted Social Security card during the Form I-9 reverification process and suspended him, even though this type of document is sufficient for reverification. The refugee’s service provider contacted IER, and IER contacted the company. The company brought the employee back to work and paid him $272 for the 17 hours that he missed.
Modesto, CA
On January 7, 2022, a refugee who presented an I-94 when completing the Form I-9 called IER because her manager was requiring her to provide a green card to show her continued employment authorization. As a refugee, the caller would not have a green card and explained to IER that she had been suspended when she was unable to show the requested document. IER called the employer and the employer decided to accept the caller’s List B document and Social Security card, and called the worker to return to her job.
Windsor, CT
On January 10, 2022, a refugee and her advocate contacted IER when the refugee’s employer did not accept her employment eligibility documents because the employer was not familiar with one of the documents. IER contacted the company and provided information about the type of documentation the refugee was showing, and the employer decided it satisfied the Form I-9 and continued the onboarding process for the worker.
Columbus, OH
On January 13, 2022, IER assisted a refugee in returning to her work. The refugee called IER’s hotline because her employer rejected her Social Security card when reverifying her employment authorization, and requested that she present an unexpired Employment Authorization Document (EAD). The employer then terminated her when she could not provide an EAD even though refugees are authorized to work based on their immigration status and are not required to have an EAD. IER contacted the employer and the employer decided to rehire her.
Dallas, TX
On January 18, 2022, IER saved the job of an asylee. The caller’s employers did not believe it could accept an asylee I-94 for the Form I-9. IER contacted the company and explained that an asylee I-94 as an acceptable List C document, and directed the employer to USCIS resources discussing this type of document. The employer decided to accept the caller’s I-94 and the caller did not lose any time off of work.
Nevada
On January 19, 2022, IER assisted an asylee who contacted IER because of issues obtaining a badge required to access his job at an airport. IER contacted the airport and confirmed the worker’s options for meeting the airport’s requirements. The airport confirmed it could accept the worker’s documentation and the worker was able to begin working.
Michigan
On January 25, 2022, IER received a call from a refugee service provider who reported several refugees’ employment was delayed because they had not yet received their Social Security numbers, despite having sufficient documentation for the Form I-9. IER contacted the employer and shared public resources for the onboarding of employees who are awaiting their Social Security numbers. The employer also mentioned that their onboarding software did not permit the onboarding of such employees, but after discussing possible work-arounds, the employer decided to make simple modifications to its software to avoid the issue going forward.
Minnesota
On February 7, 2022, IER assisted a refugee in renewing his badge to access his job at an airport. The caller reached out to IER because the badging office requested an Employment Authorization Document. IER reached out to the badging office and provided information about refugee I-94s, which the caller had and wished to show. The badging office decided the I-94 met its requirements and the refugee was able to move ahead in the process.
Myrtle Beach, SC
On February 8, 2022, IER intervened to save the job of a refugee. The caller worked for a hotel and her Employment Authorization Document was set to expire on February 4, 2022. The caller showed an unrestricted Social Security card during the reverification process but the employer also requested a List B identity document and then fired the worker when she did not provide one. The worker called IER and IER called the employer to explain that employers should not request List B documents during the reverification process. The employer decided to rehire the worker and paid backpay for the three days of scheduled work she missed. The employer also decided to reinstate all of the worker’s benefits, including physical therapy for a prior work injury.
Edison, NJ
On February 14, 2022, IER assisted an asylee whose employer did not accept his Form I-94 for reverification. The worker had previously presented an Employment Authorization Document, which, upon its expiration, required reverification. The caller’s employer did not place him back on the schedule after he presented his asylee I-94. IER contacted the employer about the issue. The employer immediately put the worker back on the schedule and volunteered to pay him $3,060 in back pay to cover the time that he was out of work.
New York, NY
On February 15, 2022, IER assisted an asylum seeker who was terminated from his job because his Employment Authorization Document (EAD) had an expiration date of January 12, 2022. Despite the date on the card, the worker’s EAD was automatically extended for six months based on the timely filed renewal application. IER contacted the employer and provided information about the automatic extension. The employer allowed the worker to return to work immediately and provided him back pay for approximately 100 hours of missed work.
Minneapolis, MN
On February 28, 2022, IER assisted a refugee with keeping his job, after his employer requested that he show a new Employment Authorization Document (EAD) for reverification. The caller contacted IER because the employer was requesting an EAD even though the caller had and wished to present an unrestricted Social Security card, which is sufficient for reverification. IER contacted the employer and explained a worker has a choice of what documents to present at reverification including an unrestricted Social Security card. The employer accepted the worker’s Social Security card, and the worker returned to work. The employer also paid the worker back pay ($1015.43) for the time he was out of work.
Fort Worth, TX
On March 9, 2022, an IER attorney received a hotline call from a refugee who was being threatened with termination from his job if he could not show an updated Employment Authorization Document (EAD). The worker had attempted to present his unrestricted Social Security card to show work authorization but the employer rejected the Social Security card and insisted the worker show a new EAD. IER contacted the employer and the employer acknowledged that the worker could present any acceptable List A or List C document to reverify his work authorization. Subsequently, the worker presented his Social Security card again and the employer accepted it and confirmed that the worker would not be terminated.
Texas
On March 14, 2022, IER assisted a refugee in getting a permit for a non-domiciled commercial driver’s license (CDL). The refugee had questions about documentation requirements for the type of license the caller was seeking, and IER assisted the refugee in obtaining her refugee I-94. IER then contacted the DMV to explain the types of documentation the caller had and confirm the type of license she was eligible for, then provided the DMV copies of the documentation. The DMV determined that the caller’s documentation satisfied its requirements the non-domiciled CDL and issued her a permit for the license.
Texas
On March 24, 2022, IER learned that it helped a refugee regain his job at an airport. The refugee’s Employment Authorization Document (EAD) expired but he had other valid documentation for the airport badging process. However, the airport badging office would not accept the documentation. The refugee’s service provider contacted IER, and IER contacted the airport’s attorneys. The badging office decided that the worker’s documentation met its requirements and accepted his ID and unrestricted Social Security card, and renewed his badge.
Miami, FL
On March 29, 2022, IER successfully completed an intervention on behalf of an asylee from Colombia. The worker provided an automatically-extended Employment Authorization Document (EAD) for the Form I-9, along with a Form I-797C indicating that the expiration date was extended by 180 days. Nevertheless, the company would not accept the EAD or let the caller work. An IER attorney communicated with the company’s counsel and the company decided to accept the caller’s EAD and provide $810 in back-pay for the work missed.
Brownsburg, IN
On March 31, 2022, IER learned that it helped two asylees resolve their suspension. The workers had Employment Authorization Documents (EADs) that expired on the same day. They attempted to show their employer their asylee I-94s showing their continued work authorization, but the employer rejected the documentation. After a few weeks of unemployment, the workers learned of IER and called the office. IER called the company’s attorney. The company reinstated the workers and paid $1,200 in back pay for the hours missed.
Omaha, NB
On April 1, 2022, IER received a hotline call from a lawyer for a refugee who presented a I-94 to her an employer, a grocery store. According to the refugee’s counsel, the grocery store manager has never seen an I-94 and refused to accept it. IER contacted the company and provided information about refugee I-94s as acceptable List A receipts. The manager decided to accept the I-94 and allow the employee to work.
Riverdale, MD
On April 1, 2022, IER intervened with a fast food restaurant to save the job of a refugee. The worker had provided an Employment Authorization Document at his initial hire, and during reverification, the restaurant did not realize that it could accept a Social Security card as a List C document showing proof of continued work authorization. IER spoke with the company and provided information on a refugee’s right to choose any List A or List C document from the Lists of Acceptable Documents during reverification. Because the restaurant accepted this explanation, the worker did not miss any shifts at work.
Collier, GA
On April 4, 2022, an IER staff member intervened and saved the job of a refugee whose Employment Authorization Document (EAD) expired. The worker provided their employer an unrestricted Social Security Card, which is sufficient for reverification, but the employer refused to accept the card and requested a new EAD. The IER staff member contacted the employer and explained the reverification process and acceptable documents, and provided the employer with the relevant citations in the Handbook for Employers (M-274). As a result, the employer accepted the worker’s unrestricted Social Security card and the employee remains employed.
Salt Lake City, UT
On April 7, 2022, IER saved the job of a refugee at a restaurant. The worker had presented an Employment Authorization Document (EAD) when he was hired and it was going to expire in a month. In anticipation of the expiration of his EAD, he attempted to show his unrestricted Social Security card for Form I-9 reverification, but his supervisor rejected it because she wanted a DHS document. IER contacted the employer and the company decided to accept the caller’s documentation and also reminded local HR staff about proper reverification processes.
Pittsburg, PA
On April 20, 2022, IER saved the job of a refugee who was starting a nursing job. The caller and presented her ID and unrestricted Social Security card for the Form I-9. The HR representative did not think that individuals who selected “alien authorized to work” on the Form I-9 could have an unrestricted Social Security card and rejected the document. IER called the company and the company decided to immediately rehire the caller.
New York, NY
On April 20, 2022, IER successfully completed an intervention on behalf of refugee whose employer would not allow her to begin working until she provided her Social Security card, even though she satisfied the Form I-9 by providing an unexpired Employment Authorization Document (EAD). IER contacted the employer and provided IRS and SSA guidance on how employers can report wages for an employee still waiting for their Social Security number. The employer decided to allow the employee to begin working and provide her Social Security card after she received it.
Olathe, KS
On April 28, 2022, IER intervened to assist three refugee family members successfully open bank accounts. The refugees had presented a Transportation Boarding Letter issued by the Department of State and their Social Security cards to open a checking account for direct deposit, but the bank rejected these documents as insufficient. IER contacted the bank to describe the identity documents available to refugees. Based on this explanation, the bank determined the documentation met its requirements and was able to work with the refugee family to set up new bank accounts so that they could direct deposit earnings from their jobs.
Plano, TX
On May 2, 2022, IER assisted a refugee in starting this job, after his employer initially rejected his Social Security card and driver’s license for the Form I-9. IER contacted the employer to notify it that the worker wished to present his driver’s license and Social Security card. The employer decided to accept the worker’s documents and allowed the worker to begin employment.
California
On May 3, 2022, IER helped an asylee obtain an unrestricted Social Security card. The asylee tried to get an unrestricted SSC with her asylee I-94 but was unsuccessful. IER contacted the Social Security Administration which looked into the situation and decided the asylee’s paperwork met its requirements. The asylee was able to receive their unrestricted card.
Wayne, NJ
On May 6, 2022, IER learned that it saved the job of an asylee. The worker was hired at a nursing staffing company and wanted to present her state ID and asylum I-94 for the Form I-9 but the recruiter rejected the caller’s asylee I-94. IER contacted the company and provided information about asylee I-94s, including that they aren’t presented with a foreign passport. The company decided to continue the hiring process for the asylee.
Minneapolis, MN
On May 20, 2022, IER learned that it had successfully assisted a refugee after his employer indicated that his state ID and unrestricted Social Security card would not be sufficient for the Form I-9. IER explained to the employer that all workers may present their choice of acceptable documents for the Form I-9, and provided information about the law that IER enforces. The employer decided to accept the refugee’s documents and put him back to work.
Chicago, IL
On May 25, 2022, an IER staff member intervened and saved the job of an asylee who was terminated when his Employment Authorization Document (EAD) expired and the employer demanded a new EAD and refused to accept other acceptable documents from List A or List C. An IER staff member contacted the employer and explained the reverification process; that an employer should accept any List A or List C document listed on the List of Acceptable Documents to demonstrate continued employment authorization, and that unrestricted Social Security card such as the unrestricted card the asylee had is sufficient to show someone’s continued permission to work. The IER staff member provided the employer with the relevant citations in the Handbook for Employers (M-274) and information from IER’s website on asylees. As a result, the employer reinstated the worker and accepted his unrestricted Social Security card.
California
On May 26, 2022 IER successfully completed a telephone intervention allowing an asylee to renew her driver’s license. The asylee’s mother called IER’s hotline to report that while she was able to renew her driver’s license as a result of the 540-day EAD extension, her daughter had been unable to do the same due to a different location’s confusion about the recently announced 540-day extension for certain EADs, including asylee’s EADs. IER contacted the Department of Motor Vehicles and learned the agency was recognizing these extensions and provided the DMV the regulatory language on the new EAD extensions. When the asylee’s daughter went back to the Department of Motor Vehicles, they renewed her driver’s license.
California
On June 7, 2022, IER assisted an asylee in keeping his unemployment benefits. The asylee called IER because the state agency did not accept his I-94 showing his asylum status as proof of lawful presence. IER contacted the state unemployment agency to inquire about acceptable documentation for this process. The agency decided it could accept the worker’s I-94 and continue his unemployment benefits.
Shepherdsville, KY
On June 8, 2022, IER successfully completed an intervention on behalf of a Somali refugee. The worker provided a Form I-94, a List B transportation boarding letter, and a Social Security card for the Form I-9, but informed her employer that she wanted to use the transportation board letter and Social Security card. The HR representative said that the company required a List A document and would not accept the List B and C documents. An IER attorney explained that the transportation boarding letter qualified as a List B document, and that the worker wanted to use it along with the Social Security card. The company then attempted to process the transportation board letter as a List B document and it worked, clearing the worker to begin working.
Washington, DC
On June 10, 2022 an IER staff member intervened and saved the job of an asylee. The worker’s Employment Authorization Document (EAD) was automatically extended for 540 days based on the timely filed renewal application. The employer did not understand this extension, and requested a new EAD. IER called the employer and explained the automatic extension. The employer allowed the worker to continue working without interruption.
Florida
On July 13, 2022, IER successfully completed a telephone intervention on behalf of an asylee who had applied for an unrestricted Social Security card. The caller initially was told by the Social Security office that she was not eligible for an unrestricted card, which can be used to show work authorization during the Form I-9 process. IER contacted SSA and SSA looked into the situation and determined the caller was eligible for an unrestricted card and issued the card.
Rochester, MN
On July 22, 2022, IER assisted a refugee after she reported that, because she was not a U.S. citizen, her new employer requested an Employment Authorization Document (EAD) for the Form I-9 in addition to the state ID and unrestricted Social Security card the refugee had presented. IER reached out to the employer, explained that all workers may present their choice of acceptable documents for the Form I-9, and discussed the law that IER enforces. The employer decided to accept the worker’s ID and Social Security card as sufficient documentation for the Form I-9 and allowed the worker to continue with the onboarding process.
Corsicana, TX
On July 26, 2022, IER learned that it had successfully assisted a refugee whose employer initially did not accept the caller’s Social Security card in the reverification process. The employer had told the caller that when his Employment Authorization Document (EAD) expired, he needed to present a new EAD or a receipt for an application to renew his EAD, and that his Social Security card was not acceptable for reverification. IER contacted the employer and provided information about acceptable work authorization documents for reverification. The caller subsequently able to continue working for the employer.
Bowling Green, KY
On August 15, 2022, a refugee advocate contacted IER after an employer rejected a refugee’s unrestricted Social Security card during the reverification process. The employer requested that the refugee provide a new Employment Authorization Document or a “green card” to continue working. IER reached out to the employer and provided guidance from the M-274 on reverification. The employer decided to complete the process with the worker’s unrestricted Social Security card.
Unknown
On August 17, 2022, IER saved the job of a refugee who was suspended when his Employment Authorization Document expired. The caller had provided his employer his unrestricted Social Security card, which is sufficient for reverification. IER contacted the company and the company decided to accept the caller’s Social Security card.
Unknown
On August 17, 2022, IER saved the job of a refugee who was suspended when her Employment Authorization Document expired. The caller had provided her employer her unrestricted Social Security card, which is sufficient for reverification. IER contacted the company and the company decided to accept the caller’s Social Security card.
Syracuse, NY
On August 23, 2022, IER assisted a refugee whose employer was rejecting his valid Form I-9 documentation. The refugee initially presented an unrestricted Social Security card and a List B State Department-issued Transportation Boarding Letter. However, the employer initially did not recognize that the Transportation Boarding Letter could be a List B identify document. IER called the employer and explained that workers who show the types of documents the caller showed do not have to show additional documentation and the employer then decided to allow the worker to begin work.
Corsicana, TX
On September 12, 2022, IER learned that it had successfully assisted a refugee in keeping his job after his employer initially would not accept the caller’s unrestricted Social Security card during reverification. The caller explains that his employer told him that he needed to present a new, unexpired Employment Authorization Document, or his employment would be terminated. The IER staffer contacted the employer and was able provide information about the List of Acceptable Documents, the Form I-9, and what documents are acceptable for reverification. The employee was allowed to present his Social Security card.
Chantilly, VA
On September 13, 2022, IER assisted a refugee whose new employer was requiring an Employment Authorization Document (EAD) during the Form I-9 process. The worker had a List B identity document and an unrestricted Social Security card, which is sufficient documentation for the Form I-9. IER contacted the employer and explained that workers get to choose from the Lists of Acceptable Documents. With this new information, the employer accepted the worker’s documents and allowed her to begin working.
Maryland
On September 15, 2022, IER successfully completed a telephone intervention allowing an asylee to renew his driver’s license. The refugee called IER’s hotline to report that the department of motor vehicles would not accept the documents he presented demonstrating his asylee status. IER contacted the department of motor vehicles and provided information on the types of documentation the asylee had presented. The department of motor vehicles decided that this documentation met its requirements and the asylee was able to continue in the process and renew his driver’s license.
New York, NY
On September 20, 2022, IER learned that it had successfully assisted an asylee in explaining to a staffing agency that they could not reject her valid work authorization documents and request her work permit to hire her. The company told the caller that it could not accept her Social Security card and driver’s license, and needed her work permit to proceed. The IER staffer contacted the employer and was able provide information about work authorization documents and the Form I-9. The employer subsequently accepted the individual’s documents.
Whitsett, NC
On September 26, 2022, IER successfully completed an intervention on behalf of five refugees an employer refused hire because of a mistaken belief that hiring them would violate the International Traffic in Arms Regulations (ITAR). An IER attorney called the employer and explained that the ITAR does not in fact required covered employers to hire only U.S. citizens, or otherwise limit its hiring to candidates with certain citizenship statuses. The company then agreed to consider the refugees for the positions for which they applied.
Fiscal Year 2021
Mansfield, TX
On October 2, 2020, IER intervened to save the job of a refugee who had been told he could not begin working unless he could show an unexpired immigration document, even though the refugee had a Driver’s License and unrestricted Social Security card available to present for the Form I-9. IER contacted the employer and clarified that a combination of Lists B and C documents satisfies the Form I-9 and E-Verify requirements. The employer accepted this explanation and completed the onboarding of the refugee.
Goodyear, AZ
On October 13, 2020, IER saved the job of a refugee who had been terminated for not presenting specific documents for Form I‐9 Section 3 reverification. The worker was told to present an unexpired EAD or permanent resident card, neither of which the worker possessed. IER contacted the employer and explained proper Form I‐9 reverification rules. The worker was allowed to present his Social Security card without further issues. The employee was reinstated with backpay.
High Point, NC
On October 14, 2020, a refugee called IER because her new employer would not accept her I-94 during the Form I-9 process. The worker was told to present an unexpired Employment Authorization Document or Permanent Resident Card, neither of which the worker possessed. IER contacted the employer and explained that an unexpired refugee I-94 is a valid receipt and providing information on the Form I-9 and E-Verify processes. The worker was allowed to present her documentation without further issues.
Auroa, IL
On October 15, 2020, IER saved the job of a lawful permanent resident. The caller was hired to work in a factory and had to pass a background check. As part of the check, the LPR was asked to provide documents from her home country. However, the LPR was previously a refugee and did not want the background check company to contact the government in her home country because she fled due to government persecution, so any inquiries could jeopardize her safety. The refugee service provider and IER provided the employer with information on requirements for refugees entering the U.S., including the fact that refugees undergo a vigorous background check, along with background checks for applicants for permanent residency. The company decided that the caller’s prior U.S. background met the employer’s requirements and no additional background check was required.
Baltimore, MD
On October 23, 2020, IER successfully completed an intervention to assist a refugee to return to his job. The refugee missed several days of work when his employer did not accept the documentation the worker provided for reverification. A service provider contacted IER on behalf of the worker and IER reached out to the employer and provided information on the reverification process. The employer then decided to accept the worker’s unrestricted Social Security, card and he resumed working.
Kansas City, KS
On October 29, 2020, IER helped an asylee keep his job at a food processing company. The asylee was hired and wanted to show his I-94 with an asylum stamp as a List C document for the Form I-9, but the employer incorrectly believed that the worker needed to present an Employment Authorization Document (EAD). The employer also incorrectly believed that it could not hire the asylee for more than three days because he had not yet received a Social Security number (SSN). The asylee’s service provider called IER and IER sent information from DHS regarding the validity of the Form I-94 with an asylum stamp, and E-Verify and SSA instructions on how to hire workers indefinitely who do not yet have an SSN but are able to satisfy Form I-9 requirements.
Silver Spring, MD
An asylee contacted IER’s hotline on October 30, 2020, because his employer had recently suspended him because the caller did not show an Employment Authorization Document (EAD) during reverification. The worker presented an EAD when he started his job and the employer believed the worker had to show a new EAD at reverification. An IER attorney discussed options for reverification with the caller and that the caller had the option to present his choice of a document from List A or C, including an unrestricted Social Security card. After learning this, the worked said he preferred to present a Social Security card and asked the IER attorney to contact his employer. IER contacted the employer, who was grateful to receive the information and decided to allow the worker to return to work immediately upon showing his selected document of a Social Security card.
Sanford, NC
On November 12, 2020, IER assisted a refugee whose work authorization was being reverified. The worker’s employer rejected an I-94 which the refugee presented at reverification as a receipt for a List A document. IER pointed the worker and employer to USCIS guidance which states that a worker can provide any valid List A or List C document to reverify work authorization. The employee decided to provide a valid List C document, which the employer accepted, and the worker was allowed to continue work.
Salt Lake City, UT
On November 19, 2020, IER saved the job of an asylee. The asylee worked at a janitorial company and was told that she had to present a new Employment Authorization Document (EAD) when her original EAD expired. The worker tried to present her I-94 with an asylum stamp (which is a valid List C document and sufficient for reverification), but her supervisor was unfamiliar with the document and rejected it. The worker called IER and IER called the company. The company decided to accept the I-94 and retrain their supervisors on certain issues, including that workers can show List A or List C documentation for reverification. The company asked the asylee to return to work and gave the worker $1,200 for the 11 days of work that she missed.
Colorado
On December 18, 2020, IER successfully completed a telephone intervention allowing an asylee to obtain his driver’s license. The asylee called IER’s hotline to report that the Department of Motor Vehicles did not accept his proof of identity and could not initially confirm his information with SAVE. IER contacted the Department of Motor Vehicles and provided information on the types of documentation the refugee had presented, and also reached out to SAVE. The Department of Motor Vehicles determined that the caller was eligible for a driver’s license and issued his new license.
Rockville, MD
On January 12, 2021, IER helped an asylee obtain a home loan. The asylee’s Employment Authorization Document (EAD) had expired and the mortgage company incorrectly believed that an expired EAD meant that the asylee lacked permission to work. The asylee contacted IER and IER contacted the mortgage company to explain that in the employment context, asylees can show a variety of documents, such as an unrestricted Social Security card or an I-94 with an asylum stamp, to prove permission to work. IER also provided information from the Department of Homeland Security discussing these topics. The mortgage company decided to move the asylee along to the final step of the loan approval process.
Indianapolis, IN
On January 19, 2021, IER helped two refugees return to work at their jobs with a retailer. The workers presented Employment Authorization Documents (EADs) when they were initially hired and when their EADs expired their employer required them to show a new EAD to continue working. Neither worker had an EAD but they had other documents for reverification, such as unrestricted Social Security cards. Their refugee service provider called IER and IER contacted the company. Within 24 hours, both refugees returned to work and the company paid them each approximately $450 for the 40 hours of work they each missed.
Austin, TX
On January 19, 2021, a case worker at a refugee assistance center called IER’s hotline because her client, a victim of trafficking, was not being permitted to start her job as a janitor because she was awaiting her social security number (SSN). The employer also asked the worker to get an Individual Taxpayer Identification Number (ITIN) number while the worker awaited her SSN so the employer could use it for onboarding documents. IER contacted the employer’s corporate counsel and provided publicly available information from the IRS and SSA about how to hire workers who are awaiting their SSN, and the guidance does not involve workers obtaining an ITIN. Corporate counsel was highly responsive and resolved the situation
Austin, TX
On January 19, 2021, IER saved the job of an asylee whose employer was not permitting her to start work as a cleaner because she was still waiting to receive a Social Security number (SSN). IER contacted the company’s headquarters. Because of a prior IER intervention, the company already knew how to hire workers who could fulfil Form I-9 requirements but lacked SSNs. The corporate headquarters called the local office to educate the office about SSA and IRS guidance, and the company onboarded the worker without delay.
Florida
On January 22, 2021, IER successfully completed a telephone intervention allowing an asylum applicant from Venezuela to begin a job. The worker’s Employment Authorization Document (EAD) had an expiration date of October 30, 2020 but was automatically extended for 180 days based on a timely filed EAD renewal application. The employer did not understand this extension, and requested a new EAD for the employee to begin working. IER called the employer and explained the automatic extension. The employer decided to allow the worker to start work without further interruptions.
Pennsylvania
On January 28, 2021, an IER staff member successfully completed a telephone intervention allowing an asylee from Uganda to retain his job. The worker provided a Form I-94, which is a receipt for a List A document for Form I-9 purposes, but the employer rejected the document. IER contacted the employer and provided guidance from the USCIS M-274 Employer Manual. The employer stated that they will contact the worker allow them to begin working.
Jersey City, NJ
On February 1, 2021, IER successfully completed an intervention on behalf of an asylee whose employer did not accept the worker’s EAD; instead, the company insisted that he provide a permanent resident card. An IER staffer contact counsel at the company’s headquarters. The attorney realized the company’s error and spoke to the company employee responsible for completing the Form I-9 with the worker. The company corrected the error and informed the asylee that he may begin work.
St. Paul, MN
On February 1, 2021, IER assisted a refugee whose employer refused to continue the hiring process because the refugee had not yet been assigned a social security number. IER provided information to the employer from the IRS and SSA that described an employer’s ability to hire and onboard a worker awaiting a social security number. After IER sent the information to the employer, the company allowed the refugee to start work.
Knoxville, TN
On February 1, 2021, IER received a hotline call from an asylee about difficulties she and her father were having with a staffing company where they worked. The caller explained that her father had been terminated from his job because his EAD expired. Together with a Swahili interpreter and the workers, IER, called the staffing company representative to explain what documents the asylees could present to demonstrate continued work authorization, such as unrestricted Social Security Cards. The daughter did not want to continue working with the company, but the employer returned the father to work.
Roanoke, VA
On February 2, 2021, IER learned that it saved the job of an asylee at a janitorial company. The worker presented an EAD when she was hired, and when its expiration date was nearing, she wanted to show an unrestricted Social Security card (SSC). The employer believed that because the worker showed an EAD for Section 2 of the Form I-9, she needed to show a new List A document for Section 3. The asylee’s service provider contacted IER, and IER called the company. The company realized that it made a mistake and accepted the worker’s SSC before her EAD expired, so she did not lose any time off of the job.
Chelmsford, MA
On February 2, 2021, IER saved the job of two refugees who were unable to complete the onboarding process at a large, national company. The company uses a commercial electronic Form I-9 program that did not permit the refugees to put “N/A” in the alien authorized to work expiration date field, even though the Form I-9 rules permit workers, such as refugees, to do so. The refugees’ service provider contacted IER, and IER contacted the company. The company immediately recognized the error in its electronic software, and was also aware that DHS permits employers to create Forms I-9 by paper and electronically. The company called the local office and instructed the office to have the refugees complete paper Forms I-9. The company then ran the E-Verify cases for the workers directly through the E-Verify website. The employer paid each worker $240 for the two days of work that they missed.
Louisville, KY
On March 4, 2021, IER saved the job of a refugee whose employer had attempted to reverify her work authorization. An immigration services provider called IER’s hotline on behalf of their refugee client with limited English proficiency, and requested assistance for the reverification process. IER contacted counsel for the employer and provided information about proper reverification procedures. After receiving the information, the employer accepted the refugee’s unrestricted Social Security card as proof of her continuing work authorization, and returned her to work and received $1100 in backpay.
Memphis, TN
On March 8, 2021, a representative of three refugee workers called IER because their employer was unable to input their employment eligibility verification documents into the employer’s onboarding computer system. The employer informed the refugees that they could not start working until they completed the onboarding process. An IER attorney contacted corporate counsel and provided information and assistance. The employer then contacted the workers’ representative and worked with them to enter their employment eligibility information and complete the onboarding process. The refugees were able to start work on March 10, 2021.
Memphis, TN
On March 16, 2021, IER completed an intervention on behalf of a refugee service provider assisting four refugee workers whose employer would not accept their employment authorization documents. One of the refugee workers had been terminated for failure to reverify her work authorization despite providing an unrestricted Social Security card. The refugee service provider called IER, and IER reached out to the employer to provide information from USCIS. A week later, the employer reported that it accepted documents from each of the four refugees and they had started working. The employer reinstated the refugee who had been terminated, and provided $1,001 in backpay.
New York
On March 16, 2021, IER learned that it helped an asylee reinstate his unemployment benefits. The worker was receiving benefits and presented the unemployment agency with his EAD. When the EAD expired, the worker presented the agency with an asylee I-94, but the agency incorrectly determined that the asylee I-94 did not reflect the person’s ability to work in the United States. IER contacted the unemployment agency and provided information about the significance of the asylee I-94. The agency reversed its earlier determination and reinstated the worker’s benefits.
Salt Lake City, UT
On March 18, 2021, IER saved the job of an asylee who was told that he would be fired if he didn’t present a new EAD when his current EAD expires. The asylee contacted a refugee service organization, and the organization referred the asylee to IER. IER contacted the employer and directed it to information from DHS reflecting that for Form I-9, Section 3 reverification, a worker can present any List A or List C document, and that an I-94 with an asylum stamp is a List C document. The employer recognized its error and the worker was able to continue without an interruption of his employment.
McClean, VA
On March 30, 2021, IER saved the job of an asylee who was going to work as a contractor on a federal government contract through a third-party company. The asylee was hired through a recruitment company but when he was completing onboarding paperwork, the recruitment company told him that he could not continue because its client, another private company, required that its contractors be U.S. citizens or Lawful Permanent Residents because of a federal government contract. The asylee called IER, and IER called the recruitment company. The recruitment company stated that its client was subject to ITAR and EAR. IER explained that both ITAR and EAR permit hiring refugees, asylees, and non-citizen nationals without the need to obtain additional permission. The recruitment company immediately spoke to its client and informed the client of the ITAR/EAR rules. The recruitment company also forwarded the client information about IER’s prior settlements. The client recognized its mistake, and changed its contract requirements with the recruitment company. Within a few days of his initial call to IER, the asylee was able to start his job.
Orlando, FL
On April 13, 2021, IER learned that it helped resolve a misunderstanding at a Florida Social Security Administration (SSA) office regarding the dire need services it is to provide during the Covid-19 restricted hours. A refugee service provider contacted IER to let them know that a local SSA office was not permitting new immigrants, including her refugee client and his family, to make appointments to apply for social security numbers (SSNs). IER contacted SSA headquarters, and SSA headquarters contacted the local office to explain the national policy is to allow individuals an appointment if they are applying for an SSN. The local office revised its practices and called the refugee family of six so they could make an appointment.
Dallas, TX
On April 22, 2021, IER learned that it successfully helped a refugee that had been unable to complete the onboarding process at a large retail chain. The refugee began working for her employer and showed her ID and unrestricted SSC for the Form I-9, but the company’s HR representative incorrectly stated that the refugee could not complete the onboarding process without showing a document with her alien/USCIS number on it. The refugee’s service provider called IER and IER called the company’s attorney. The company immediately recognized its error and put the worker back on schedule. It also paid her $176 for the 16 hours of work that she missed.
Brooklyn Center, MN
On April 26, 2021, IER intervened and assisted an asylee whose employer rejected his unrestricted Social Security card and I-94 with an asylee stamp for reverification. The worker showed his Social Security card and I-94 with an asylee stamp when his Employment Authorization Document (EAD) expired, but the employer required a new EAD instead. IER reached out to the employer and explained that an unrestricted Social Security card and an I-94 with an asylee stamp were both valid List C documents, and the Form I-9 rules allow workers to show either one of these documents for reverification. The employer decided to accept the document and reverify the worker.
Orlando, FL
On April 28, 2021, IER intervened and assisted a political asylee who was suspended during reverification. The employee’s Employment Authorization Document expired and she presented an unrestricted Social Security card, a valid Driver’s License and her I-94 with an asylee stamp. The company failed to properly reverify her. IER reached out to the employer and explained that an unrestricted Social Security card and an I-94 with an asylee stamp were both valid List C documents, and the Form I-9 rules allow workers to show either one of these documents for reverification. The employer recognized that the documents were valid, reinstated the worker, and provided $469.50 in backpay.
Waterford, CT
On April 30, 2021, a refugee services provider contacted IER because a refugee lost his job when his Employment Authorization Document expired. The employer had asked the refugee to produce a lawful permanent resident card, which the refugee did not have, instead of offering the individual the option of presenting any valid List A or List C document for reverification. IER contacted the employer and provided information, reminding the employer that employees must be given the option of providing any valid List A or List C document for reverification and that requesting more or different documents based on a worker’s citizenship status may be unlawful. On May 17, 2021, IER learned that the employer had accepted the worker’s unrestricted Social Security Card for reverification and allowed the worker to return to work. Additionally, the employer agreed to provide backpay for the shifts the worker had missed.
Sioux City, IA
On May 10, 2021, an IER attorney resolved an I-9 reverification issue and helped a refugee return to his job. On May 5, the refugee’s representative called IER because the refugee’s work permit was set to expire on May 7 and his manager was threatening to terminate him if he did not provide an unexpired work permit. The refugee possessed an unrestricted Social Security card. On May 6, the IER attorney emailed the manager a copy of the refugee’s Social Security card and some information on the reverification process. On May 10, the manager informed the refugee that she accepted the card and he will not be terminated.
Louisville, KY
On May 10, 2021, IER intervened and assisted an asylee whose employer rejected her unrestricted Social Security card for reverification. The worker showed her Social Security card when her Employment Authorization Document (EAD) expired, but the employer asked for a new EAD instead. The worker missed an entire day of work. IER reached out to the employer and explained that an unrestricted Social Security is a valid List C document for reverification. The employer decided to accept the document, reverify the worker and provided $106 in backpay. The employer will also be providing additional training to Human Resources Personnel on the company’s new verification software.
Florence, KY
On May 11, 2021, IER learned that it helped save the job of an asylee working in the warehouse of a large retail company. The asylee showed her EAD when hired, and attempted to show her asylee I-94 for Section 3 reverification, but the local HR office rejected the document and suspended her until she could present a new EAD. The asylee contacted IER, and IER contacted the company’s attorney. The company’s attorney immediately recognized the error and arranged for the asylee’s immediate reinstatement. The company also paid the asylee $1,787.50 for the 11 days of work that she missed.
Dallas, TX
On May 17, 2021, IER helped a refugee resolve an issue with a background check company. The refugee provided his educational history when he applied for a job. The employer uses a background check company, which, as part of the background check, sent an inquiry to the refugee’s university abroad, which was involved in the refugee’s persecution that ultimately formed the basis for his refugee status. The refugee’s service provider called IER, and IER contacted the background check company’s corporate counsel. The corporate counsel understood the sensitivity of the issue and immediately provided information to the refugee of what information had been shared with the university abroad, and stated that it would not make further inquiries with the university. The refugee was ultimately hired by the company.
Marshalltown, IA
On May 20, 2021, IER learned that a refugee received back pay and an offer of reinstatement at a food manufacturer. The refugee told IER that he lost seven weeks of work when the food manufacturer fired him when his EAD expired. The company did not permit the refugee to show his refugee I-94 or his unrestricted Social Security card, both of which were valid for Form I-9 reverification. IER called the company and the company immediately offered the refugee his job back. The company paid the worker $8,696 for the seven weeks of work that the refugee missed. The company also had all of its HR employees in an Iowa location take an IER webinar to ensure that the company would follow proper Form I-9 rules in the future.
Bethesda, MD
On June 9, 2021, IER successfully completed an intervention on behalf of an asylee worker whose employer had placed her on involuntary unpaid leave after rejecting her unrestricted Social Security card (SSC) for reverification. The worker had presented an Employment Authorization Document card (EAD) at her initial hire with the employer, and upon the EAD expiration date she attempted to present her SSC. However, the employer informed her that her SSC was insufficient to allow her to continue working, and placed her on administrative leave from work until she could present a “green card” or another immigration document. After IER contacted the employer and provided information about acceptable documentation for employment eligibility reverification, the employer reinstated the worker and agreed to pay her back pay for the time she had been on administrative leave.
Houston, TX
On June 10, 2021, IER intervened to save the job of a refugee after her employer rejected her unrestricted Social Security card during employment authorization reverification. The worker showed her unrestricted Social Security card when her Employment Authorization Document (EAD) expired, but the employer required a new EAD instead and suspended the employee. IER reached out to the employer and explained that an unrestricted Social Security showed ongoing work authorization. The employer decided to accept the unrestricted Social Security card and reinstate the worker.
Chicago, IL
On June 14, 2021, IER learned that it saved the job of a refugee who was unable to get an airport badge. The refugee tried to show her Illinois ID and unrestricted Social Security card to the airport badging office, but the airport rejected the documents and inaccurately stated said that TSA requires that she show a Department of Homeland Security document to get a badge. The refugee’s service provider called IER, and IER called the attorneys for the airport. The attorneys immediately understood that the badging office was incorrect, and that there were no TSA mandates that non-U.S. citizens show a document from DHS. The airport asked the refugee to return. She successfully cleared all of the airport security/TSA processes and received a badge by just showing her ID and unrestricted Social Security card.
Columbia, MD
On June 24, 2021, IER successfully completed an intervention on behalf of a refugee whose employer, a university, refused to accept an unrestricted Social Security card as a document adequate for reverification. After IER spoke to numerous HR representatives and the university’s corporate counsel about the situation, the university agreed to accept the Social Security card as a valid reverification document, complete the reverification, and pay the worker $300.15 in back-pay. The university also committed to training its HR staff and changing instructions on its website that inaccurately instructs HR officials to obtain a List A or List B and C document for reverification.
Ann Arbor, MI
On June 25, 2021, IER saved the job of three refugees at a manufacturing company. A recruiter for the company participated in an IER webinar and learned that workers do not need to have SSNs to be hired or put to work. However, her company had a policy of requiring an SSN from employees because it was an E-Verify employer and it recently told two refugees that they would not be able to begin work as scheduled because of this issue. The recruiter called IER and IER scheduled a meeting with the hiring and payroll manager for the company. IER explained the IRS, SSA, and DHS guidance regarding hiring workers without SSNs, including DHS guidance about not running E-Verify until the worker receives the SSN (regardless of when that occurs). The employer reviewed the government guidance, which it had not previously seen. The employer was grateful for the information and it hired the refugees, as scheduled.
Bowling Green, KY
On June 25, 2021, IER saved the jobs of a refugee and asylee who were working at a fast food restaurant. The workers showed an ID and unrestricted Social Security card for the Form I-9, but the manager told them that they needed to also show an EAD when they came for orientation. The workers told their service provider, and the service provider called IER. IER contacted the company and gave the employer information from the Form I-9 instructions and DOJ outreach material explaining that all workers have the choice of providing a variety of documents, including IDs and unrestricted Social Security cards. The employer realized its error and permitted the workers to finish their onboarding.
Portland, OR
On June 29, 2021, IER completed an intervention allowing a refugee to return to work. The worker had presented an Employment Authorization Document (“EAD”) at initial hire and then tried to show his unrestricted Social Security Card for reverification. The company would not accept his Social Security Card, mistakenly believing the worker instead needed to show a receipt showing he had applied for updated work authorization documents. The company accepted IER’s explanation that unrestricted Social Security Cards are acceptable for reverification. The worker was allowed to return to work and the company agreed to give him back pay for the days he missed work.
California
On June 29, 2021, IER saved the job of an asylee. The worker called IER and shared that he presented his unrestricted Social Security card for reverification when his Employment Authorization Document was expiring but his employer rejected it and suspended him. IER contacted counsel for the company and the company decided to accept the worker’s Social Security card. The worker returned to his job and the company paid the worker back pay totaling $2128.
Beaver Dam, KY
On June 30, 2021, IER saved the jobs of four refugees who had been threatened with termination. The refugees each presented a Transportation Boarding Letter (TBL) when hired, which the employer incorrectly categorized as a receipt for an EAD. After a few months, the company’s HR told the workers that they needed to present an EAD. The workers asked if they could present an unrestricted SSC, but the employer said no. The workers’ refugee service provider contacted IER, and IER called the company’s attorneys. IER directed the attorneys to the I-9 Central website that included information about how the TBL was a List B#2 document. The attorneys realized the company’s error and stated that because the workers had only presented List B documents upon hire, they would permit the workers to show either a List A or List C document (such as an unrestricted SSC) to continue working, and would correct and update their Forms I-9 accordingly.
Silver Spring, MD
On July 2, 2021, IER intervened to save the job of an asylee at a food processing company. The worker had presented a federal-issued identification card as a List B document and an unrestricted Social Security card as a List C document, but the employer had rejected the identification card because of unfamiliarity with the document. IER explained to the employer that the Department of State can issue identification cards to asylees that are inserted in a foreign passport, and that this document can meet the requirements of a List B document when it contains a photograph or certain other identifying information. The employer accepted this explanation and decided to reinstate the asylee.
Bowling Green, KY
On July 9, 2021, IER learned that it saved the jobs of five refugees who worked at a food processing plant. Four refugees had tried to present Dept. of State Transportation Boarding Letters (List B document) and unrestricted Social Security cards (SSC) (List C document) when starting work, but the employer had instead noted on the Form I-9 that they showed receipts for List A EADs (I-766). The employer therefore stated that it needed to see an EAD within 90 days. For one refugee who showed an EAD upon hire, the employer would not accept an SSC for Section 3. The refugee service provider contacted IER, and IER contacted the company’s attorney. The attorney realized the company’s error and instructed HR to revise the applicable Forms I-9 to reflect that the four refugees had provided List B and List C documents for Section 2, and permit the other refugee to show his SSC to complete reverification in Section 3.
Massachusettes
On July 22, 2021, a refugee called IER because her employer was requiring the caller to show a new Employment Authorization Document during the reverification process instead of letting the worker show her choice of valid documentation. IER contacted the employer and provided information about proper reverification procedures, including allowing the worker to provide their choice of acceptable documentation from List A or List C. The employer decided to accept the caller’s unrestricted Social Security card.
Louisville, KY
On July 30, 2021, IER intervened to help a refugee secure a job opportunity. The applicant had an unrestricted Social Security card, but the employer wrongly believed the refugee needed to present an immigration document instead. IER explained to the employer the validity of the unrestricted social security card as proof of a refugee’s authorization to work. The employer decided to accept the Social Security card and hire the worker.
South Carolina
On July 30, 2021, IER save the job of an asylee whose work authorization needed to be reverified when her Employment Authorization Document was expiring. The worker showed an unrestricted Social Security card when she was being reverified but her employer believed the worker needed to present a new Employment Authorization Document. IER spoke with the manager at the company and explained that the unrestricted Social Security card is sufficient proof of a worker’s employment authorization and the employer decided not to request additional documentation.
Avon, IN
On July 30, 2021, IER assisted two refugees to keep their retail jobs. The workers originally presented Employment Authorization Documents (EADs) when they were hired. When the employer reverified their EADs, they attempted to show their unrestricted Social Security cards, but the employer would not accept them. The workers’ refugee service provider contacted IER, and IER contacted the company’s attorney. The company immediately realized its mistake and rehired the workers, and paid them collectively over $3,000 for the time they were not working. $1,444.
Houston, TX
On August 5, 2021, IER learned that it helped save the job of an asylee. The worker was hired at a company that required him to get a Transportation Worker Identification Credential (TWIC) from TSA. The worker had a state ID, unrestricted Social Security card, and asylee I-94 that proved his identity and/or permission to work, but was not able to obtain the TWIC. IER contacted TSA Headquarters, and TSA recognized that the documents the worker presented would satisfy its requirements, and it issued the worker a TWIC.
California
On August 13, 2021, IER successfully completed a telephone intervention allowing a refugee to renew his driver’s license. The individual had previously obtained a driver’s license using his Employment Authorization Document (EAD), but that had subsequently expired. The refugee attempted to present his printable electronic Form I-94, but the DMV had refused to accept it and required a Department of Homeland Security (DHS) stamp indicating Refugee status. IER reached out to the DMV to explain that the printable electronic Form I-94 does not include an admission stamp, but rather, provides the class of admission as “RE” for refugees. The DMV decided the caller’s documentation met the DMV’s requirements, and the individual obtained a renewed license.
New York
On August 19, 2021, IER saved the job of an asylee. The worker presented her unrestricted Social Security card for reverification. A few days later, she learned that she had been taken off the schedule and she contacted IER. IER contacted counsel for the company which promptly approved her reverification using the Social Security card as an acceptable List C document. The worker returned to work and received $1,090.40 in back pay for the 5 days of lost work.
Rockwell, TX
On August 23, 2021, IER saved the job of an asylee who worked for a medical provider. The asylee previously presented an automatically-extended Employment Authorization Document (EAD). The employer told the asylee that she needed to present a new EAD before her extension ended in September. The asylee contacted a non-profit, and the non-profit referred her to IER. IER contacted the employer and explained that workers can show any List A or List C document for reverification. The employer noted that the worker had previously shown an asylee I-94 and an unrestricted Social Security card when she provided her EAD, and IER shared information from USCIS that both an asylee I-94 and the unrestricted Social Security card are List C documents that do not require further reverification. The employer decided not to require additional documentation.
Nevada
On August 23, 2021, IER successfully completed a telephone intervention with the Department of Motor Vehicles (“DMV”). An asylum applicant with an automatically-extended Employment Authorization Document (EAD) was unable to renew his driver’s license because the DMV did not accept the documentation showing his EAD was extended beyond the expiration date listed on the card, but issued him a non-REAL ID compliant license. The caller’s job requires travel within the United Stated by car and plane, and he needed a REAL ID-compliant license for this travel. IER contacted the DMV and explained the type of documentation the caller was attempting to show. The DMV decided the caller’s documents met the DMV’s requirements and issued him a REAL ID compliant license.
Carrolton, TX
On August 23, 2021, IER saved the job of an asylee who worked in retail. The asylee previously presented an automatically-extended Employment Authorization Document (EAD), but the employer told the caller she needed to present a new immigration document before her extension ended and then rejected the worker’s asylee I-94. IER contacted the employer and the employer decided to accept the asylee’s I-94 as a List C document.
Robbinsville, NJ
On August 23, 2021, IER assisted a refugee who, during the reverification of her employment authorization, was not allowed to present a List C document. Specifically, the caller shared that her employer rejected her unrestricted Social Security card and requested an unexpired Employment Authorization Document (EAD), and would not let the caller work until she presented an unexpired EAD. IER contacted the employer's legal counsel and explained the situation. The employer quickly decided to voluntarily reinstate the worker and paid the worker back pay. Back pay totaled $1,825.
Dallas, TX
On August 26, 2021, IER learned that it saved the job of a refugee at a large retail chain. The worker was hired with a refugee I-94 and before the 90 days were complete, his employer requested an Employment Authorization Document (EAD) or Permanent Resident Card (PRC). The worker tried to present a driver’s license and unrestricted Social Security card, but the company did not accept the documentation. IER contacted the company’s attorney and the company decided to accept the worker’s valid documentation and the worker did not miss any work.
Dallas, TX
On August 27, 2021, IER helped a family with refugee status from Guatemala continue the application process at a company. The caller and her two adult children applied for jobs at a printing company and were told during the application process that they would be required to show documentation from the Lists of Acceptable documents if they were hired. The caller showed their I-94s to see if they would be acceptable. Although refugees’ I-94s are valid List A receipts, company representative said the I-94s would not be acceptable. The refugees’ service provider referred them to IER. IER called the company and provided DHS information about refugee I-94s and other valid receipts and documents not explicitly mentioned on the Lists. The company decided to continue the application process for the refugees and, assuming it hired them, accept their refugees’ I-94s.
Boston, MA
On August 31, 2021, a social worker contacted IER on behalf of an asylee who was suspended from his job when his Employment Authorization Document (EAD) expired, even though the worker had valid documentation for reverification. IER contacted the employer and provided guidance, reminding the employer that employees must be given the option of providing any valid List A or List C document for reverification and that requesting more or different documents based on a worker’s citizenship status may be unlawful. On September 2, 2021, IER learned that the employer had accepted the worker’s acceptable documentation for reverification and allowed the worker to return to work. Additionally, the employer decided to provide the worker with backpay for the hours he would have worked had he not been suspended.
Aurora, IL
On September 9, 2021, IER saved the job of a refugee so she could start her job with a staffing company. The refugee attempted to show her refugee I-94 for the Form I-9, but the employer rejected it because of a notation about the expiration date for the type of Department of Homeland Security form. The refugee’s service provider contacted IER, and IER contacted the company. IER explained that the notation in the corner of the document was unrelated to the validity of the I-94 and provided information from Customs and Border Protection regarding the notation. IER also provided information from USCIS explaining that a refugee’s I-94 does not expire and is valid for 90 days from the first day of work. The company immediately realized its error and decided to allow the worker begin her job on the same day
Lynnwood, WA
On September 10, 2021, IER saved the jobs of asylees and refugees in the Lynnwood, WA, area. A service provider called IER because two area employers would not allow his organization’s asylees and refugees to work because they were awaiting their Social Security numbers. Both employers were requiring a Social Security number to onboard new hires. IER called both employers and explained that recent immigrants can be authorized to work even if they have not yet received their Social Security number, and provided both employers Social Security Administration, and Internal Revenue Service guidance for hiring and onboarding new hires without a Social Security number. Both employers welcomed the guidance and changed their practices to allow work-authorized individuals without Social Security numbers to work at their respective companies.
Phoenix, AZ
On September 10, 2021, IER assisted a refugee whose employer refused to accept his unrestricted Social Security Card for reverification. After IER contacted the employer about the issue, the employer decided to accept the worker's unrestricted Social Security card, reinstated the worker, and gave him back pay.
Stone Mountain, GA
On September 13, 2021, a refugee contacted IER because she was facing possible termination from her job when her Employment Authorization Document (EAD) expired. The worker had presented her unrestricted Social Security card for reverification, an acceptable List C document, but her employer rejected the document. IER contacted the employer and provided guidance, reminding the employer that employees must be given the option of providing any valid List A or List C document for reverification and that requesting more or different documents based on a worker’s citizenship status may be unlawful. On September 20, 2021, IER learned that the employer had accepted the worker’s unrestricted Social Security Card for reverification and had decided to provide backpay for the hours the worker had missed.
Gilroy, CA
On September 14, 2021, IER assisted an asylee whose employer refused to accept the caller’s I-9 documentation. The worker showed his asylee I-94 and unexpired state ID for the Form I-9, but his employer refused to accept the I-94, even though an asylee I-94 is a valid List C document that does not expire. IER called the employer and provided information about asylee I-94s. The company decided to accept the worker's I-94 and allow him to start work.
Minnesota
On September 17, 2021, IER intervened to assist two refugees who were about to lose their jobs after their employer would not accept an unrestricted Social Security card for reverification. The workers initially presented an Employment Authorization Document (EAD) when first starting their jobs, and showed an unrestricted Social Security card for reverification. IER reached out to the employer and explained that an unrestricted Social Security card is a valid List C document for reverification, and workers can show their choice of a valid List A or List C document at reverification. The employer decided to accept the Social Security cards and allowed the workers to continue working.
Ft. Worth, TX
On September 22, 2021, IER learned that it helped a refugee resume his job and get back pay. The company suspended the refugee when his Employment Authorization Document (EAD) expired, even though he had an unrestricted Social Security card that he would have shown had the company not specifically asked for a new EAD. The refugee’s service provider contacted IER and IER contacted the company. The company decided to reinstate the refugee and gave him $640 in back pay for 40 hours of work that he missed.
Jeffersonville, IN
On September 27, 2021, IER assisted two refugees returning to their jobs, after their employer initially did not accept their unrestricted Social Security cards for reverification. The workers showed Employment Authorization Documents (EADs) when they started their jobs and then showed their unrestricted Social Security cards for reverification. The company took them off the schedule and told them they could return once they had their green cards. The refugees’ service provider contacted IER and IER contacted the company’s counsel. The company decided to accept the workers’ unrestricted Social Security cards and paid them $330 each in back pay for the work they missed.
Kansas City, KS
On September 29, 2021, IER assisted a refugee to keep his job with a maintenance company. The worker completed the Form I-9 process but the employer did not accept the worker’s State Department Transportation Boarding Letter as a form of identity document, even though that letter is a Form I-9 identity document. The refugee service provider called IER, and IER contacted the company and the company decided not to require any additional form of identification and allowed the refugee to begin work.
Philadelphia, PA
On September 29, 2021, an IER staff member intervened and saved the job of an asylee. The caller was subject to reverification had an asylee I-94, which is a List C document. The employer had refused to accept the I-94 and requested that the work present an Employment Authorization Document. The IER staff member contacted the employer and explained that an asylee’s I-94 demonstrates the worker’s right to live and work in the United States indefinitely, and valid for reverification. The IER staff member provided the employer with the relevant citation in the Handbook for Employers (M-274). As a result, the employer decided to accept the worker’s I-94 and updated Section 3 of the Form I-9, and the employee remains employed.
Fiscal Year 2020
Baltimore, MD
On October 16, 2019, a refugee center called IER when an employer would not allow a refugee to start working because the refugee wrote “N/A” in the Form I-9 field that requests the expiration date for an Alien Authorized to Work’s employment authorization (if any). IER provided the refugee center information from Form I-9 instructions including that the information in the expiration date field “may or may not match the expiration date of the List A or List C document your employee presents for Section 2,” which in this case was an Employment Authorization Document. The refugee was allowed to complete the Form I-9 and start working.
Houston, TX
On October 23, 2019, IER intervened to save the job of a refugee whose employer had rejected his driver’s license and unrestricted Social Security card as proof of work authorization. The employer insisted it needed a green card from the refugee. IER contacted the employer and explained that refugees have the same rights as other employees to provide the documents of their choosing that establish identity and employment authorization. The employer accepted the explanation and onboarded the employee with pay for missed days of work.
Minneapolis, MN
On November 15, 2019, IER received a call from a refugee center because an employer was not accepting their client’s I-94 which is a List A receipt. At the time of hire, the employer said that the I-94 had to have a picture with it, but the worker’s I-94 did not contain a photo, and USCIS does not require that I-94s for refugees contain photos. IER reached out to the employer and reminded it that employers must permit employees to present their choice of valid documentation or a valid receipt when completing the Form I-9. After considering the information IER provided, the employer decided to accept the computer-generated printout of the I-94 as a receipt which is valid for 90 days and allow the worker to work without presenting additional documentation.
Rochester, MN
On December 3, 2019, IER received a call from an employee representative on behalf of an asylee who was terminated because the employer was requiring a new Employment Authorization Document at reverification, instead of accepting the worker’s valid documentation. IER reached out to the employer and explained that the type of documentation the worker was providing—an unrestricted Social Security card and an asylee I-94—each are valid for reverification. The worker returned to work and was paid $154 for the day of work he missed.
New York
On December 9, 2019, IER assisted an asylee with getting his security badge to get to his job at an airport. The worker initially was denied a badge because he did not have an Employment Authorization Document (EAD), even though asylees are not required to have an EAD to work. IER reached out to the airport representatives to confirm the requirements for badging, and provided information about the type of documentation the caller had provided, a state ID, unrestricted SSC, and a letter from USCIS granting his asylum. The airport badging office determined that the worker met its requirements and requested that the asylee return to start work without further interruption.
Fairbault, MN
On December 13, 2019, IER assisted a refugee whose employer did not initially accept his Form I-9 documentation. The worker presented a refugee I-94, which is a List A receipt. However, the caller explained that the employer demanded to see a different document before they would allow him to start work. IER contacted the employer and provided USCIS guidance on refugee I-94s. The employer decided to accept the I-94 and the worker was allowed to start work.
Las Vegas, NV
On January 6, 2020, IER learned that it had saved the job of a refugee who had been suspended from work. The employer had insisted that the worker present a new Employment Authorization Document (EAD) for reverification after the worker’s initial EAD expired, even though the worker had other acceptable documents for reverification. After the worker called IER’s hotline, IER contacted the employer and provided information about proper reverification procedures. The employer decided to accept the worker’s valid documentation and the worker returned to work.
Las Vegas, NV
On January 7, 2020, IER successfully intervened on behalf of a refugee allowing her to continue working without interruption. The employer thought the worker needed to present an I-797C Notice of Action from USCIS extending the validity of the Employment Authorization Document (EAD) the worker showed at initial hire. IER explained that workers who show an EAD at hire are not required to show the same type of document, and that other documentation such as an unrestricted Social Security card is a valid List C document for reverification. The employer accepted this explanation and agreed to accept the worker's Social Security card.
Murray, UT
On January 28, 2020, a Venezuelan asylum applicant with an automatically-extended Employment Authorization Document (EAD) called IER. She possessed a I-797C demonstrating the automatic extension of her EAD but the employer thought the caller needed to present another EAD. IER explained to the employer that individual in certain employment eligibility categories who timely file an EAD renewal application may receive automatic extensions of their EADs for up to 180 days. The employer understood and decided to accept the automatically-extended EAD.
Massachusetts
On February 13, 2020, IER successfully completed an intervention on behalf of an asylum seeker who was denied a driver’s license by a Massachusetts DMV. As evidence of his required lawful presence in the country, the individual had presented the DMV with an Employment Authorization Document (EAD), along with a Form-797C providing for a 180-extension of the EAD. The DMV rejected the documents. An IER staffer reached out and explained the automatic extension, after which the DMV issued a new license within one day.
Fort Worth, TX
On March 6, 2020, IER helped a refugee caller return to work. The caller’s employer had demanded a new immigration document from the caller during reverification, despite the worker’s preference of showing his unrestricted Social Security card. IER provided information to the employer, and the worker was immediately reinstated.
Indianapolis, IN
On March 27, 2020, IER intervened to save the job of a refugee. During the caller’s orientation, the company told him he could not begin work unless he could provide an unexpired immigration document. Although the refugee had a driver’s license and unrestricted Social Security card at orientation, he was turned away because he could not provide an immigration document. IER explained to the employer that companies may not demand specific documents from any worker and must accept sufficient, acceptable documentation from all workers regardless of their citizenship status. The company accepted the explanation and asked the caller to return to work and complete his onboarding process.
Fontana, CA
On March 30, 2020, IER received a hotline call from an asylee who had been told by a trucking company that she could no longer continue taking their classes because her Employment Authorization Document (EAD) expired. The school’s program required proof of work authorization since the students would then work for the company, but the program did not accept proof that the caller’s EAD had been extended for 180 days. After IER intervened, the individual was returned to the class. Note: The company paid the worker $450 for the lost week of work. She passed her CDL test and will start working.
Rutgers, NJ
On April 6, 2020, IER received a hotline call from an asylee who had been told she could not continue working after her Employment Authorization Document (EAD) expired. IER was able to intervene and present the human resources office information about the extension of the worker’s EAD. After IER’s intervention, the human resources office agreed that the worker remained work authorized throughout the length of the extension.
Juliet, IL
On April 9, 2020, IER learned that it saved the job of a refugee who was unable to proceed in the onboarding process at a staffing company. As part of the company’s background check, the company asked the caller about where he lived abroad so that the company could contact local law enforcement authorities to see if the refugee had a criminal history. The refugee’s service provider contacted IER because his client had been persecuted in his home country and did not want local authorities to know anything about his client’s whereabouts. IER contacted the company’s general counsel who looked into the situation. The company decided to stop the international portion of its background checks and the refugee was allowed to work.
Fort Worth, TX
On April 30, 2020, an IER attorney saved the job of a refugee whose employer was reverifying her work authorization. Her Employment Authorization Document (EAD) expired and the worker had an unrestricted Social Security card, which is sufficient documentation for reverification. The employer believed that the worker needed to produce another EAD to continue working. IER spoke with the employer and explained that workers can provide their choice of documentation from List A or List C for reverification, including an unrestricted Social Security card. The employer decided to accept the document and the worker continued working.
Orlando, FL
On May 1, 2020, IER learned that it helped save the job of an asylum applicant who was told she would be fired in a few weeks if she did not show a new Employment Authorization Document (EAD). The worker had a valid receipt notice showing that she timely reapplied for a new EAD, and this receipt demonstrated that her current EAD was extended for an additional 180 days, but the employer, a retail store, did not think that document was sufficient. The worker called IER and IER called the company’s attorney. The company was grateful to learn about this issue because there were several other workers who had been affected. The company also provided additional training to the store’s managers about proper Form I-9 procedures.
Tennessee
On May 11, 2020, IER received a hotline call from an asylee worker who received an E-Verify tentative nonconfirmation (TNC) and needed assistance in understanding what he needed to do next. E-Verify initially referred to worker to IER and IER then called the program with the worker and identified the information E-Verify needed to resolve the TNC. The worker later confirmed that he received a call from HR that they verified he was work authorized. The employee continued to work.
North Carolina
On May 14, 2020, IER learned that it had successfully assisted an asylee in obtaining unemployment benefits from the state of North Carolina. The worker attempted to apply for those benefits online, and entered his I-94 number, which he reported was the only option available to him on the site as a non-citizen. The state’s portal then notified the worker that the I-94 number was not valid based on information from the Department of Homeland Security, but the worker did not receive any additional information on the source of the problem or how to correct it. IER contacted SAVE for assistance in identifying the issue. Through IER’s coordination with SAVE and the state agency, the worker was able to receive his allotted unemployment benefits.
West Palm Beach, FL
On May 29, 2020, an asylum applicant with an automatically extended Employment Authorization Document (EAD) called IER because the caller’s employer thought the caller needed present another EAD. IER provided the company with information on the type of automatic extension that the caller had based on a timely filed EAD renewal application. The employer decided to allow the caller to work.
Kansas City, KS
On May 29, 2020, IER received a call from an advocate of a refugee whose employer had rejected the worker’s I-94 for the Form I-9 process. IER reached out to the employer and provided information about refugee I-94s and the employer decided to accept the documentation.
Kansas City, KS
On June 1, 2020, IER learned that it saved the job of a refugee who was unable to work at a cleaning company initially because he had not yet been issued his Social Security number (SSN). The employer uses E-Verify and did not know that workers still waiting for their SSNs can work if they are able to fulfill Form I-9 requirements. IER called the employer to explain proper E-Verify rules. IER later learned that the company was not able to process the refugee for hire because its background check company required SSNs. After speaking to IER, the employer resolved that issue. The refugee still was unable to start his job because of questions about the acceptability of the worker’s State Department Transportation Boarding Letter as a type of identity document. Once that issue was resolved, the refugee was able to begin working.
Bowling Green, KY
On June 9, 2020, IER assisted a refugee services provider whose eight workers had been informed that their I-94s were insufficient for the Form I-9 by their employer. IER contacted the employer and provided information regarding refugee I-94s. IER also provided the employer with the M-274 for additional background. The employer decided to accept the I-94s and committed to continue onboarding the eight workers immediately.
Lincoln, NE
On June 11, 2020, IER learned that an employer had reinstated a refugee who had previously been suspended for not providing a new Employment Authorization Document during reverification, despite the worker’s attempt to present an unrestricted Social Security card. IER contacted the employer to explain that refugees, like other workers, may choose to present any List A or List C document during reverification, and that an unrestricted Social Security card is acceptable for purposes of reverification. Based on this explanation, the employer reinstated the worker and provided back pay.
Minnesota
On June 23, 2020, IER assisted an asylee to return to her job after her employer initially required her to show a new immigration document when her Employment Authorization Document (EAD) expired. The caller has an unrestricted Social Security card, which is sufficient for reverification. IER contacted the employer and provided information about proper reverification procedures. The company decided to accept the caller’s unrestricted Social Security card and she returned to work.
Salt Lake City, UT
On June 23, 2020, IER received a call regarding a recent hire who was threatened termination because his employer refused to accept his Form I-9 documentation. The caller is a refugee. The caller had presented his transportation boarding letter as his List B document and his unrestricted Social Security card as a List C document. After talking to the employer's outside counsel, the matter was resolved and the employee continues working.
Maryland
On June 24, 2020, IER saved the job of an asylee whose employer, a school, was requesting documentation even though the worker’s initial Form I-9 documentation was not subject to reverification. The worker showed her ID and asylee I-94 when she was hired but the school emailed her several months later to request a copy of a receipt notice showing that the worker applied for an Employment Authorization Document (EAD). The worker called IER and IER called the school. The school incorrectly believed that the worker had Temporary Protected Status (TPS), and that the school had to get a receipt notice for all individuals with TPS. IER provided information about the EAD automatic extensions under several TPS designations, and that if individuals have EADs with certain expiration dates they do not need to show a receipt noticed. IER directed the employer to DHS and IER resources. IER also explained the general difference between TPS and asylum status. The employer was interested to learn of the educational material and grateful that it could contact IER in the future when it had questions about Form I-9/E-Verify issues.
New York, NY
On July 10, 2020, IER assisted an asylee to return to work after she initially could not access documentation for the reverification process. The caller showed her Employment Authorization Document (EAD) for the Form I-9 when she was hired. When the restaurant where she worked reverified her work authorization due to the expiration of the EAD, the caller did not have a document to demonstrate her continued work authorization, even though asylees are authorized to work by virtue of their immigration status. The caller called IER and IER assisted the caller in identifying options for requesting updated documentation. Due to COVID-related restrictions, however, the caller was unable to get assistance. IER reached out to USCIS to clarify whether asylees are eligible for emergency assistance to obtain documentation and USCIS contacted the caller for an appointment. DHS issued the caller a List C asylee I-94 and the worker was able to return to work.
Houston, TX
On July 16, 2020, an asylee called the worker hotline to ask for assistance because he believed he needed to show a renewal Employment Authorization Document (EAD) for reverification and had not yet received his new EAD. After confirming that the caller had other documentation for reverification – an unrestricted Social Security card – IER contacted the employer and explained that unrestricted Social Security cards are sufficient for reverification. The employer accepted the documentation.
Hartford, CT
On July 22, 2020, IER assisted an asylee who was being reverified. A representative for the worker called IER because there was confusion about acceptable documentation for reverification. IER reached out to the employer and the asylee was allowed to show her unrestricted Social Security card for the process, avoiding any loss of work.
Lewisville, TX
On July 31, 2020, IER assisted an asylee who applied for a job with a company subject to the ITAR/EAR. The asylee presented an ID and unrestricted Social Security card for the Form I-9. The employer then asked the worker for additional documentation to determine whether the caller was a “U.S. person” under the ITAR/EAR. The worker provided his I-94 noting his asylum status. The employer initially rejected the worker’s documents and he was unable to start for two weeks. The worker eventually contacted IER and IER contacted the company. The company explained that the worker’s ID and unrestricted SSC were enough for the Form I-9, and its request for additional documents was unrelated to the Form I-9. However, some individuals in the company were not familiar with all of the types of documents the government issues to non-U.S. citizens and thus did not realize that the worker’s I-94 was sufficient for the company to confirm his U.S. person status. The employer appreciated IER’s assistance and paid the asylee $1,360 for the time he missed.
Louisville, KY
On August 4, 2020, IER helped a refugee obtain housing. The refugee submitted a rental application and the management office told her that she needed to show an unexpired Permanent Resident Card to prove her identity and work authorization and refused to continue the process until the refugee provided the requested document. The refugee’s service provider contacted IER, and IER called the management office to explain that in the employment context, non‐U.S. citizens may be eligible for different types of documents that establish their identities and permission to work such as an unrestricted Social Security card, and that refugees are work authorized indefinitely but do not have Permanent Resident Cards. After speaking with IER, the management office decided that the refugee’s documentation met its requirements and allowed the refugee to rent an apartment.
Detroit, MI
On August 9, 2020, IER learned that it helped a refugee resolve a misunderstanding about employment eligibility with mortgage company so that the refugee could buy a home. A refugee service provider contacted IER because their client’s mortgage company sought to change the terms of the loan shortly before closing because the refugee’s Employment Authorization Document (EAD) had expired and the company incorrectly believed the refugee no longer had permission to work. The refugee also had shown his refugee I-94, state ID and unrestricted Social Security card, but the mortgage company did not understand the significance of the documents. IER contacted the mortgage company and provided information on the types of documentation the refugee had shown, in an employment context. The mortgage company accepted the refugee’s documentation and the refugee successfully closed on his house with the original terms of the loan.
Minnesota
On August 12, 2020, IER successfully completed an intervention on behalf of a refugee who was denied a security badge from an airport. For badging purposes, the airport erroneously believed that the worker was required to show an unexpired Employment Authorization Document to obtain a security badge, rather than their choice for documentation that would satisfy the Form I-9. This valid documentation includes List B and C documents—which the caller had provided. After an IER staffer contacted the airport and provided information that the airport could access on security requirements for badging, the manager decided the caller’s documentation satisfied the requirements, and the airport issued the caller a badge.
Jerome, ID
On August 25, 2020, IER assisted an asylee with getting her job back. The caller was fired after her Employment Authorization Document (EAD) expired because she did not have valid documentation for reverification. When she received her EAD and attempted to reapply for the position, she was told that she had been placed on a “Do Not Hire” list and could not reapply to the company. IER called the employer and the employer determined that the placement on the list had been unintentional and rehired the worker immediately.
St. Paul, MN
On September 10, 2020, IER successfully completed an intervention on behalf of two refugee workers who had not been placed into the hiring pool by a staffing agency because the workers had not yet received their Social Security numbers. After a refugee service provider assisting the refugee workers called IER’s hotline, IER contacted the employer and provided information indicating that a worker can be hired and put to work even if they are still awaiting their Social Security number. The staffing agency reviewed the information and placed the workers in the hiring pool.
Massachusetts
On September 14, 2020, IER assisted an asylee requesting a Social Security number. The caller reached out to IER after not being issued a Social Security number due to a question about the documentation he provided to establish his asylum status, the Immigration Judge’s order granting asylum. IER contacted the Social Security Administration (SSA) which confirmed that the caller’s documentation met its requirements, and SSA issued the caller his Social Security number.
Silver Spring, MD
On September 15, 2020, IER intervened to help a refugee begin a new job. The refugee had recently arrived in the United States and had not yet been issued a Social Security number, and the employer had stated that he could not begin working without a Social Security number because the employer’s third-party background check service required a Social Security number. IER provided information for the employer from the Social Security Administration and other federal agencies about procedures for hiring employees who are awaiting issuance of a Social Security number. Based on this information, the employer allowed the refugee to begin work immediately.
Indianapolis, IN
On September 25, 2020, IER assisted an asylee who was terminated when his Employment Authorization Document expired. The caller has an unrestricted Social Security card, which is sufficient for reverification, but the caller said that the employer would not accept the card. IER contacted the employer and provided information on the reverification process, and the employer decided to accept the caller’s Social Security card and to provide back pay for the work the caller missed.
Hollis, NY
On September 30, 2020, IER saved the job of an asylee. The worker provided his I-94 number in Section 1, and presented a driver’s license and unrestricted Social Security card for Section 2. However, the caller stated that the employer told the worker that he needed to present an I-94, as well. The worker asked IER for assistance. IER contacted the employer and pointed the employer to the Form I-9 instructions which state that employers cannot require documentation to verify Section 1 information, and that all workers are permitted to show their choice of valid documentation for Section 2 of the Form I-9. IER also provided the employer IER materials on hiring asylees and refugees. The employer decided to accept the worker’s documentation.
Fiscal Year 2019
New York, NY
On October 3, 2018, IER saved the job of an asylee. The asylee called IER because his employer would not allow him to work because he was awaiting his Social Security number. The worker had provided an Employment Authorization Document for the Form I-9. The employer uses E-Verify and believed the worker needed a Social Security number to start his job. IER provided the caller E-Verify’s instructions for creating a case when a worker has not yet received a Social Security number, directing an employer to create the E-Verify case after the worker receives his Social Security number. The worker shared this information with the employer and the employer decided to allow the worker to start his job without delay.
Dallas, TX
On October 18, 2018, IER intervened to save the job of a refugee who lost her job after her employer rejected her unrestricted Social Security card for reverification. The worker showed her Social Security card when her Employment Authorization Document (EAD) but the employer required a new EAD instead. IER reached out to the employer and explained that an unrestricted Social Security card was a valid List C document for reverification. The employer decided to accept the Security Security card and reinstate the worker.
Missouri
On October 24, 2018, IER successfully completed a telephone intervention allowing an asylum applicant to renew his driver’s license. The individual had previously obtained a driver’s license through the validity date on his Employment Authorization Document (EAD), but the DMV had refused to accept documentation showing a 180-day extension of the EAD’s expiration date. IER reached out to USCIS who reached out to the DMV to provide information on the types of EADs the caller has. The DMV decided the caller’s documentation met the DMV’s requirements, and the individual obtained a renewed license.
Whitewater, WI
On October 24, 2018, IER learned that a derivative asylee and her children had been issued Social Security numbers. Initially, the Social Security Administration was not able to verify the applicants’ immigration documents. IER reached out to SAVE regarding the issue and SAVE followed up with the Social Security Administration, which determined the applicants were eligible for Social Security numbers.
Arlington, VA
On November 19, 2018, IER saved the job of an asylee whose employer pushed back her start date and provided inaccurate information on how to resolve an E-Verify tentative nonconfirmation (TNC). The caller’s employer told her to go the Social Security office to get an unrestricted Social Security card instead of providing her with the required E-Verify notices including instructions on how to resolve the TNC. IER provided the employer with information on how to handle a TNC and information regarding the valid Form I-9 documentation that the worker had already provided, including an I-94 card which is an acceptable List C document. The employer decided to follow E-Verify TNC procedures and allowed the caller to start worker. After the employer updated the worker’s Form I-9 and corrected information in the E-Verify case, the system generated a confirmation of employment eligibility.
Jacksonville, FL
On December 6, 2018, IER successfully completed a telephone intervention involving a grocery store that prevented a refugee from working. The store hired the worker but during the Form I-9 process, the employer rejected the worker’s valid driver’s license and Social Security card (Lists B and C documents) and requested that he present an Employment Authorization Document or a foreign passport with a Form I-94. The worker called IER’s hotline and an IER staffer immediately contacted the store and explained proper Form I-9 procedures and the INA’s prohibition against discrimination in the employment eligibility verification process. After the store realized that it improperly rejected the worker’s documents, it offered the worker reinstatement with back pay in the amount of $2,475.
Towson, MD
On December 19, 2018, IER successfully intervened on behalf of a refugee. The worker contacted IER because her employer asked her to provide proof of her immigration status even though the worker had provided sufficient documentation to establish her identify and employment authorization. IER contacted the employer and explained proper employment eligibility verification procedures, including that workers do not need to provide proof of their specific citizenship status for employment eligibility verification purposes. The employer decided to allow the worker to proceed working without delay.
Fridley, MN
On January 28, 2019, IER received a call from an asylee who said that her employer suspended her when her Employment Authorization Document (EAD) expired and stated that she could not return to work unless she presented an updated EAD. At the time of hire, the worker had presented an EAD (a List A document) and an unrestricted Social Security card (a List C document). IER called the employer and explained that, although an EAD alone would require reverification by the expiration date, an unrestricted Social Security card is a valid List C document. Additionally, IER reminded the employer that employers must permit employees to present any List A or List C document when reverification is required and must not request specific documentation. After considering the information IER provided, the employer decided to accept the worker’s Social Security card and allow the worker to return to work without presenting additional documentation.
Arlington, WA
On January 28, 2019, IER received a call from an asylee who said that his employer requested an Employment Authorization Document (EAD) and, when he failed to provide it, terminated him on the day his EAD expired. However, at the time of initial hire, the worker presented an unexpired driver’s license (a List B document) and an unrestricted Social Security card (a List C document). IER called the employer and explained that some aliens authorized to work, including asylees and refugees, have permanent work authorization and are eligible to receive unrestricted Social Security Cards. Such individuals who present an unrestricted Social Security Card for the Form I-9 are not subject to reverification and those who present an EAD that is subject to reverification may present any valid List A or List C document for reverification. After considering the information IER provided, the employer decided to allow the worker to return to work with back pay for the time he missed without presenting additional documentation.
Abilene, TX
On February 4, 2019, IER learned that it saved the job of a refugee whose employer incorrectly terminated him. The refugee presented an Employment Authorization Document (EAD) at hire and before it expired, he attempted to present an unrestricted Social Security card for reverification. The employer rejected the Social Security card and told the worker that he needed to present an immigration document. IER called the employer and the employer determined that a new HR employee was incorrectly rejecting the Social Security card. The restaurant apologized to the worker, rehired him, and gave him $1,174.24 in back pay. The employer also decided to provide additional training to its new staff on proper Form I-9 procedures.
Chicago, IL
On February 6, 2019, an asylee contacted IER for assistance after her employer did not believe should could begin work until she received her Social Security number. The employer used E-Verify and believed the worker could not start work until she received her SSN and the employer created a case in E-Verify. IER contacted the employer and shared E-Verify’s instructions for waiting to create a case for a worker still await an SSN, while allowing the worker to continue to work. The employer decided not to delay the worker’s employment.
Kansas City, MO
On February 11, 2019, IER saved the job of a refugee. During the employment eligibility verification process, he presented his employer with a driver’s license and unrestricted Social Security card, which are sufficient for the Form I-9. The worker also showed additional documentation, including his prior Employment Authorization Document (EAD). The employer told the worker that he could not move forward with the hiring process because of his expired EAD, and that he would need a renewed permit to begin working. IER contacted the employer and clarified the different types of documentation that a worker may show for the Form I-9 and that an employer may not request specific documents from an individual based on the worker’s citizenship status. The employer understood, and the worker was able to begin working without further delay.
Minnesota
On March 4, 2019, an IER staff member completed a successful intervention on behalf of two asylees and one refugee attempting to obtain badges at the airport where they worked. IER called the airport badging office and provided information on asylee Forms I-94 and refugee I-94s. The badging office decided to accept these documents and issued each worker a badge.
Illinois
On March 5, 2019, IER helped refugees/asylees in Illinois obtain driver’s licenses and state IDs. A refugee and asylee service provider called IER because her clients were unable to get IDs without showing a foreign passport with their electronic I-94s (I-94s that clients print out from the Customs and Border Protection website). Asylees and refugees often do not have foreign passports and are not required to have a foreign passport to use an I-94 as a work authorization document in the Form I-9 process. IER called a representative for the DMV and explained the issue. The DMV determined that a foreign passport is not necessary for individuals with asylum and refugee status who present an I-94. The DMV’s representative also said that she would ensure that individuals who examine these types of documents would be made aware of the state’s policy so that asylees and refugees no longer have any issues obtaining driver’s licenses and state IDs.
Roanoke, TX
On March 14, 2019, an IER staff member intervened and saved the job of a refugee. The worker’s Employment Authorization Document (EAD) had an expiration date of April 2, 2019. The employer informed the employee that the employee would need to produce another EAD or a Green Card by April 2 or be terminated. The employee possessed an unrestricted Social Security card that could be used for reverification purposes. IER contacted the employer’s legal counsel and explained that employees subject to reverification may choose to present their choice of one document from either List A or C. IER further explained that an employee may present an unrestricted Social Security card. After IER contacted the employer’s counsel, the employer decided to accept the employee’s Social Security card for reverification and the employee will remain employed.
Nashville, TN
On March 15, 2019, IER learned that it saved the job of a refugee. The employer reverified the refugee when his EAD expired, but it did not allow him to present an unrestricted Social Security card. The employer believed that because the refugee showed an immigration document for hire, he had to show another immigration document for reverification. The refugee’s service provider called IER, and IER called the company. The company decided to accept the refugee’s documentation, and the refugee returned to work.
Aurora, CO
On March 27, 2019, an IER staff member saved the jobs of a worker and his wife who are both refugees employed at a hospital. The workers presented their Employment Authorization Documents (“EAD”) upon hire. As the EADs’ expiration dates neared, the employer specifically requested new EADs. When the workers presented instead unrestricted Social Security cards for reverification, the employer rejected them. A refugee services provider referred the workers to IER’s worker hotline. IER contacted the employer and explained that workers may show any valid List A or List C document for I-9 reverification. The employer decided to allow the workers to continue working without interruption.
Lincoln, NE
On April 3, 2019, IER successfully completed an intervention to assist a refugee whose employer required him to show a new Employment Authorization Document (EAD) for reverification, instead of allowing him to show his choice of documentation. The employer terminated the worker’s employment when he failed to show a new EAD instead of accepting the worker’s unrestricted Social Security card. IER contacted the employer and explained that an employee can provide a document from List A or List C for reverification including an unrestricted Social Security card. The employer subsequently reinstated the worker.
California
On April 8, 2019, IER learned that it had successfully assisted two refugees in California in securing driver’s licenses. The DMV had initially denied the individuals’ renewed licenses after they had shown their current licenses, Employment Authorization Documents, and I-94s, because the DMV representatives believed that they did not have sufficient documentation for a driver’s license. IER contacted the DMV and provided information about refugees and the types of documentation they may have. The DMV decided the individuals were eligible for a driver’s license and issued them their licenses.
Kansas City, MO
On April 12, 2019, IER saved the job of two refugees who had been fired when their Employment Authorization Documents (“EADs”) expired because their employer, a meat processing plant, would not accept their unrestricted Social Security cards for Section 3 of the Form I-9. IER contacted the employer and explained proper Form I-9 rules and the company was grateful that it could keep the workers. The company decided to pay both workers for the two days of work that they missed, totaling about $200 each. The company was also interested in having several of its locations take a free IER employer webinar.
Minneapolis, MN
On April 18, 2019, an IER staff member completed a successful intervention on behalf of two refugees whose employers terminated them when their Employment Authorization Documents expired. IER called the employers and explained that unrestricted social security cards were valid List C documents for reverification purposes. The employers agreed to reinstate the workers.
Greenfield, IN
On April 24, 2019, IER successfully completed an intervention saving the job of a refugee who had been terminated because of the documents she presented for the Form I-9. IER confirmed that the worker had offered documentation sufficient to complete the Form I-9 and contacted the employer to explain the type of documentation the worker provided. The employer reinstated the worker and provided her with back pay for the time missed.
Watchung, NJ
On April 29, 2019, a staffing service employee called IER because her employer was requesting that she provide a new Employment Authorization Document (“EAD”) when her initial EAD expired. The caller is an asylee and presented her I-94 for reverification, but the employer insisted on a new EAD. IER contacted the employer explained that an I-94 is List C document, and is therefore sufficient for Form I-9 reverification purposes. IER sent the employer USCIS guidance on the I-94 and the employer decided to accept the I-94 and confirmed the caller was returning to work.
Cypress, TX
On May 30, 2019, IER received a call from Catholic Charities regarding a refugee who provided her I-94 to start working for a staffing company. The staffing company rejected the refugee’s I-94 and demanded that the refugee provide her Employment Authorization Document (EAD). IER informed the company that a refugee I-94 is an acceptable receipt establishing both employment authorization and identity for 90 days. IER sent the company additional guidance on refugees and acceptable Form I-9 documents. After reviewing the guidance for nearly six days, the company allowed the refugee to start working.
Georgia
On June 3, 2019, IER received a call from a Temporary Protected Status (TPS) Nepal recipient who was unable to obtain a driver’s license renewal through the date of his automatically extended Employment Authorization Document. IER contacted the Georgia DDS and explained that TPS Nepal had been renewed and that those individuals now had work authorization until March 2020. DDS appreciated the information, issued the caller a renewed driver’s license, and informed its branch offices of the TPS Nepal extension.
Kansas City, MO
On June 6, 2019, IER learned that it helped a refugee get a job at a janitorial company. The worker was hired for a position and completed his Form I-9, but the company fired him when he was unable to present a Social Security number (SSN) because he was still waiting for the Social Security Administration to issue his SSN. A refugee service provider contacted IER, and IER contacted the employer. IER spoke with a company HR representative and provided information from the Social Security Administration and Internal Revenue Service on issuing payroll for workers who are still waiting for an SSN. The HR representative was concerned, still. IER spoke with the company’s counsel who stated that its policy was to allow employees who were new to the United States to work without providing an SSN, and that the HR representative may not have been familiar with that policy. After becoming aware of the issue, the employer rehired the worker.
Fort Worth, TX
On June 6, 2019, IER helped a refugee start her job. The employer contacted IER’s hotline after the worker presented an expired List A document and the employer could not accept the expired documentation and was going to have to terminate the worker absent valid documentation. IER spoke to the worker to determine whether she had other acceptable documentation for the Form I-9. After learning that the worker had a state driver’s license and unrestricted Social Security card, IER explained to both the worker and the employer that this combination of documents was acceptable for the Form I-9. The employer accepted these documents.
Greensboro, NC
On August 6, 2019, IER received a call from an asylee from Senegal whose employer did not initially accept the caller’s asylee I-94 card for employment eligibility verification purposes. The employer was unfamiliar with the I-94. IER contacted the employer and explained that a Form I-94 issued to an asylee is a List C document that demonstrates employment authorization in the United States and does not expire. The worker who presents an I-94 will need to present a List B identity document. The manager accepted the I-94.
New York
On August 6, 2019, IER assisted an asylee in securing a driver’s license. The DMV initially denied the license because it did not recognize her foreign passport and I-94 with an asylum stamp as valid documents, instead requesting her Employment Authorization Document. IER contacted the DMV to provide guidance on the types of documentation the caller was presenting, and the DMV decided that her documentation met the DMV’s requirements. The DMV subsequently issued her license.
Baltimore, MD
On August 23, 2019, IER saved the job of an asylee who had been told she could not begin work until she resolved her E-Verify case. The asylee presented an ID and I-94 with an asylum stamp as List B and List C documents (respectively) for the Form I-9. The company was not sure how to enter the I-94 and received a Tentative Nonconfirmation (TNC). The worker called IER and IER called the company to explain proper Form I-9 and E-Verify rules. The company called the worker back immediately for her to start.
Kansas City, MO
On September 9, 2019, IER saved the job of a refugee. The refugee was working for a clothing retailer and her Employment Authorization Document (EAD) was going to expire. The employer asked her for a new EAD and would not accept her unrestricted Social Security card for reverification. The company spoke to the worker’s refugee service provider, which directed the employer to an IER attorney. The company called the IER attorney, and she explained proper reverification including that employers are not allowed to require workers to present a DHS-issued document for reverification. The IER attorney also clarified that if a worker wants to present an unrestricted Social Security card, that document alone was enough for Section 3. The employer decided to accept the unrestricted Social Security card.
Fiscal Year 2018
Baltimore, MD
On October 10, 2017, IER completed a successful telephone intervention to save the job of an asylee. The asylee presented his driver’s license and Form I-94 for the Form I-9. However, the employer insisted on obtaining an Employment Authorization Document (EAD) or a Social Security card upon hire. The worker called his caseworker, who in turn called IER. IER called the employer and provided guidance on acceptable documents for the Form I-9, explaining that a List C document, such as the Form I-94, along with a state ID, are sufficient for the Form I-9. The employer decided to allow the worker to begin to work immediately.
Atlanta, GA
On October 11, 2017, IER intervened to save the job of a refugee. The refugee presented a valid Employment Authorization Document (EAD) upon hire. However; when the EAD expired, the employer asked the worker for a Permanent Resident Card for reverification. The worker had an unrestricted Social Security card for reverification. The worker went to his caseworker, in turn the caseworker called IER. IER contacted the employer and explained that a List C document was sufficient for reverification purposes, and that the worker had the option to present a List A or a List C document for this purpose. The employer accepted the explanation and allowed the worker to continue with his employment without further delays.
Minnesota
On October 16, 2017, IER learned that it helped a refugee obtain a state I.D. that lacked restrictions. The refugee was told that he needed to present a new Employment Authorization Document (EAD) even though he had already established his permanent lawful presence under that state DMV’s rules. A refugee advocate called IER, and IER called the DMV. The DMV official immediately identified the error and corrected it and the DMV sent the refugee a new ID with the corrected information.
Kansas City, KS
On October 18, 2017, IER intervened to save the job of a refugee. The refugee presented her I-94 upon hire, which is a valid receipt good for 90 days. However, the employer insisted on obtaining a Social Security card from the worker. The worker went to her caseworker, in turn the caseworker called IER. IER contacted the employer and explained that the I-94 was a List A receipt for 90 days and that the worker could begin work with just that document. The employer accepted the explanation and decided to allow the worker to begin work without further delays.
Colorado Springs, CO
On October 26, 2017, a refugee got his job back after an IER attorney intervened. The worker’s state driver’s license had a notation indicating that it was not valid for Federal Identification purposes, and the employer would not accept it as a valid List B document for the Form I-9. The IER attorney explained that a notation indicating that a state ID is not valid for Real ID Act purposes, does not render the document ineligible for Form I-9 purposes, and shared guidance from I-9 Central on this topic. The employer decided to invite the worker to begin working.
Philadelphia, PA
On November 1, 2017, IER received confirmation that a retail store that suspended a refugee decided to reinstate her. The refugee’s service provider called IER when the company told the refugee that her unrestricted Social Security card (SSC) was insufficient proof for reverification purposes, and that the refugee needed to present a new Employment Authorization Document (EAD). IER called the company’s attorney to resolve the issue because all workers, including refugees, can present any valid List A or List C document—such as an unrestricted SSC—for reverification. Following IER’s call, the store HR employee was instructed on proper Form I-9 procedures, and the company reinstated the employee with $446 (44 hours) of back pay for the time the refugee was out of work.
Suwanee, GA
On November 21, 2017, IER received confirmation that its intervention had saved the job of a refugee. The refugee’s employer, a temporary staffing agency, selected the worker for a permanent position with the company where he was assigned. The company rescinded the job offer and the temporary agency ended the employee’s assignment because the employee’s Employment Authorization Document (EAD) had expired, even though the employee had an unexpired driver’s license and unrestricted Social Security card. IER contacted the temporary staffing agency and the company to explain that employers may not request more or specific documents based on citizenship status during the employment eligibility verification process. The temporary agency decided to allow the employee to return to work, and the company decided to continue the hiring process.
Worcester, MA
On January 16, 2018, IER successfully intervened on behalf of a refugee who stated that his employer required an immigration document for form I‐9, Section 3 reverification purposes. The worker’s advocate had contacted IER’ hotline, and described how the employer asked the worker to present a Permanent Resident Card (PRC) upon expiration of his Employment Authorization Card in December 2017. IER called the employer, a warehouse site of a large retail company, to explain proper reverification procedures, which includes permitting the worker to present any List A or List C documentation that the worker chooses. The employer confirmed that it would allow the worker to present any List A or C documentation of his choice, including an unrestricted Social Security Card, for reverification, and not require an immigration document.
Mankato, MN
On January 23, 2018, IER learned that it saved the job of a refugee who had been incorrectly suspended. The refugee was working for a staffing company and wanted to show her unrestricted SS card before her EAD expired. The staffing company rejected the SS card and told the worker that she needed to produce another DHS‐issued document. The staffing company subsequently suspended the worker. The refugee’ service provider contacted IER, and IER contacted the staffing agency’ corporate counsel. After doing an internal review, the company realized its local staff committed an error and reinstated the refugee. The staffing company also paid the refugee $1600 in back pay for the period of her suspension.
Baltimore, MD
On February 5, 2018, an IER staff member completed a successful telephone intervention to save the job of an asylee. The asylee presented a state I.D. and his unrestricted Social Security card for the Form I‐9. However, the employer requested that the worker show a Permanent Resident Card. The worker’ case worker called IER and IER called the employer and provided guidance on acceptable documents for the Form I‐9, explaining that a worker can show a combination of documents from List B and C, such as a state ID and Social Security card. The employer decided to allow the worker to begin to work immediately.
Scottsdale, AZ
On February 13, 2018, an IER staffer completed a successful intervention on behalf of a refugee. The refugee’s employer required the worker to show an Employment Authorization Document (EAD) or other immigration document for the Form I‐9, despite the fact that the worker had shown valid documents from Lists B and C. The IER staffer called the employer and explained that workers does not need to prove their particular citizenship status for the Form I‐9 and all workers have the option of showing their choice of valid documentation, including a driver’ license and unrestricted Social Security card. The employer understood and decided to allow the worker to work without further issue.
Dallas, TX
On February 22, 2018, IER prevented a staffing company from incorrectly refusing to consider a refugee applicant. The refugee’s service provider contacted IER because his client tried to apply for a job at the staffing company, and the company rejected his I‐94 with a refugee stamp and later rejected his state ID and unrestricted Social Security card. IER provided information on refugee I‐94s and shared employer resources for completing the Form I‐9 such as the Handbook for Employers (M‐274) for more information on the full list of documentation an employee may show for the Form I‐9. The staffing company stated that the refugee was now eligible for assignment.
California
On February 28, 2018, an IER staffer helped two refugees who were facing difficulty applying for driver’s licenses in California. The refugees had EADs with their names spelled incorrectly and I‐94s and passports with their correct names, but they were turned away from the DMV for lacking appropriate documents to prove their residence and identity. An advocate from a refugee assistance group called IER and IER called the DMV, which then decided that the refugees’correctly spelled documents satisfied the state’ requirements. The DMV then provided additional assistance to the refugees to process their applications.
California
On March 8, 2018, IER successfully completed a telephone intervention allowing a refugee to renew his driver’s license. The refugee called IER’s hotline to report that the department of motor vehicles would not accept the documents he presented demonstrating his refugee status. IER contacted the department of motor vehicles and provided information on the types of documentation the refugee had presented. The department of motor vehicles decided that this documentation met its requirements and the refugee was able to continue in the process and renew his driver’s license.
Louisville, KY
On March 9, 2018, IER intervened to save the job of a refugee. The refugee presented his valid Employment Authorization Document (EAD) upon hire; however, when the EAD expired, the employer insisted on obtaining a renewed EAD and did not allowed the worker to present any other acceptable document for reverification. The worker went to his caseworker and the caseworker called IER. IER contacted the employer and explained that workers can present their choice of valid documentation from List A or List C for reverification. In this situation, the worker had presented his unrestricted Social Security card. The employer decided to allow the worker to return to work and pay approximately $4,900 in lost wages to the worker.
Michigan
On March 20, 2018, an IER staff member successfully completed a telephone intervention allowing a refugee to renew his driver’s license. The refugee called IER’s hotline to report that the department of motor vehicles would not accept the documents he presented demonstrating his refugee status. IER contacted the department of motor vehicles and provided information on the types of documentation the refugee had presented. The department of motor vehicles decided that this documentation met its requirements and the refugee was able to continue in the process and renew his driver’s license.
Willmar, MN
On April 20, 2018, IER learned that it successfully intervened on behalf of a refugee who had been allegedly denied employment after he showed an I‐94 for the Form I‐94. IER staffer called the employment placement agency to provide information about refugee I‐94s, which a receipts from List A documents and valid for 90 days, and different documents refugees can present, and the employer decided to accept the I‐94 and allow the worker to begin employment.
San Diego, CA
On April 24, 2018, IER intervened to save the job of a refugee who had been working at a fast food restaurant. When the worker’s Employment Authorization Document (EAD) expired, her manager told her she needed to present a new one or would be terminated. The manager would not accept her unrestricted Social Security card for reverification. The worker called IER, and IER called the employer's corporate office and explained that an employee can present any List A or List C document of her choosing to establish continued authorization to work. The employer decided to accept the worker’s unrestricted Social Security card and the worker did not miss any work.
North Carolina
On April 26, 2018, an airport’s badging office contacted IER to seek guidance on what documents are acceptable to renew a badge when a refugee worker’s employment authorization document had expired. The airport badging office relied on the Form I‐9’s List of Acceptable Documents for documentation a worker can show to obtain and renew a badge, and the worker had shown an unrestricted Social Security card. IER explained that unrestricted social security cards are valid List C documents for reverification, and the badging office decided that the unrestricted Social Security card met the airport badging office’s requirements and renewed the worker’s badge.
Seattle, WA
On April 27, 2018, an IER staff member completed a successful intervention on behalf of a refugee whose employment authorization document had expired. The worker had an unrestricted Social Security card, which the employer would not accept for reverification. IER called the employer and explained that an unrestricted Social Security card is a valid list C document, which can be accepted for reverification purposes. With this guidance, the employer was able to reverify the worker, and the worker’s job was saved.
Portland, OR
On April 30, 2018, an IER staff member completed a successful intervention on behalf of an asylee. The worker presented an Employment Authorization Document, but the employer continued to seek additional documentation to prove the worker’s employment authorization. IER called the employer and explained that an Employment Authorization Document is a valid List A document. The employer decided to accept the document for the Form I‐9.
Lewisville, TX
On May 3, 2018, IER successfully completed a telephone intervention allowing an asylee to return to work after her employer requested a specific document for reverification. The worker presented an Employment Authorization Document (EAD) when she was hired and showed her I‐94 with an asylum stamp for reverification. After IER contacted the employer, the employer accepted the I‐94 and the employer decided to let the worker return to work.
St. Paul, MN
On May 11, 2018, IER intervened to save the job of an asylee. The asylee produced her Form I‐94, driver’s license, and unrestricted Social Security card for the Form I‐9, but the employer insisted that the visa had expired and was not acceptable for the Form I‐9 process. IER called the employer and explained the significance of the I‐94 stamp, as well as the different versions of I‐94s that asylees and refugees may present. IER also discussed the requirement that employers may not reject documents offered for the Form I‐9 based on citizenship or immigration status. The employer decided to call the applicant back and continue the onboarding process.
Albuquerque, NM
On May 18, 2018, an IER staff member completed a successful intervention on behalf of a refugee whose employer had insisted on seeing her Social Security card before the caller could begin working, even though she showed an Employment Authorization Document (EAD) for the Form I‐9. IER called the employer and explained that an EAD is a valid List A document, which was sufficient for the Form I‐9 without a Social Security card. With this guidance, the employer was able to hire the worker.
Manako, MN
On May 18, 2018, IER learned that an employer rehired a refugee and gave her $140 in back after terminating her in error. The worker’s Employment Authorization Document (EAD) expired and the employer asked her to produce a new one for Section 3 reverification, instead of allowing the worker to present any List A or List C document (such as an unrestricted Social Security card). The worker’s advocate called IER, and IER contacted the employer and provided information about proper Form I‐9 practices. After reviewing the information that IER provided, the employer confirmed that there was a miscommunication with the worker and rehired her with full back pay.
Shakopee, MN
On May 22, 2018, IER successfully intervened and assisted a refugee worker whose employer was requesting a new Employment Authorization Document (EAD) upon the expiration of the original EAD that the worker presented at hire. An IER staffer contacted the employer’s counsel and informed her of the issue, including that workers have the right to show their choice of documentation at reverification. The employers’ counsel looked into the issue and contacted the employee to clarify that she had the right to choose which List A or List C document to present to establish her continued work authorization. The employer also voluntarily had its manager undergo training to ensure he did not make specific request for documents during the reverification process.
Maryland
On June 1, 2018, an IER staff member successfully completed a telephone intervention saving the job of an asylee with the county school district. The asylee possesses an I‐94 Departure Record bearing a stamp with the notation stating she had been granted asylum indefinitely. This type of I‐94 never expires. The I‐94 together with a List B identity document satisfies the employment eligibility verification process. IER contacted the county school district and explained the types of documents that the employee was presenting. As a result, the county school district decided to accept the worker’s documents and successfully verified the employee’s employment eligibility.
Willmar, MN
On June 11, 2018, IER successfully completed a telephone intervention allowing a refugee to start working at a meat processing facility. The worker showed his Form I‐94 with an unexpired refugee admission stamp for Form I‐9, but the company rejected it and requested a photo I.D. An IER staff member contacted the company’s human resources director and directed him to the page in the USCIS Handbook for Employers page that discusses acceptable Forms I‐94, along with the E‐Verify Manual’s discussion of acceptable receipts. After reviewing these materials, the human resources director decided to accept the worker’s I‐94 and contacted the worker to start working.
Philadelphia, PA
On June 19, 2018, an IER staff member successfully completed a telephone intervention resulting in a refugee getting a job. The refugee had several Form I‐9 documents, including a refugee I‐94, an unrestricted Social Security card, and a valid driver’s license. The employer would not accept the refugee’s acceptable documents because he was not familiar with the I‐94 or refugee status, because it had only hired U.S. Citizens and permanent residents. IER contacted the employer and explained that employers cannot prefer to hire U.S. citizens and permanent residents only over other legally authorized individuals. IER further explained the validity of the types of documents that the employee presented and that employees have the right to choose which acceptable document or combination of documents to present for the Form I‐9. As a result, the employer hired the refugee and accepted his choice of documents for the Form I‐9, shared IER educational materials with the company’s human resources office, and stated it would no longer limit hiring based on citizenship and immigration status.
Buffalo, NY
On June 25, 2018, IER saved a refugee’s job after his employer said he would be fired from a food manufacturing company if he did not show a new Employment Authorization Document (EAD) before his current EAD expired in August 2018. The worker has an unrestricted Social Security card that he wanted to show for Form I‐9 reverification, but the employer wrongly believed that the worker needed to present an immigration document. The worker’s refugee service provider called IER based on a colleague’s referral. IER contacted the employer and explained proper Form I‐9 practices. The employer was grateful for the information because she did not want to terminate the worker and also appreciated knowing of IER’s free employer webinars and educational materials.
Dallas, TX
On June 27, 2018, IER helped a refugee obtain housing. The refugee submitted a rental application and the management office told him that he needed to show a Permanent Resident Card to prove his identity and work authorization and refused to continue the process until the refugee provided the requested document. The refugee’s service provider contacted IER, and IER called the management office to explain that in the employment context, non‐U.S. citizens may be eligible for different types of documents that establish their identities and permission to work. IER sent the management office links to IER educational materials and a link to a USCIS website regarding refugees and asylees. After speaking to IER, the management office decided that the refugee’s documentation met its requirements and allowed the refugee to rent an apartment.
Stockton, CA
On July 16, 2018, IER staff member completed a successful telephone intervention to save the job of an asylee. In the course of conducting an I‐9 audit, the employer determined that it needed to complete a new Form I‐9 for the worker. The employer requested current documentation and the asylee showed her driver’s license and I‐94, which are List B and C documents, respectively. The employer did not accept the Form I‐94 and fired the worker. The worker called IER. In turn, IER staff called the company’s legal counsel. The company determined that it should not have rejected the worker’s valid documentation and reinstated the worker, with $8,350.57 in lost wages.
St. Paul, MN
On July 24, 2018, IER successfully completed a telephone intervention allowing a refugee to be placed for a position through a staffing agency. The staffing agency delayed the worker’s start date because it was unsure whether it could accept the worker’s I‐94 with refugee stamp, which is a receipt for a List A document and acceptable for the Form I‐9. IER contacted the staffing agency and provided information from the Handbook for Employers (M‐274) explaining that the refugee I‐94 is acceptable as a List A receipt, proving both identity and work authorization for 90 days. The staffing agency decided to accept the document and completed the worker’s hire so that she could be placed in a position.
Millsboro, DE
On July 25, 2018, an asylee called IER because her employer threatened to fire her if she did not present an unexpired work permit when her original work permit expired. The caller had provided her manager her unrestricted Social Security card for reverification, but the manager refused to take the card. An IER attorney contacted the employer and explained that a worker may show an unrestricted Social Security card for reverification. As a result of IER’s actions, the employer will accept the caller’s unrestricted Social Security card as proof of continued work authorization.
Frindley, MN
On August 17, 2018, IER successful completed an intervention and saved the jobs of two refugees. The refugees’ Employment Authorization Documents (EADs) had expired and the employer would not accept their unrestricted Social Security cards to complete Section 3 of the Form I‐9. IER called and explained how to complete Section 3, including that a worker may show any valid List A or C document. The employer decided to allow both refugees to return to work and paid them back pay for the time they missed.
Minneapolis, MN
On August 24, 2018, IER saved the job of a refugee in Minneapolis, Minnesota. The worker had a refugee I‐94, a valid receipt for a state ID, and an unrestricted Social Security card, but stated that her employer was requesting an Employment Authorization Document or Permanent Resident Card before she could begin work. IER called the employer and provided guidance on the documents that are acceptable for the Form I‐9, and the employer decided to hire the worker with the documentation of her choice from the Lists of Acceptable Documents.
Dallas, TX
On September 12, 2018, IER assisted a refugee in keeping her job. The caller said that her employer threatened to fire her if she did not present an unexpired Employment Authorization Document (EAD), before her current EAD expired, instead of letting the worker show her choice of a valid List A or List C document for reverification. The caller had an unrestricted Social Security card which she wished to show for reverification. An IER attorney provided the employer information from USCIS’s Handbook for Employers on reverification. As a result, the employer accepted the refugee’s unrestricted Social Security card as proof of her continued work authorization.
Dallas, TX
On September 13, 2018, IER assisted a refugee in keeping his job after his employer required him to show a new Employment Authorization Document (EAD) by the time his initial EAD expired, instead of letting the worker show his choice of valid documentation for reverification. The refugee presented his unrestricted Social Security card, but the employer required a new EAD. An IER attorney emailed the employer and discussed reverifying the employment eligibility of workers. As a result of IER’s actions, the employer decided to accept the alien’s unrestricted Social Security card and allowed the caller to continue to work.
Kansas City, MO
On September 18, 2018, IER intervened to save the job of a refugee. The refugee presented a valid Employment Authorization Document (EAD) at hire. When the EAD expired, the employer asked the worker for a new EAD and did not accept the worker’s unrestricted Social Security card, which is a List C document and valid for reverification. The worker went to his caseworker, and the caseworker called IER for assistance. IER contacted the employer and explained that a List C document was sufficient for reverification purposes, and that workers can present their choice of a List A or a List C document for this purpose. The employer decided to allow the worker to continue with his employment without further delay.
Chicago, IL
On September 19, 2018, IER completed a successful telephone intervention to save the job of an asylee. The asylee presented his driver’s license and Form I‐94 for the Form I‐9, which are valid List B and List C documents. However, the employer insisted on obtaining an Employment Authorization Document or a Social Security card for employment eligibility verification. The worker called her caseworker, who, in turn, called IER. IER called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a Form I‐94 and driver’ license are sufficient for the Form I‐9. The employer decided to allow the worker to begin to work immediately.
Fiscal Year 2017
Wheaton, IL
On October 3, 2016, OSC successfully completed a telephone intervention allowing a refugee to start working at a staffing agency. The worker originally showed his automated Form I‐94 for Form I‐9, but the staffing agency rejected this document because it was not accompanied by a passport. An OSC staff member contacted the company’s human resource representative and gave her information from DHS regarding the validity of the refugee Form I‐94. The refugee was able to start work with no lost wages.
Kansas City, KS
On October 18, 2016, an OSC staff member completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD. The worker contacted his caseworker, who in turn, called OSC hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue his job without interruption.
Harrisburg, PA
On October 19, 2016, an OSC staff member completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD. The worker contacted his caseworker, who in turn, called OSC hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue his job without interruption.
Houston, TX
On October 20, 2016, OSC learned that a work‐authorized immigrant who was terminated had been re‐hired and paid $467.52 in back wages. According to a refugee advocate who contacted OSC, the worker, a refugee, was terminated when her EAD expired and she could not provide the documents demanded of her—a federal identification document or a “green card” (also known as a Permanent Resident Card). The advocate reported that the worker also attempted to present her unrestricted Social Security Card, which is a List C document that establishes work authorization, but the employer would not accept it. After the advocate contacted OSC, an OSC staffer contacted the employer’s counsel to discuss the matter. The employer determined that the worker should have been allowed to present her valid List C document and decided to rehire the worker and pay her for her lost time at work.
Highpoint, NC
On October 25, 2016, an OSC staff member completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD. The worker called OSC’s hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue his job without interruption.
Columbus, OH
On October 26, 2016, an OSC staff member completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. However, the employer requested to see a state ID, which the worker did not have. The worker contacted her caseworker, who in turn, called OSC’s hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List A document, such as an EAD, is sufficient to satisfy the Form I‐9 requirements. The employer decided to allow the worker to begin her job immediately.
Laurel, MD
On November 1, 2016, an OSC staff member completed a successful telephone intervention to save the job of an asylee. The worker had presented a Form I‐94 and her driver’s license. However, the employer insisted on obtaining an EAD or a Social Security card upon hire. The worker did not have an EAD, so she called OSC. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as the Form I‐94 and her state ID, were sufficient for Form I‐9 purposes. The employer decided to allow the worker to begin to work immediately.
Des Moines, IA
On November 1, 2016, an OSC staff member completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD. The worker contacted his caseworker, who in turn, called OSC hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue in his job without interruption.
Walnut Creek, CA
On November 7, 2016, OSC assisted a refugee in starting his job after his employer was initially reluctant to let the worker start because he lacked a Social Security number (SSN). A refugee service provider called OSC’s hotline and requested guidance that the service provider could share with the employer on a worker’s ability to start a job without an SSN. OSC sent links to OSC and SSA materials explaining that individuals can be work‐authorized even if they lack SSNs. The service provider shared this information and was able to have his client hired without further delay.
Bethesda, MD
On November 8, 2016, OSC completed a successful intervention to save the job of a refugee. The worker, who had applied for but not received a Social Security number, was removed from the work schedule and told that she would not be allowed to work until she could provide her Social Security number. An OSC staff member emailed the employer about the issue, and the employer put the worker back on the schedule and offered the worker back wages for the time she was off work.
Austin, TX
On November 9, 2016, OSC assisted a refugee to return to work after her employer rejected the valid documentation she showed as her EAD was set to expire. Two weeks before the expiration of her EAD, the worker showed her employer additional documentation, including her unrestricted Social Security card. The HR representative said that these documents were not acceptable. The worker contacted OSC and OSC reached out to the company’s representative. The company immediately decided to bring the worker back to work and to accept her Social Security card for reverification.
Van Nuys, CA
On December 2, 2016, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented his driver’s license and unrestricted Social Security card upon completion of the Form I‐9. The employer, an E‐Verify user, advised the worker that it received an E‐Verify TNC. The worker was unfamiliar with the process and called OSC. OSC staff spoke with the HR staff member, who in turn referred the case to the employer’s regional HR director. The employer realized that the worker had selected the attestation box in Section 1 identifying himself as an LPR. After the worker corrected the Form I‐9 and the employer resubmitted the E‐Verify query, the E‐Verify system generated a work‐authorized result. The employer decided to allow the worker to continue in his job without interruption.
Roeland Park, KS
On December 9, 2016, OSC successfully intervened on behalf of a refugee whose employer had threatened her with termination if she did not present a new EAD for reverification purposes. The employer, a large retail company, demanded that the worker present a new EAD upon its expiration. According to the worker, the employer refused to accept her unrestricted Social Security card for reverification, and threatened to terminate her employment if she did not present a new EAD. The worker then sought assistance from Catholic Charities, and a Catholic Charities staff member contacted OSC’s hotline. OSC then contacted the store manager, who, after speaking with corporate representatives, responded that the worker was successfully reverified with her Social Security card and would be allowed to return to work without further disruption. The worker later confirmed to OSC that she would be resuming her normal work schedule, and that she would receive back pay for the one day of work she had missed to date.
Orinda, CA
On December 15, 2016, OSC assisted a refugee who had been told that he would could not be hired unless he presented an EAD for the Form I‐9. The worker, with a refugee service provider’s assistance, presented his refugee Form I‐94 but was told he had to show an EAD. The worker later received his driver’s license which he attempted to show with his unrestricted Social Security card but he and the service provider were told once again that the worker had to show an EAD. The refugee's service provider contacted OSC for assistance and OSC contacted the employer and explained that the documentation the worker was seeking to show was acceptable and that an employer should only request documentation for employment eligibility verification purposes after a job has been accepted. The worker was allowed to resume the hiring and onboarding process and to present the valid documentation of his choice without further delay.
Dallas, TX
On January 5, 2017, OSC saved the job of a refugee who was told he would be would be fired if he didn’t show an EAD for Form I‐9 Section 3 reverification. The refugee’s service provider called an OSC attorney who had helped him in the past, and that OSC attorney spoke to the company’s attorney. The company’s attorney immediately called the relevant HR person and explained the ability for a worker to present a List C document for reverification. The company called the worker immediately and he did not miss any time off of work.
Elkridge, MD
On January 17, 2017, OSC learned that a worker who had been improperly terminated upon reverification of her work authorization had been returned to work and paid $666 in back wages. The worker, an asylee, contacted OSC after her employer required her to present a new List A document or proof that she was adjusting her immigration status to lawful permanent resident to continue to work. Although the worker presented valid List C documents that proved her ongoing work authorization, including her unrestricted Social Security card, the employer refused to allow her to continue working. OSC contacted the employer and shared guidance documents from both OSC and USCIS regarding proper reverification. Upon review of the information, the human resources staff decided to bring the employee back to work and thanked OSC for helping to correct misunderstandings about proper reverification practices.
Minneapolis, MN
On January 24, 2017, IER learned that it helped a refugee resume his job. The refugee had been erroneously fired upon the expiration of his EAD because the company did not believe that he could continue to work with just an unrestricted Social Security card. The refugee’s service provider called IER, and IER called the company. The company realized that it made a mistake in rejecting the refugee’s Social Security card and firing him. It decided to rehire the refugee and give him approximately $400 for the week of work that he missed.
Albuquerque, NM
On February 21, 2017, IER learned that it helped a refugee apply to a national restaurant chain. The refugee could not submit an online employment application because the company required a Social Security number (SSN) to complete the application electronically. The refugee had not yet received her SSN, but was eligible to work while she waited and had valid Form I‐9 documentation. The refugee’s service provider heard an in‐person IER presenter previously and called IER for assistance. IER contacted the restaurant chain and the company removed the SSN requirement from one area of its online application, and also changed its policy to permit paper applications for workers who cannot complete the online process.
Kansas City, KS
On February 21, 2017, IER completed a successful telephone intervention to save the job of a refugee. The refugee presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD. The worker had not received a new EAD and decided to contact his caseworker, who in turn, called IER hotline. IER staff called the employer and provided guidance on acceptable documents for the Form I‐9, explaining that a List A or C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue his job without interruption.
Des Moines, IA
On March 1, 2017, IER saved the job of an asylum applicant who had been told that he would be fired if he did not present an EAD for Form I‐9 reverification. IER contacted the employer and explained proper Form I‐9 reverification rules. Following this, the worker was able to present his valid work documentation.
Indianapolis, IN
On March 7, 2017, an IER staff member assisted a refugee in starting his new job by resolving uncertainty between the worker and employer about acceptable Form I‐9 documentation. The worker contacted IER because the worker believed, through a translator, that his new employer was rejecting his Form I‐9 documentation. The IER staff member called the employer, which explained that the employer was not rejecting the worker’s documentation but requesting that the worker correct an error regarding the worker’s citizenship status in Section 1, and that the worker could show his choice of documentation. With the IER staff member’s help, the employer sent the worker a new I‐9, which the worker will complete, and begin work as intended.
Wichita, KS
On March 14, 2017, an IER staff member saved the job of a refugee. The worker presented her Form I‐94 to begin employment; however, the employer insisted on obtaining her Social Security card in order to complete the Form I‐9 and process payroll. The worker had applied for a Social Security card but had not received it yet. The worker spoke to her caseworker and, in turn, the caseworker called IER. The IER staff member contacted the employer and explained the refugee receipt rule and referred the employer to the IRS website to learn about how to process payroll while awaiting the Social Security number from the worker. The employer accepted the explanation and decided to allow the worker tlo begin working without further interruptions.
Boston, MA
On March 21, 2017, IER learned that it ensured continuity of employment for an asylee from Uganda who provides round‐the‐clock, in‐home caregiving for an elderly woman. The worker called IER’s hotline because her employer told her she would have to stop working if she could not provide a new EAD by her original EAD’s expiration date. IER spoke with the worker and HR to determine that the EAD category code qualifies for a 180‐day extension when presented together with a 797‐C Action of Notice displaying the matching category code. The employer already had the appropriate 797‐C on file, and the employer decided to allow the worker to continue working with no interruption.
Kansas City, KS
On March 27, 2017, IER intervened to save the job of a refugee. The refugee provided sufficient documentation for the Form I‐9 and worked for several weeks but the employer insisted on seeing her Social Security card to process her paycheck. The refugee contacted her caseworker, in turn, the caseworker contacted IER. IER staff called the employer and explained that the worker could work and should be paid even while awaiting her Social Security card/number. IER staff referenced IRS guidelines to the employer where it explains that an employer can distribute earning while awaiting for a Social Security number from the worker. The employer accepted the explanation and decided to follow the payroll guidelines and process the worker’s wages without any further delays.
Bowling Green, KY
On April 7, 2017, IER saved the job of an asylee who was told she would be fired at the end of the month if she did not produce a renewed immigration document. The asylee attempted to show her unrestricted Social Security card upon the expiration of her EAD, but the employer rejected the document and required a document issued by DHS. The asylee asked her service provider for assistance, and the service provider contacted IER after having seen an IER attorney do an outreach presentation several years before. The IER attorney contacted the company and explained proper Form I‐9 rules. The company admitted that it had believed immigrants needed to show DHS‐issued documents for reverification, and was excited to learn of free IER webinars for training, as well as the free IER hotline.
Los Angeles, CA
On April 18, 2017, an IER staff member saved the job of an asylee. The worker called IER her employer rejected her unrestricted social security card and driver’s license during the Form I‐9 process. The worker said that her employer was instead requiring that she show an Employment Authorization Document (EAD). An IER staff member called the employer and the employer stated that the worker just needed to provide a USCIS number. The IER staff member resolved the apparent miscommunication due to a language barrier and the worker continued with the hiring process without interruption.
Bowling Green, KY
On April 25, 2017, IER saved the jobs of a refugee and an LPR whose employer required additional documents after the workers showed sufficient documentation during the reverification process. A refugee service provider who had previously contacted IER for help asked IER to assist after the workers’ employer told the workers that they had to show immigration documents for reverification, instead of allowing them to show their choice of any valid List A or List C document. The workers each had an unrestricted Social Security card to show for reverification. IER contacted the employer and the employer accepted the workers’ Social Security cards, and subsequently asked IER for information and guidance regarding other citizenship status discrimination issues. The employer was grateful for IER’s call because it wanted to keep its workers and was able to get additional guidance in the process.
Panama City, FL
On May 4, 2017, an IER attorney saved the job of an asylum applicant. The caller’s work permit was set to expire on May 5 but she received an automatic work extension from USCIS. The caller’s employer demanded proof of this extension. IER called and informed the employer that certain EADs or work permits have received automatic work extensions. IER then provided the employer with a copy of the caller’s Notice of Action and directed the employer to information on USCIS’s website explaining the automatic work extension. Consequently, the employer decided to allow the caller to work beyond May 5.
St. Augustine, FL
On May 15, 2017, IER intervened to save the job of a refugee. The refugee presented a valid driver’s license and an unrestricted Social Security card upon hire. However, the employer insisted on obtaining an EAD from the worker. The refugee contacted his caseworker, in turn, the caseworker contacted IER. IER staff called the employer and explained that a worker has the option to present a valid driver’s license and Social Security card to satisfy the Form I‐9 and that a refugee does not have to show an EAD. The employer accepted the explanation. The worker was asked to return to work and was paid $112.00 for lost wages.
Exeter, PA
On June 14, 2017, IER intervened to save the job of a refugee. The refugee presented a valid EAD upon hire. When the EAD expired, instead of letting the worker show his choice of documentation from List A or List C, such as the worker’s unrestricted Social Security card, the employer asked the worker for a new EAD. The worker did not have a new EAD and went to his caseworker, in turn the caseworker called IER. IER contacted the employer and explained that a List C document is sufficient for reverification purposes, and that the worker had the option to present a List A or a List C document for this purpose. The employer decided to accept an unrestricted Social Security card and allow the worker to continue with his employment without further delays.
Raleigh, NC
On June 20, 2017, an IER staff member intervened and saved the job of a refugee in North Carolina. The worker presented a state ID and unrestricted Social Security Card for employment eligibility authorization purposes, but the employer requested to see his Employment Authorization Card. The IER staffer called the employer and explained that a worker’s ID and Social Security card should be accepted if they appear to be reasonably genuine and relate to the worker, and that a worker does not need to prove his citizenship or immigration status to the employer. The employer decided to accept the ID and Social Security card.
Kansas City, KS
On June 27, 2017, IER intervened to save the job of a refugee. The refugee was working for a major retail company and presented a valid Employment Authorization Document (EAD) upon hire. However; when the EAD expired, the employer rejected the worker’s unrestricted Social Security card and required a permanent resident card instead. The worker went to his caseworker, and the caseworker called IER. IER contacted the employer and explained that a List C document was sufficient for reverification purposes, and that a worker has the option to present a List A or a List C document for this purpose. The employer accepted the explanation and allowed the worker to continue with his employment without further delays.
Indianapolis, IN
On July 5, 2017, an IER attorney intervened and saved the job of a refugee in Indianapolis, Indiana. The worker’s Employment Authorization Document had expired, and the employer refused to accept his unrestricted Social Security card to complete Section 3 of the Form I‐9. The IER attorney called the employer and informed it that an unrestricted Social Security card is an acceptable List C document and acceptable for reverification. The employer accepted the worker’s document and he was able to return to work without missing any shifts.
Philadelphia, PA
On July 7, 2017, an IER attorney intervened and saved the job of an asylum applicant in Philadelphia, Pennsylvania. The worker is authorized to work in the United States and was scheduled for orientation until he shared that he was currently in immigration proceedings. The IER attorney called the employer and explained that an individual in immigration proceedings can still be authorized to work in the United States, and that an Employment Authorization Document, such as the caller’s, is a valid List A document for the Form I‐9. The employer accepted the worker’ document.
West Des Moines, IA
On July 7, 2017, an IER attorney intervened and saved the job of an asylee in West Des Moines, Iowa. The worker’s offer was rescinded when the contract recruiter learned that the worker is an asylee. The IER attorney called the contract recruiter and informed it that the INA prohibits citizenship status discrimination against asylees in hiring decisions. The contract recruiter communicated with the client, and the client renewed its offer of employment to the asylee.
Plano, TX
On July 25, 2017, IER learned that it saved the job of a refugee at a large retail chain. The refugee presented his I‐94 when he started his job. He later provided a state ID and unrestricted Social Security card, which are acceptable documents for the Form I‐9. The employer said that the refugee had to provide an EAD by the end of the next week or he would be fired. The refugee’ advocate called IER, and IER called the employer’s counsel to explain the situation. The store then accepted the refugee’s ID and Social Security card and the refugee did not miss any work.
Idaho Falls, ID
On July 25, 2017, IER learned that due to its efforts, an asylum applicant with a valid, unexpired Employment Authorization Document (EAD), continued with the interviewing process for positon as a health care provider with an employer. The worker contacted IER’s Worker Hotline to report that the employer’s HR office refused to continue his job application process upon learning that the worker is an asylum applicant and has an EAD, based on a misunderstanding that the worker required employer sponsorship to work in the United States. IER reached out to the employer’s corporate legal counsel who determined the HR office was not following company policy. The company reached out to the worker to immediately schedule an interview. IER also shared information about IER’s employer webinars.
Washington
On July 26, 2017, IER learned that a company reinstated a refugee who had been terminated following the expiration of his Employment Authorization Document (EAD). Upon the expiration of his EAD, the worker tried to show his unrestricted Social Security card, but was told he had to present an EAD or a permanent resident card. IER contacted the employer and explained proper Form I‐9 reverification rules. The worker was allowed to present his Social Security card and return to work.
Richmond, VA
On August 11, 2017, a refugee got three weeks of back pay and his job back after an IER attorney intervened to save his job. The worker’s temporary employment authorization document had expired, and the employer would not accept his unrestricted Social Security card for reverification. The employer suspended him without pay. The IER attorney called the employer and informed it that an unrestricted Social Security card is a valid List C document for the purpose of reverification. The employer invited the worker back to work and paid him three weeks of back pay for the time the worker missed.
St. Paul, MN
On August 22, 2017, IER intervened to save the job of a refugee. The refugee presented his driver’s license and unrestricted Social Security card upon hire. However, the employer insisted that the worker present an EAD instead of accepting the documents the worker showed. The refugee called his caseworker, in turn, the caseworker called IER. IER contacted the employer and explained that a worker who shows a driver’s license and unrestricted Social Security card has satisfied the Form I-9 and should not be asked to show an EAD. The employer accepted IER’s explanation and decided to allow the worker to begin work without further delays.
Bronx, NY
On August 23, 2017, IER intervened to save the job of an asylee. The asylee showed an EAD upon hire. When the worker’s EAD expired, the employer requested a new EAD, instead of allowing the worker to show the worker’s choice of documentation. The worker had an unrestricted Social Security card, which is valid for reverification. The worker called her caseworker, in turn, the case worker called IER. IER called the employer and explained that an unrestricted social security card is sufficient for the reverification purposes. The employer accepted IER’s explanation and decided to allow the worker to continue working without further delays.
Worchester, MA
On September 18, 2017, IER was contacted by a refugee services provider about a client who was discharged after she was unable to provide the Employer with a Social Security number. The employee recently arrived to the United States and had not yet received her Social Security number. An IER staff member immediately contacted the Employer’s hiring official and emailed guidance from the USCIS Handbook for Employers, the IRS, and the E-Verify handbook that explains to delay creating an E-Verify case while an employee awaits her Social Security number, and how employers can report wages before an employee receives a Social Security number. After reviewing the materials, the Employer decided to rehire the employee and pay her ($540.43) for one week of lost wages.
West Valley, UT
On September 22, 2017, IER intervened to save the job of a refugee. The refugee was working for a major retail company and presented a valid Employment Authorization Document (EAD) upon hire. However; when the EAD expired, the employer asked the worker for a new EAD for reverification instead of allowing the worker to show his choice of documentation from List A or List C. The worker had an unrestricted Social Security card. The worker went to his caseworker, in turn the caseworker called IER. IER contacted the employer and explained that a List C document was sufficient for reverification purposes, and that the worker had the option to present a List A or a List C document for this purpose. The employer decided to allow the worker to continue with his employment without further delays.
Raleigh, NC
On September 26, 2017, IER intervened to save the job of a refugee. The refugee presented her I-94 upon hire; however, the employer insisted on obtaining a Social Security card from the worker. The worker went to her caseworker, and in turn the caseworker called IER. IER contacted the employer and explained that the I-94 was a List A receipt for 90 days and that the worker could begin work with just that document. The employer decided to allow the worker to begin work without further delays.
Athens, GA
On September 27, 2017, IER learned that a refugee had returned to his job with back pay following an IER intervention. The worker showed an Employment Authorization Document (EAD) when he began his job and showed his unrestricted Social Security card at reverification. The employer refused to accept the Social Security card and requested a new EAD, and terminated the worker for his failure to provide an EAD. The worker’s case worker contacted IER’s worker hotline after attempting to resolve the error. IER contacted the employer and the employer decided to immediately reinstate the worker with back pay.
Fiscal Year 2016
Atlanta, GA
On October 2, 2015, OSC saved the job of a refugee who was told he would be terminated upon the expiration of his EAD. The refugee’s service provider had seen an OSC webinar and emailed an OSC attorney to request assistance with the issue. The service provider requested information on reverification that it could share with the employer. OSC provided the information and after reading the information, the employer immediately recognized that it had threatened termination in error. The employer informed the service provider that because it already had the worker’s unrestricted Social Security card, it would not terminate the employee.
Atlanta, GA
On October 5, 2015, OSC saved the job of a refugee who had been terminated upon the expiration of his EAD. The refugee’s service provider had been referred by a colleague who had seen an OSC webinar, and he emailed an OSC attorney to request assistance with the issue. The service provider requested information on reverification that it could share with the employer. OSC provided the information, which the service provider sent to the employer. After reading the information, the employer immediately rehired the refugee.
Salt Lake City, UT
On October 6, 2015, OSC saved the job of a refugee who had been terminated from his job at the Salt Lake City airport after the expiration of his EAD. Rather than allow the worker to show the worker’s choice of documentation at reverification, the employer thought that the worker had to present another immigration document such as an EAD. The validity of the worker’s airport badge was unaffected by the expiration of his EAD. The refugee sought assistance from a non‐profit organization, which referred the refugee to an OSC attorney because it had recently been trained by OSC. The attorney called the employer and explained that the worker was not obligated to present an immigration document upon the EAD’s expiration, and that the worker could present his unrestricted Social Security card, as he had initially attempted to do. The employer was grateful that it did not have to terminate the refugee, and the refugee returned to work immediately.
Taylorsville, UT
On October 8, 2015, OSC learned that a refugee returned to work with full back pay after he was incorrectly fired from his job at a large retail chain. The refugee wanted to present a school ID and unrestricted Social Security card for the Form I‐9, but the hiring manager would not permit him to start because he did not have a DHS‐issued document to use for the Form I‐9. OSC called the store’s counsel to explain the situation, and the counsel was able to get the refugee back to work immediately. The employer also decided to pay the worker two weeks of back pay ($576).
Grand Rapids, MI
On October 21, 2015, OSC saved the job of a refugee who had been initially denied employment because he lacked an EAD. The refugee was in the process of completing his Form I‐9 when his employer told him that they could not continue without an EAD. The refugee called his attorney, and the attorney gave him OSC’s phone number. The refugee called OSC and spoke to an OSC attorney to explain the situation. The OSC attorney immediately spoke to the HR manager to clarify that no worker, regardless of citizenship status, is required to show a DHS‐issued document, and that a state ID and unrestricted Social Security card (which is what the worker possessed) were valid for the Form I‐9 for all workers. The attorney also explained the resources available to employers, including the M‐274 Handbook for Employers. The employer was grateful for the guidance and the worker was able to complete the Form I‐9 without any further delay.
Baltimore, MD
On October 28, 2015, OSC received a call from an organization that assists refugees, advising OSC that a number of refugees their organization was assisting were unable to gain employment at Maryland Casinos because of the State’s gaming licensing requirements. Though not required by regulation, the Maryland State Lottery and Gaming Control Agency’s electronic Gaming License application required non‐U.S. citizens to provide a copy of a List A document to establish their employment eligibility as a condition of being granted a gaming license. Moreover, naturalized U.S. citizens were required to provide information about their naturalization, including their naturalization and their naturalization certificate number. On November 24, 2015, following a conference call with department heads and the Deputy Counsel of the Maryland State Lottery and Gaming Control Agency, the Agency voluntarily agreed to modify its electronic application requirements. They also voluntarily committed to notify contractors of how to process applications for non‐U.S. citizens and naturalized U.S. citizens and to designate a point of contact within the Agency to address any questions until the electronic application is modified.
Pittsburg, PA
On November 3, 2015, OSC learned that a refugee who called its hotline had been paid three weeks of outstanding wages due to OSC’s intervention. The refugee had been hired at a large, national company and had received an E‐Verify TNC. The refugee was able to resolve the TNC immediately, but the worker’s supervisor incorrectly believed that the company required additional government confirmation to pay him. An OSC attorney called the company’s attorney, and the company paid the refugee $502 in wages within less than a week of him having called OSC’s hotline.
Denver, CO
On November 12, 2015, OSC intervened to allow a refugee to start working at a restaurant in Denver. The refugee had applied for lawful permanent residence, and the restaurant stated that she would have to wait until that application was approved to start working. The refugee had a state ID and an unrestricted Social Security card, but did not initially present them. The worker called OSC’s hotline. OSC called the employer and provided guidance on acceptable documents for the Form I‐9, explaining that a refugee who presents a state ID and unrestricted Social Security card has satisfied Form I‐9 requirements and can begin work. OSC instructed the worker that she could present her state ID and Social Security card to the restaurant. The employer decided to let the employee begin work.
New Orleans, LA
On November 19, 2015, OSC saved the job of a refugee who was unable to start working at a company because he lacked an SSN. The refugee service provider called OSC after seeing an OSC attorney present at a conference. The service provider did not want OSC to make a call to the employer, so OSC sent the service provider information that the provider could forward at his discretion, explaining that individuals can be work‐authorized even if they lack SSNs, with links to IRS and SSA guidance. The service provider sent the email and was able to have his client hired without further delay.
Wichita, KS
On November 19, 2015, OSC saved the job of a refugee who was unable to start working at a company because he lacked an SSN. The refugee service provider called OSC after seeing an OSC attorney present at a conference. The service provider did not want OSC to make a call to the employer, so OSC sent the service provider information that the provider could forward at his discretion, explaining that individuals can be work‐authorized even if they lack SSNs, with links to IRS and SSA guidance. The service provider sent the email and was able to have his client hired without further delay.
St. Louis, MO
On November 20, 2015, OSC saved the job of a refugee who was unable to start working at a company because he lacked an SSN. The refugee service provider called OSC after seeing an OSC attorney present at a conference. The service provider did not want OSC to make a call to the employer, so OSC sent the service provider information that the provider could forward at her discretion, explaining that individuals can be work‐authorized even if they lack SSNs, with links to IRS and SSA guidance. The service provider sent the email and was able to have her client hired without further delay.
Tucson, AZ
On November 23, 2015, OSC saved the job of a refugee who was fired after working for three days at a large hotel chain because he lacked a Social Security number (SSN). The refugee service provider called OSC after seeing an OSC attorney present at a conference. OSC called the employer and explained the issue to both the hotel manager and the corporate HR Director. OSC also gave the employer guidance regarding not running the refugee through E‐Verify and how to process the worker’s payroll until the worker received his SSN, as explained by DHS and IRS guidance. The employer was grateful for the information and was able to rehire the worker.
Denver, CO
On November 25, 2015, an OSC attorney assisted a refugee whose employer demanded that the refugee supply an EAD with an expiration date in order to use E‐Verify. The refugee possessed an unrestricted Social Security card, and was waiting for her EAD. OSC sent the employer information regarding E‐Verify and the right of the refugee to present her Social Security card and DL, instead of the EAD. The refugee was eventually allowed to present alternative documents and start working.
Washington Court House, OH
On December 2, 2015, OSC saved the job of a refugee who was terminated when his EAD expired. The refugee had his unrestricted Social Security card at the time of his termination, but was unaware he could produce the card for reverification purposes. The worker sought the assistance from a non-profit organization who called the employer and informed the employer that for reverification purposes, an employee may choose to produce a List A or List C document, including an unrestricted Social Security card. The employer’s HR manager informed the representative from the non-profit organization at the advice of its attorney that a List C document is not an acceptable document for employment eligibility reverification. The worker called OSC for assistance. After OSC contacted the employer’s general counsel, explained OSC’s jurisdiction, the reverification process, and acceptable List A and List C documents that can be produced, the company agreed that the employee could return to work. Shortly thereafter, the general counsel called OSC with its compliance officer who asserted that an employee who produced the Social Security card for reverification would also have to produce a List B document. OSC again informed the general counsel and its compliance officer that requesting the List B document with the List C document constitutes over‐documentation. OSC cited to the appropriate sections of the Employer Handbook issued by USCIS (M‐274), and the employer again agreed to reinstate the worker with the same seniority and benefits.
Tucson, AZ
On December 2, 2015, OSC saved the job of a refugee who had been told he would be fired if he could not produce his Social Security number (SSN). The refugee’s service provider had been to an OSC presentation and contacted OSC for assistance. OSC called the employer, a furniture maker, and learned that the employer thought he could not hire the worker because the employer uses E‐Verify and E‐Verify requires an SSN. The OSC attorney directed the employer to DHS guidance that directs employers to set aside the Forms I‐9 of workers who lack SSNs, permit them to work, and run them through E‐Verify once they receive their SSNs. The employer was happy that the skilled refugee was able to keep working, and the refugee advocate was pleased that the issue was resolved just a few hours after first alerting OSC of the problem.
Kansas City, KS
On December 14, 2015, OSC completed a successful telephone intervention to save the jobs of two refugees. The refugees had presented their Forms I‐94 upon hire for Form I‐9 purposes. However, the employer was not certain if it could accept the Form I‐94 alone and asked if the workers had any other Form I‐9 documents, which they did not have at the time. The workers contacted their caseworker, who in turn, called OSC. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that the Form I‐94 identifying the workers as refugees admitted permanently was an acceptable Form I‐9 receipt. The employer decided to allow the workers to begin employment immediately.
Raleigh, NC
On December 17, 2015, OSC saved the job of a refugee whose employer refused to accept DHS’s new printable electronic Form I‐94 as a List A or List C document for Form I‐9 purposes, unless the worker could also produce a List B identity document. OSC contacted the employer and explained that the new electronic Form I‐94 does not include an admission stamp, but rather, provides the class of admission as “RE” and an admit date as “D/S,” which is an acceptable receipt establishing both employment authorization and identity for 90 days. OSC explained that at the end of the 90 days, the worker must present an EAD or a combination of a List B identity document with an unrestricted Social Security card. As a result, of OSC’s call, the employer accepted the worker’s document and the worker remained employed.
Abilene, TX
On January 5, 2016 a refugee called OSC because her EAD expired on January 4th and she would not receive a new unexpired card for another several weeks. The refugee’s employer was requesting an unexpired work permit for reverification purposes. The refugee, however, possessed an unrestricted Social Security card, a document that can also be used to demonstrate continued employment authorization. After explaining to the employer that an unrestricted Social Security card can be used for employment reverification purposes, the employer indicated that it planned to accept the card and to allow the worker to continue working.
Denton, TX
On January 5, 2016, OSC saved the job of an asylee who was told she would be terminated upon the expiration of her EAD. OSC provided the employer with information about proper reverification procedures, and the employer immediately recognized that it had threatened termination in error. The employer informed OSC that it would not terminate the worker and would reverify the asylee’s From I‐9 with her unrestricted Social Security card.
Houston, TX
On January 6, 2016, OSC successfully completed a telephone intervention and saved the job of a refugee. The worker’s employer requested an unexpired EAD from the worker after the EAD on file had expired. The worker presented an unexpired driver’s license and an unrestricted Social Security card, but the employer insisted on obtaining an unexpired EAD. OSC contacted the HR manager to discuss proper reverification procedures and directed the HR manager to the USCIS Employers Handbook (M‐274), which states that reverification can be satisfied by presenting an unrestricted Social Security card. The worker was allowed to return to work immediately.
Atlanta, GA
On January 6, 2016, OSC saved the jobs of three refugees who had been working for three days but told they could not continue to work. One was fired because he had not yet received an SSN, while the other two were terminated because they lacked immigration documents. The refugees’ service provider had previously heard an OSC attorney's presentation at a conference and called her for assistance the same day the workers were fired. The attorney immediately called the employer and explained that all individuals have the option of presenting List B and C documents, such as state IDs and unrestricted Social Security cards, for the Form I‐9. The attorney also explained that employers can hire workers who are awaiting their SSNs. The employer was a small business enrolled in E‐Verify, and believed that it was required to verify an immigrant's information in Section 1 of the Form I‐9. The employer was pleased to learn of OSC's free, anonymous hotline as a resource for its staff, and to hear that it could retain the refugee workers. The refugee service provider was grateful that his clients did not lose any time off of work.
Richmond, VA
On January 12, 2016, OSC completed a successful telephone intervention to save the job of a Congolese refugee. The employer, a regional temporary placement agency, had re‐verified the refugee because her EAD was set to expire. When the refugee informed the employer’s HR representative that she did not have a new EAD because she had applied for her Permanent Resident Card, but showed the HR representative her unrestricted SS card, the HR representative rejected the document and demanded to see an unexpired EAD. When the worker could not produce a new EAD, the employer terminated her. The refugee, via an interpreter, contacted OSC and shared the circumstances of her termination. OSC first contacted the local office, and eventually spoke with the employer’s in‐house legal counsel. In‐house counsel stated that the HR representative should not have terminated the worker as it violated company policy, and the employer decided to reinstate the worker in her previous position, as well as provide her with $1,200 in back pay. The employer also assured OSC that the local HR representative would receive additional guidance to prevent any future similar incidents, and will request that the local office where the incident occurred enroll in one of the free employer webinars that OSC conducts.
Oklahoma City, OK
On January 15, 2016, OSC completed a successful telephone intervention to save the job of a refugee from Myanmar. The worker was hired by a local construction company. When he was completing his Form I‐9, the worker presented his expired EAD, driver’s license, and unrestricted Social Security card to the employer. The employer stated that she could not hire the worker because his EAD had expired. The worker contacted OSC, and OSC reached out to the employer to explain that the worker's valid driver’s license and his unrestricted Social Security card were sufficient for I‐9 purposes. OSC also informed the employer that the worker was not required to present a List A document, such as an EAD, in order to show that he was work‐authorized. The employer stated that she was unaware of these requirements, and expressed gratitude for the information. The worker was allowed to begin work without further incident.
Columbia, NC
On January 22, 2016, OSC successfully intervened and assisted a refugee worker to obtain employment. The worker had been hired by a staffing agency but was not permitted to complete the onboarding process after he presented an automated I‐94 during the completion of his Form I‐9. The employer refused to accept a printout of the worker’s electronic I‐94, stating that it was not valid for purposes of the employment eligibility verification process. An OSC staff member contacted the employer and provided her with materials from USCIS and Customs and Border Protection (“CBP”) explaining that CBP has, with limited exceptions, stopped issuing refugees and asylees paper I‐94s when they enter the United States. The OSC staff member further explained that automated I‐94s are acceptable for Form I‐9 purposes, and that an electronic I‐94 issued to a refugee should be treated as a List A receipt valid for 90 days. The employer immediately decided to allow the worker to complete the onboarding process and volunteered to train its onboarding staff on the use of automated I‐94s.
Nashville, TN
On February 18, 2016, OSC learned that it saved the job of a refugee. The worker had been hired at a large retail chain and was fired after she presented a valid EAD and Form I‐94. The worker was told during orientation that she could not work unless she possessed a “green card.” The worker contacted OSC. An OSC staffer contacted the employer’s counsel, who resolved the issue within a few days. As part of the resolution, the employer reinstated the worker and paid the worker $274.00 in back pay.
Fort Worth, TX
On February 22, 2016, a non‐profit organization advised OSC that a refugee, who OSC assisted by contacting the worker’s employer, was allowed to start work. On February 18, 2015, OSC received a call from the non‐profit, reporting that a refugee’s employer would not allow the refugee to start work because it was unable to run the worker’s information through E‐Verify without the worker’s Social Security number. While a Social Security number is required in order for an employer to run a new hire through E‐Verify, USCIS guidance advises that a worker who has not yet received a Social Security number should continue to work until the worker is able to provide the employer with the worker’s Social Security number to run the E‐Verify query. The refugee had satisfactory Form I‐9 documents showing he was work‐authorized. OSC called the employer and educated the employer representative about proper E‐Verify procedures in this instance, and provided the employer representative with the E‐Verify employer hotline number.
Los Angeles, CA
On March 3, 2016, OSC learned that two refugees were able to obtain their Social Security cards for the first time after waiting for several months for SSA to fix a typographical issue. A refugee service provider was present at an OSC training and asked an OSC attorney to help his client, whose wife and daughter were unable to obtain their Social Security cards despite several visits to SSA. The wife was suffering from cancer and her treatment had been delayed because of this issue. The OSC attorney contacted SSA headquarters and provided copies of the refugees’ travel documents. SSA fixed the error in their system within 24 hours, and the refugees were told that they would receive their Social Security cards within 10 days.
Salt Lake City, UT
On March 17, 2016, OSC learned that it saved the job of a refugee. The worker learned of OSC through her service provider, who had attended an OSC attorney’s presentation in 2015. The worker’s husband called OSC and explained that his wife’s EAD was set to expire and that her employer said she would be fired if she did not present a new EAD for Form I‐9, Section 3 reverification. The worker was not going to reapply for a new EAD and wanted instead to show her unrestricted Social Security card for reverification, as permitted by Form I‐9 rules. The attorney called the HR manager and explained the issue. The HR manager incorrectly believed that some non‐U.S. citizens were ineligible for unrestricted Social Security cards and was glad to learn about proper Form I‐9 rules. The HR manager also appreciated knowing about OSC’s free employer hotline, which he committed to using in the future.
San Bernardino, Ca
On March 28, 2016, a work‐authorized immigrant received a California identification card after an OSC intervention. The Salvadoran asylee had recently received an immigration judge’s order granting asylum and showed it to the state DMV as proof of her lawful status. The asylee’s attorney called OSC when the DMV office stated it believed it could not accept the order because it was a carbon copy and not certified. However, after an OSC attorney emailed a copy of the order and spoke with a DMV representative in the headquarters office to explain that a certified copy is not provided for this type of order, the DMV representative determined that the order would be acceptable to show lawful immigration status. OSC confirmed with the asylee’s attorney that DMV issued a state ID for this individual.
Washington, DC
On April 12, 2016, a hotline specialist saved the job of a refugee. The employer contacted OSC’s hotline to verify that a worker had provided accurate information about his refugee status. The OSC hotline specialist educated the employer on which documents are acceptable for Form I‐9 purposes. After reviewing the USCIS Employer Handbook with the hotline specialist, the employer learned that refugee and asylees may present other documents that are acceptable for Form I‐9 besides an EAD. The manager decided to accept the worker’s documents and allowed the worker to start employment.
Denver, CO
On April 14, 2016, an OSC attorney helped ensure that a worker could continue on the job following a reverification. An advocate called the OSC hotline on behalf of a refugee whose EAD was scheduled to expire and who was told that she could not be reverified with a Social Security card. OSC called the employer and a representative stated that he was concerned that the software program the employer uses for reverifying employees would not accept a List C document since the worker had originally presented a List A document for employment verification purposes. OSC informed the employer that any limitations on a software program did not relieve the employer’s obligations to accept a valid List A or List C document of the worker’s choice for reverification. The employer later confirmed that the worker was successfully reverified using the document she presented and that there would be no disruption to her work schedule.
Atlanta, GA
On April 14, 2016, an OSC attorney helped save a worker’s job. The worker called the OSC hotline when his employer refused to allow him to start because his EAD had a future expiration date. The worker is an asylum applicant with an EAD that expires in July. OSC called the employer to provide guidance that a valid I‐9 document should not be rejected because of a future expiration date. The employer’s general counsel confirmed that the worker’s EAD was accepted and that no additional documents concerning future work authorization would be requested. The employer’s general counsel also confirmed that the worker would be permitted to begin work once he completed other on‐boarding requirements unrelated to the I‐9 employment eligibility verification process, which is the typical process for newly hired employees.
Kansas City, KS
On April 19, 2016, OSC completed a successful telephone intervention to save the job of a refugee. The worker presented her expired EAD upon hire. The employer rejected the expired document and asked if the worker could present her I‐94 and passport because the worker had marked the box for “Alien Authorized to Work” in Section 1 of the Form I‐9, and the employer claimed this was needed since the employer is enrolled in E‐Verify. The worker called her refugee employment coordinator, who called OSC. OSC learned that the refugee had a valid driver’s license and an unrestricted Social Security card. OSC called the employer and educated the employer about acceptable documents for the Form I‐9 and also explained that an acceptable document from List B containing a photo could also be used to run the E‐Verify query. The employer allowed the worker to continue employment.
Philadelphia, PA
On April 25, 2016, an employer committed to re‐hiring and providing up to three weeks of back pay to a work‐authorized immigrant who had been suspended and denied rehire because his documentation was perceived to be expired. The worker, an Iraqi asylee, contacted OSC on April 14 after he was suspended when his employer told him that his Form I‐94 stamped “asylum granted indefinitely,” a List C document that shows permanent work authorization, was expired and/or illegible. The OSC staffer confirmed the worker’s understanding that the Form I‐94 was not expired, and that other documents he had provided to the employer, including his unrestricted Social Security card, were also acceptable to prove his employment eligibility. The OSC staffer reviewed a copy of the worker’s Form I‐94, which was legible, and contacted the employer’s counsel, who looked into the situation and confirmed the worker could return to work. When the worker did so, he was denied rehire because his state identification card, a List B document, had expired during the time he was suspended. The OSC staffer again contacted the employer’s counsel, who concluded that neither of the worker’s documents should have been re‐verified and indicated that the worker would be called back to work. The employer also decided to pay the worker up to $840 in back pay.
Albuquerque, NM
On April 27, 2016, OSC learned that it had successfully helped a refugee open a bank account at a large, national bank. A refugee service provider had attended a conference in 2015 at which an OSC attorney spoke. The service provider contacted the OSC attorney for assistance because one branch of a bank did not permit refugees to open accounts without Forms I‐94. The service provider stated that all of the other bank’s branches in the area did not have the Form I‐94 requirement. In the case at hand, the refugee had other documents, such as an EAD and an unrestricted Social Security card. The OSC attorney called the bank’s manager to request information, and the manager stated that she believed she was following bank rules by requiring a Form I‐94 for refugees. The OSC attorney then called the bank’s attorneys at headquarters to see if the bank did indeed have that policy. After OSC spoke to several attorneys to explain the situation, headquarters called the branch and clarified to the manager that a Form I‐94 is one option an individual can use to open an account, but it is not necessary for the process.
Temperanceville, VA
On May 19, 2016, OSC successfully intervened and saved the job of an asylee employed at a large poultry processing company. The worker was erroneously dismissed because her employer believed that her work authorization had expired. At initial hire the employee, an asylee from Haiti, provided a Form I‐94/Form I‐94A with a stamp indicating her asylee status as proof of her employment authorization for Form I‐9 purposes. Believing the stamp was only valid for one year, the employer fired her on the one‐year anniversary date of her hire after she was unable to provide any other document to establish her employment authorization. OSC immediately contacted the employer’s legal representative, explained what had occurred, and sent an electronic copy of the USCIS Handbook for Employers (M‐274). After reviewing the worker’s Form I‐9 and the M‐274, the employer decided to immediately reinstate the worker and pay her eight days of back pay for lost wages (approximately $850). The employer also noted that it planned to review its current and former employees’ personnel files to ensure that no other employees were similarly harmed.
Alexandria, VA
On May 24, 2016, an OSC staff member saved the job of an asylee. The asylee’s EAD had expired and the employer demanded that the worker provide a new EAD even though the worker had shown her valid driver’s license, unrestricted Social Security Card and her Form I‐94 evidencing her asylee status. The OSC staff member called the employer and explained Form I‐9 reverification requirements. As a result of the staff member’s conversation with the employer, the employer reinstated the worker without loss of benefits and gave her back pay for the days she lost work.
Salem, OR
On June 14, 2016, OSC completed a successful telephone intervention to save the job of an asylee. The asylee, a national of El Salvador, has yet to apply for her permanent residency. The employer, a placement agency, demanded that the worker produce a DHS‐issued List A document for employment eligibility verification purposes. The worker does not have a DHS‐issued List A document, but she produced a valid unexpired Oregon driver’s license and an unrestricted Social Security card. The employer rejected these documents. The worker called OSC’s hotline and requested our assistance. OSC contacted the employer, and explained that the law permits the worker to choose which document or documents to present for purposes of completing the Form I‐9. In this case, the worker could choose to present her unexpired driver’s license and unrestricted Social Security card. The employer decided to immediately process the worker’s paperwork, and promptly assigned her to a job.
Albany, NY
On June 15, 2016, an OSC staff member saved the job of a refugee who was improperly suspended during the employment eligibility reverification process. The worker had originally presented his EAD in 2015. When the EAD expired, the employer requested that the worker present either another EAD or a Permanent Resident Card, which the worker does not possess. The OSC staff member contacted the employer’s HR office and explained that the worker is in possession of an unrestricted Social Security card that he can produce for reverification purposes. The company informed the OSC staffer that the employee would also have to produce a List B identity document. The OSC staffer educated the employer about the reverification process, stating that a request for more or specific documents could constitute document abuse under the INA (and that a List B document is never reverified). The employer decided to accept the worker’s unrestricted Social Security card and pay the worker $258.00 in back pay for the three days he was suspended without pay.
Salt Lake City, UT
On June 27, 2016, OSC learned that it saved the job of a refugee who had initially been told he could not receive an airport badge. The worker had sufficient documentation to comply with the airport badging authority’s requirements, and with TSA requirements (which mirror Form I‐9 document requirements), but was incorrectly told by an airport badging official that a Form I‐94 with a refugee annotation was not acceptable without a foreign passport. A refugee service provider emailed an OSC attorney about the issue based on a colleague’s referral, and the OSC attorney called the airport badging office. OSC spoke to a manager who explained that some newer airport badging employees may not have understood that a Form I‐94 with a refugee annotation is a valid document even if it was not accompanied by a foreign passport, and that the manager would educate her employees about this rule. The refugee returned to the badging office and was processed without further delay.
Battle Creek, MI
On July 7, 2016, OSC successfully completed a telephone intervention allowing a refugee to start working at a staffing agency. The worker originally showed his unrestricted Social Security card, state identification card, and Form I‐94 for Form I‐9, but the company rejected all of these documents and told the worker he could not work until he showed an EAD. An OSC staff member contacted the company’s employment compliance manager and the company immediately resolved the issue with no lost wages. The company plans to train its Battle Creek office about proper Form I‐9 and E‐Verify procedures.
Denver, CO
On July 18, 2016, OSC learned that it had saved the job of a refugee who had been told that he would be fired if he did not present an EAD for Form I‐9 Section 3 reverification. The worker wished to show a large, multi‐national employer his unrestricted Social Security card (as permitted under Form I‐9 rules) but was told the company's policy did not permit it since he presented a List A document upon hire. The refugee's service provider contacted OSC after having seen an OSC attorney speak at a conference. The OSC attorney contacted the employer and explained proper Form I‐9 reverification rules. The worker was allowed to present his Social Security card without further issues.
Minneapolis, MN
On July 20, 2016, OSC saved the job of a refugee who was told she would be terminated upon the expiration of her EAD. OSC provided the employer with information about proper reverification procedures, and the employer immediately recognized that it had threatened termination in error. The employer informed OSC that it would not terminate the employee and would reverify the refugee’s From I‐9 with her unrestricted Social Security card.
Tampa, FL
On July 27, 2016, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD. The worker contacted his caseworker, who in turn, called OSC hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue his job without interruption.
Nashville, TN
On July 29, 2016, OSC learned it had assisted a refugee in keeping his job at a local airport. The worker was initially unable to get an airport badge which was necessary to reach his job location, because the airport did not accept the documentation the refugee showed, even though the worker’s documents met the written requirements. OSC contacted the badging office and explained the documentation that the worker was presenting. The airport in turn contacted its local TSA contacts and soon thereafter the worker was able to obtain his badge.
Springfield, VA
On August 4, 2016, an OSC staff member successfully saved an asylee’s job and avoided any interruption to her work as a substitute teacher. The asylee called the OSC hotline requesting assistance because her employer had told her that the document she intended to provide for reverification purposes, an I‐94 form with an asylum stamp, would not suffice. After OSC provided guidance to the employer concerning proper reverification procedures, including that the I‐94 with asylum stamp constitutes a valid List C document, the employer confirmed that the worker would be allowed to go through the reverification process with her choice of document, and the asylee later confirmed she was successfully reverified without any issues.
St. Paul, NJ
On August 22, 2016, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD expired, the employer requested to see an unexpired EAD, but the worker had not applied for a replacement, instead the worker provided an unrestricted Social Security card. The employer did not accept the Social Security card and asked the worker to provide a new EAD. The worker contacted her caseworker, who in turn, called OSC’s hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue to work without delay.
Houston, TX
On August 22, 2016, OSC completed a successful telephone intervention to save the job of a refugee. The refugee presented his driver’s license and unrestricted Social Security card upon hiring; however, the employer requested to see his EAD. The refugee’s EAD had expired; consequently the employer requested him to provide an unexpired EAD. The worker contacted OSC’s worker hotline; OSC in turn called employer and educated the employer on acceptable documents for Form I‐9, explaining that a combination of an unexpired List B document along with a List C document is sufficient to establish identification and work authorization. The employer accepted OSC’s explanation and the documentation from the worker and allowed the worker to start the job immediately.
Montgomery County, MD
On September 2, 2016, a hotline specialist saved the job of a refugee. The employer contacted OSC’s hotline to verify that a worker had provided accurate information about his refugee status. The OSC hotline specialist educated the employer on which documents are acceptable for Form I‐9 purposes. After reviewing the USCIS Employer Handbook with the hotline specialist, the employer learned that refugees and asylees may present other documents that are acceptable for Form I‐9 besides an EAD. The manager decided to accept the worker’s documents and allowed the worker to continue in employment.
Los Angeles, CA
On September 12, 2016, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD. The worker contacted his caseworker, who in turn, called OSC’s hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9 reverification, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue his job without interruption.
Kansas City, KS
On September 20, 2016, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD. The worker contacted his caseworker, who in turn, called OSC hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue in his job without interruption.
Fiscal Year 2015
Tewksbury, MA
On October 1, 2014, an HR representative called OSC because she was uncertain whether she could accept a Form I-94 indicating that a worker is an asylee, as proof of continued work authorization. The OSC attorney explained that this document is an acceptable List C document for Form I-9 purposes. The HR representative indicated that she plannd to accept the Form I-94 and to allow the worker to work.
Euless, TX
On October 7, 2014, an OSC attorney saved the job of an asylee. The asylee's employer, at first, would not accept the worker's temporary state-issued identification card. The worker also possessed an unrestricted Social Security card but the employer thought the asylee needed to provide a Form I-9 document demonstrating asylum status. After the OSC attorney explained proper Form I-9 procedures to the employer, the employer decided to accept the identification card.
Scranton, PA
On November 17, 2014, OSC completed a successful telephone intervention to save the job of a refugee. The worker had presented an EAD upon hire. When the worker's EAD was about to expire, the employer requested to see an unexpired EAD. The worker, who attempted to present an unrestricted social security card for reverification, contacted his caseworker, who in turn, called OSC's hotline. OSC called the employer and provided guidance on acceptable documents for Form I-9, explaining that a List C document, like an unrestricted Social Security card, is sufficient for reverification. The employer agreed to allow the worker to continue his job without interruption.
Phoenix, AZ
On November 25, 2014, OSC completed a successful telephone intervention to save the job of an asylee. The worker presented an unexpired EAD for initial employment eligibility verification. However, upon reverification, the worker presented his unrestricted Social Security card along with an unexpired driver's license. When the employer insisted on obtaining a new EAD from worker, the worker contacted OSC's hotline. OSC called the HR representative and explained proper reverification procedures. The employer decided to allow the worker to continue with his employment.
Sterling Heights, MI
On December 2, 2014, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD or a Permanent Resident Card in addition to the employee’s social security card. The worker contacted his caseworker, who in turn, called OSC hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue his job without interruption.
Dallas, TX
On December 10, 2014, OSC successfully completed a telephone intervention allowing three refugees to be reinstated with back pay after a major retailer impermissibly fired them. The refugees alleged that they presented the retailer with three types of documents when they were hired – Employment Authorization Documents (EADs), driver’s licenses, and unrestricted Social Security cards – more documents than necessary for the Form I‐9. When their EADs expired, the retailer allegedly requested that they produce new EADs and fired them when they did not. Under Form I‐9 rules, if an employee presents valid and unexpired List B and C documents at the time of hire, such as a driver’s license and unrestricted Social Security card, the employer should not ask the worker for additional documents even if his/her List A document expires after hire. After an OSC staffer contacted the retailer’s counsel and explained Form I‐9 rules, the company reinstated the employees immediately and provided them with a total of approximately $2,000 in back pay.
Annapolis, MD
On February 18, 2015, OSC completed a successful telephone intervention to save the job of an asylee. The worker began employment by presenting an unexpired EAD for Form I‐9 purposes. Upon reverification when the EAD expired, the worker presented her Form I‐94 bearing a stamp indicating she has asylum indefinitely. However the employer insisted on obtaining a new EAD from the worker. The worker contacted OSC’s hotline. OSC called the HR representative and educated the representative about the reverification process. The HR representative decided to allow the worker to continue with her employment.
Miami, FL
On February 18, 2015, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD for Form I‐9 purposes upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD or a Permanent Resident Card. The worker contacted his caseworker, who in turn, called OSC hotline because the worker wanted to present a social security card. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue working without interruption.
Hillsboro, OR
On February 25, 2015, OSC completed a successful intervention on behalf of an asylee. The worker had accepted a job offer from his employer, and presented a valid EAD for Form I‐9 purposes. The worker’s employer told him that because of his country of birth, he would need to provide a Permanent Resident Card. OSC immediately contacted the employer and explained that employers should not request more or different documents from employees than are required for employment eligibility verification purposes. The employer understood and decided to allow the worker to resume work immediately. The employer told OSC that the request for a specific document occurred based on a misunderstanding with a new HR staff member. The employer told OSC it would ensure that its new HR staff receives adequate training on Form I‐9 procedures in the future.
Washington, DC
On March 6, 2015, OSC completed a successful intervention on behalf of an asylee. The worker presented an EAD upon initial hire by her employer. When the worker’s EAD expired, her employer told her she needed to provide an asylum approval letter in order to continue working. The asylee offered her unexpired Social Security card to the employer, but the employer refused to accept it. The asylee called OSC, and OSC immediately contacted the employer. OSC explained that employees have the right to choose which documents to present for reverification purposes, and that employers should not dictate which documents employees need to show. The employer decided to accept the employee’s Social Security card and to allow her to continue working. The employer also decided to register for an upcoming OSC employer webinar.
Spokane, WA
On March 9, 2015, OSC received word that a refugee who had been impermissibly terminated from his job at a fast food restaurant returned to work and received $941 in back pay. The employer told the worker that he could not work after his EAD expired, even though his service provider from a local non‐profit organization had contacted the company to explain that an unrestricted Social Security card was valid to show work authorization. The worker received OSC’s information from the service provider and contacted OSC to explain the situation. An OSC attorney called the company’s corporate HR and explained proper Form I‐9 procedures. The employer returned the worker to his job within two days of OSC’s call, and paid the worker back pay for the three weeks that he had missed.
Littleton, CO
On March 11, 2015, OSC saved the job of a refugee who had been told he was not permitted to write “N/A” in the employment authorization expiration date field in Section 1 of the Form I‐9, adjacent to the Alien Authorized to Work attestation box. An employment coordinator called OSC to help resolve the issue. OSC called the employer, explained the circumstances under which individuals are permitted to write “N/A” in the expiration date, and directed the employer to OSC and USCIS resources. The employer immediately directed the worker to continue the hiring process so that he would not lose any time off of work.
Columbus, OH
On March 23, 2015, OSC completed a successful telephone intervention to save the job of a refugee. The worker had presented an EAD for Form I‐9 purposes. When the EAD was about to expire, the employer requested to see an unexpired EAD. The worker contacted his caseworker, who in turn called OSC hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9 reverification, explaining that a List C document, like an unrestricted Social Security card is sufficient for reverification purposes. The employer decided to allow the worker to continue his job.
Oklahoma City, OK
On March 24, 2015, OSC completed a successful telephone intervention to save the job of a refugee. The worker had presented an EAD upon hire for I‐9 purposes. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD or a Permanent Resident Card. The worker contacted his caseworker, who in turn, called OSC hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification purposes. The employer decided to allow the worker to show a Social Security card and continue working.
Athens, GA
On April 2, 2015, OSC saved the job of a refugee. The worker had been fired from her job because she had not yet received her Social Security number (“SSN”) and her employer wanted to run the worker through E‐Verify but was unable to do so without the SSN. The refugee’s service provider had attended an OSC webinar and contacted OSC for assistance. OSC immediately called the employer and explained that E‐Verify instructs employers to wait on running E‐Verify queries in this situation until after the worker receives the SSN, even if it takes several weeks or months, and must allow the worker to continue working as long as the worker can otherwise satisfy the Form I‐9 documentation requirements. The employer was grateful for the information and called the worker back to work.
Tucson, AZ
On April 7, 2015, OSC completed a successful telephone intervention to save the job of two refugees. Upon hire, the workers had presented their Forms I‐94 with a stamp indicating indefinite work authorization. However, the employer insisted on obtaining a Social Security card as well. The workers had not yet received their Social Security cards, so they called an advocate, who in turn called OSC. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document was not necessary in this case. The OSC staff member also educated the employer about the reverification process in these circumstances. The employer accepted the documentation from the workers and allowed the workers to resume their jobs.
Tucson, AZ
On April 15, 2015, OSC completed a successful telephone intervention to save the job of two refugees. The workers had presented their Forms I‐94 stamped with indefinite refugee status. However, the employer insisted on obtaining EADs from the workers, which they did not yet have. The workers contacted their caseworker, who in turn, called OSC’s hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that the workers’ Form I‐94 stamped with refugee status was an acceptable List A receipt, valid for 90 days. The employer decided to allow the workers to continue with their hiring process and to begin their jobs.
Phoenix, AZ
On April 22, 2015, OSC saved the job of a refugee who was initially denied employment because he lacked a DHS‐issued document. The worker had applied for a job at a staffing agency but was told he could not work unless he produced an immigration document. The worker contacted his social services advocate at a refugee organization, and the advocate immediately called OSC based on having attended an OSC webinar several months before. Within minutes of speaking with the advocate, OSC called the employer and explained that all workers, including aliens authorized to work (“AAWs”), are permitted to show List B and List C documentation. The employer had not realized that AAWs may have other types of documentation, and stated she would continue the hiring process without further delay.
Baltimore, MD
On May 4, 2015, an OSC attorney helped a refugee who faced a delay in employment because the refugee lacked a Social Security number (SSN). A refugee service provider, who had attended a previous OSC webinar, called the OSC attorney and explained that the employer was hesitant to allow the refugee to start working until she received her SSN, even though the refugee had provided sufficient documentation for the Form I‐9. The attorney called the employer and sent the employer guidance from IRS publication 15, which explains how to enter a worker who lacks an SSN into a payroll system. The employer was pleased that the company did not have to wait to onboard the worker.
Renton, WA
On May 12, 2015, OSC completed a successful telephone intervention to save the job of a refugee from Ethiopia. The employer, a national retail chain, had suspended the worker because his EAD had expired, despite the fact that the worker presented an unrestricted Social Security card and a Washington State driver’s license to the employer’s HR representative. OSC contacted the employer to explain that the worker should be allowed to present documents of his choice for Form I‐9 purposes. The employer accepted the presented documents, immediately re‐hired the worker, and agreed to provide $468.00 in back pay for the days that he missed from work.
Cambridge, MN
On May 14, 2015, an OSC attorney received a telephone call from a refugee job applicant while he was at a staffing agency applying for work. The job applicant stated that the staffing agency would not accept his Form I‐94 for employment eligibility verification for the Form I‐9. The OSC attorney spoke with the staffing agency and explained that a Form I‐94 is an acceptable document for the Form I‐9.
Northville, MI
On May 21, 2015, an OSC attorney completed a successful intervention on behalf of a French‐speaking asylee. During the hiring process, the worker had provided a valid EAD with an expiration date of May 9, 2015, a valid driver’s license and an unrestricted Social Security card for Form I‐9 purposes. As the expiration date of the EAD approached, the employer reminded the worker that he needed to provide a new EAD by May 9, 2015, and was advised by USCIS to obtain a new unexpired EAD as well. On May 8, 2015, the worker was suspended without pay and asked to provide the employer with a new EAD. The worker contacted OSC’s hotline and with language line assistance and explained that he had also provided an unrestricted Social Security card. OSC immediately contacted the employer and explained that a valid driver’s license and unrestricted Social Security card, List B and C documents, are sufficient for I‐9 purposes at the time of hire. OSC cautioned the employer against requesting more or different documents from employees than are required for employment eligibility verification purposes. The employer reinstated the worker and unilaterally decided to provide back pay in the amount of $900 for the days the worker was suspended. The employer also stated that it would have staff attend an OSC employer webinar and contact OSC’s employer hotline with any future questions about the employment eligibility verification process. OSC will also send the employer, via email, a copy of the USCIS Handbook for Employers (M‐274).
Minneapolis, MN
On June 15, 2015, OSC completed a successful telephone intervention to save the job of a refugee. The refugee presented an EAD upon hiring and when the Refugee’s EAD was about to expire, the employer requested to see an unexpired EAD. The worker contacted his caseworker, who in turn, called the OSC hotline. OSC in turn called employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, like an unrestricted Social Security card, is sufficient for reverification. The employer decided to accept the worker’s choice of Form I‐9 documentation and allow the worker to continue his job without interruption.
Portland, OR
On June 17, OSC completed a successful intervention on behalf of an asylum applicant. The worker had begun working for a large construction company and presented a valid EAD for Form I‐9 purposes. The employer ran the worker through E‐Verify and properly notified the worker of the receipt of a DHS TNC, and the worker contested the DHS‐TNC. The employer provided the worker with the referral letter and instructed the worker to contact DHS within eight days. The worker failed to contact DHS in a timely fashion and was terminated after the employer received an FNC. The employer advised the worker to contact E‐Verify for assistance. The worker called E‐Verify and was instructed to call OSC. OSC called E‐Verify’s Case Resolution Unit with the worker and assisted the worker in resolving the FNC. After E‐Verify Case Resolution Unit reviewed the documentation, it immediately contacted the employer and faxed an employment authorized result to the employer. The worker was offered back his job and is scheduled to return to work on June 18, 2015. The employer was very cooperative during the process and was thrilled to reinstate the worker.
Phoenix, AZ
On June 29, 2015, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD expired, the employer requested to see an unexpired EAD, but the worker had not applied for a replacement and instead provided an unrestricted Social Security card. The employer rejected the Social Security card and told the worker she could not return to the job until she presented a new EAD. The worker contacted her caseworker, who in turn, called OSC’s hotline. OSC called the employer and provided guidance on acceptable documents for Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to return to work and paid $2,368.00 in back pay.
Baltimore, MD
On July 22, 2015, OSC saved the job of an asylee who had been denied employment because she did not have a Social Security number, even though she had sufficient documentation for the Form I‐9. An OSC attorney called the employer and after speaking with several company representatives, was able to secure the asylee’s employment. The employer’s Vice President was ultimately very upset that its staff had incorrectly denied the asylee a job, but was pleased that OSC’s resources were available, so it committed to having its HR personnel participate in an OSC employer webinar and keep OSC’s number on the top of the HR personnel resource list.
Houston, TX
On July 30, 2015, OSC assisted a refugee in starting a new job. A resettlement agency contacted OSC because the refugee’s employer did not initially accept the refugee’s I‐94 as a valid I‐9 receipt andwas requesting additional documentation. OSC spoke to the employer and explained that the I‐94 was a receipt and valid for 90 days. The employer agreed to accept the document and allow the worker to start with no delay.
Salt Lake City, UT
On July 31, 2015, an OSC attorney saved the job of a work‐authorized refugee from Burma. The employee called OSC because a temporary staffing agency would not accept his I‐94, which is an acceptable receipt. The OSC attorney explained the “receipt rule” that allows a worker to present a receipt for I‐9 purposes, and informed the employer that it should accept the receipt if it appeared valid. The employer decided to accept the receipt for 90 day as proof of work authorization.
Dallas, TX
On August 10, 2015, OSC successfully completed a telephone intervention allowing two refugees to be reinstated after a major retailer suspended them when their EADs expired. The refugees allege they presented the retailer with three type of documents when they were hired – EADs, driver’s licenses, and unrestricted Social Security cards – more documents than necessary for the Form I‐9. When their EADs expired, the retailer allegedly refused to accept their unrestricted Social Security cards and requested them to produce new EADs. An OSC staffer contacted the retailer’s counsel and the company reinstated the employees immediately.
Charlotte, NC
On August 11, 2015, OSC learned that it saved the job of a refugee. The refugee had been hired at a restaurant but was told he could not start until he received his Social Security number because of the company’s third party payroll vendor. The refugee’s service provider called OSC after having seen an OSC webinar, and OSC called the employer to explain that if an individual completes the Form I‐9, the individual should begin working regardless of whether he has received a Social Security number. The employer stated that its payroll company had claimed that because the employer used E‐Verify, it was required to obtain a number. The OSC attorney sent the company E‐Verify and SSA guidance showing that a Social Security number is not required upon hire, and that the worker can work until he receives a number. The employer was pleased to be able to start the worker without further delay.
Orlando, FL
On September 21, 2015, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the worker’s EAD was about to expire, the employer requested to see an unexpired EAD or a Permanent Resident Card. The worker contacted his caseworker, who in turn, called OSC’s hotline because the worker wanted to present an unrestricted Social Security card. OSC called the employer and provided guidance on acceptable documents for the Form I‐9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer decided to allow the worker to continue working.
Fiscal Year 2014
Houston, TX
On November 15, 2013, OSC intervened to save the job of an asylee. Upon initial hire when completing the Form I-9, the worker presented a driver's license and Form I-94 evidencing her asylee status and stating "asylum granted indefinitely." Her employer informed her that she needed to show a document with an expiration date or a green card, and terminated her when she could not provide this. OSC made immediate contact with the employer and, referencing the M-274, explained that the Form I-94 indicating indefinite asylee status is a valid List C document that does not expire. OSC further informed the employer that certain individuals have employment authorization that does not expire and should not be penalized for not providing an expiration date on the Form I-9. OSC stated that employers should not demand or specify certain documents that workers must provide during the employment eligibility verification process. The employer decided to immediately reinstate the worker.
Elkridge, MD
On November 26, 2013, OSC staff completed an intervention on behalf of a refugee resulting in the worker's receipt of full back-pay for at least six days of missed work. The refugee was hired during the week of November 18 at the Maryland facility of a large electronics and computer recycling facility. When the worker attempted to complete the Form I-9's Section 1, using the company's I-9 software, his documents were rejected, and he was unable to complete the process. HR employees attempted to bypass the problem, and eventually enlisted the help of a corporate HR manager. The worker called OSC and explained the situation. During the course of several days, OSC staff worked with the HR manager to educate the manager about the Form I-9 process. On November 26, 2013, the HR Manager called OSC staff to advise them that the worker had been reinstated with full back pay after the HR staff resolved the issues with the I-9 software.
Scarborough, ME
On December 30, 2013, OSC successfully assisted two African refugees whose employment was wrongfully terminated by a national retail store. The two refugees had initially provided foreign passports with I-94 stamps, which serve as acceptable List A documents for I-9 purposes. During reverification, the employer required that both workers show an unexpired Employment Authorization Card. They did not have that document, but both possessed an unrestricted Social Security card. The workers were not allowed to show a different document, and were terminated on Friday December 27, 2013. OSC called the employer and explained the proper reverification process for refugees. The store manager realized the mistake and contacted corporate HR. Corporate HR immediately reinstated the two individuals with full back-pay for the four shifts they missed.
Iowa City, IA
On January 9, 2014, OSC completed a successful telephone intervention to save the job of a refugee. The worker had presented her EAD upon hire. When the worker's EAD expired, the employer requested that she provide an unexpired EAD. The worker contacted OSC's hotline. OSC in turn called the employer and provided guidance on acceptable documents for Form I-9, explaining that a List C document, like an unrestricted Social Security card, is sufficient for reverification. The employer accepted the documentation from the worker and allowed the worker to resume her job.
Alexandria, VA
On January 14, 2014, OSC completed a successful telephone intervention to save the job of an asylee. The worker presented her unexpired EAD upon hire; however, at the time of reverification, the worker had not received her new EAD. The employer insisted on obtaining a new EAD from the worker. The worker contacted OSC's hotline. OSC called the employer and educated the employer on the reverification process, explaining that the worker was not limited to presenting an unexpired EAD for reverification but could choose to present any List A or List C document. Consequently, the worker presented her unrestricted Social Security card for reverification. The employer decided to allow the worker to continue her employment without interruption.
Las Vegas, NV
On February 11, 2014, OSC assisted an asylee in having her airport badge restored, thereby allowing her to return to her job. The worker's employer is in an airport and in November 2013 her badge was suddenly revoked, preventing her from continuing to work. Eventually, USCIS referred the worker to OSC, and an OSC staff member reached out to the airport badging office and subsequently to the Transportation Security Administration (TSA). TSA was able to confirm the worker's continued asylum status and she was immediately issued a new badge allowing her to return to work.
Washington, DC
On February 26, 2014, OSC saved the job of an asylee, who was told that he would not be able to continue his employment at a store in Regan National Airport after March 1, 2014. The asylee originally presented an EAD for initial employment eligibility verification to his employer and to the badging office for badging purposes. The worker was told by his employer that upon the EAD's expiration he would need to present another immigration document. The worker was in the process of applying for his permanent residency and did not have another EAD or permanent resident card to present when his EAD expired. An OSC attorney called the badging office and the airport attorney, both of whom claimed that the Transportation Security Administration uses Form I-9 requirements for badging purposes and that a new immigration document must be presented after the one originally presented expires. The OSC attorney educated both parties on the significance of an unrestricted Social Security card and the fact that non-U.S. citizens can also obtain permanent work authorization. The badgeing office agreed to reissue the asylee's badge, thereby preventing him from missing work.
Pittsburgh, PA
On April 17, 2014, OSC successfully completed a telephone intervention, saving the job of a refugee. The employer refused to accept the employee's Form I-94 as proof of work authorization for ninety days. The employer told the employee he would not be able to work until he received an EAD from USCIS. The worker contacted OSC's hotline for assistance. OSC contacted the employer and explained why a Form I-94 with a refugee stamp should be accepted as a valid Form I-9 receipt for ninety days and referenced the appropriate section of the USCIS Employer Handbook (M-274). OSC further advised the employer that all new hires must be treated the same and should have the opportunity to present any acceptable combination of documents for I-9 purposes as well as acceptable receipts. The employer agreed to allow the refugee to begin work.
Baltimore, MD
On April 21, 2014, OSC completed a successful telephone intervention on behalf of a worker. The worker, a refugee, presented an EAD for Form I-9 purposes upon hire. According to the worker, approximately two weeks before the worker's EAD was set to expire, his employer told him that he was suspended until he could produce a new card. The worker had an unrestricted Social Security card, but did not have a new EAD. When the worker contacted OSC, he had not been to work in three days. OSC contacted the employer and explained that the worker has the right to choose which document(s) to present showing continued employment eligibility, and that the worker has until the date of expiration of his EAD to show such document(s). The employer contacted the worker, put him back to work, and gave him back pay for the days he was not working.
Alexandria, VA
On April 22, 2014, OSC completed a hotline intervention assisting an asylee in starting a new job for a security firm. The employer had incorrectly entered his Form I-94 as a List A document in E-Verify, although the asylee had provided the employer with his Social Security card and driver's license. The employer told the worker he could not be hired because the employer did not provide sponsorships, when it was unable to confirm his work authorization through E-Verify. OSC explained that the Form I-94 presented in this situation was a List C document, that the asylee was not asking for sponsorship, that E-Verify is to be used for employment eligibility purposes only, and that the process of running a worker through E-Verify should not delay a start date. The company decided to return the worker to his job.
Georgetown, DE
On April 23, 2014, OSC successfully completed a telephone intervention involving an asylee who was being constantly threatened with termination by her immediate supervisor if she did not produce documents. The worker had produced an EAD at the time of hire in 2012, and the document has an expiration date of June, 2014. OSC contacted the HR department supervisor of the company, who claimed she knew nothing about the threats of termination and indicated that the company's policy does not include threatening employees. The supervisor stated that she would contact the worker directly and privately discuss any reverification issues with the worker. OSC directed the HR supervisor to the USCIS Handbook for Employers which explains which documents are acceptable for reverification purposes. The HR supervisor stated that the worker's reverification would be handled consistent with the Handbook for Employers and that she would counsel the worker's supervisor against threatening or speaking to any worker directly about employment eligibility verification issues.
Baltimore, MD
On May 16, 2014, an OSC attorney saved the job of a refugee working at a large hotel chain. The asylee called OSC for assistance after he was told that he would be fired if he did not present a new EAD even though he had already provided an unrestricted Social Security card. The OSC attorney called the employer and explained that the individual did not have to present a new EAD and that the unrestricted Social Security card was sufficient proof for I-9 reverification purposes, regardless of a worker's citizenship status. The OSC attorney also informed the employer of OSC's hotline. The employer was grateful for the assistance and stated that she will call the hotline should she have future questions.
Grand Rapids, MI
On June 24, 2014, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD upon hire. When the refugee's EAD had expired, the employer requested to see an unexpired EAD. The worker contacted OSC hotline. OSC in turn called the employer and provided guidance on acceptable documents for Form I-9 reverification, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification. The employer accepted a List C document from the worker and allowed the worker to resume his job.
St. Paul, MN
On July 1, 2014, OSC completed a successful telephone intervention to save the job of a refugee. The refugee had presented an EAD at the time of hire. When the refugee's EAD was about to expire, the employer requested to see an unexpired EAD. The worker contacted his caseworker, who called OSC's hotline. OSC called the employer and provided guidance on acceptable documents for Form I-9, explaining that a List C document, such as an unrestricted Social Security card, is sufficient for reverification purposes. The employer accepted the documentation from the worker and allowed the worker to continue in his job without interruption.
Sterling, VA
On July 3, 2014, OSC intervened to secure the job of an asylee from Cameroon. The employer was confused about whether an asylee was eligible to work, because she presented an I-94 which was expired, a driver's license, and an unrestricted Social Security card. The worker called OSC to inquire if she needed to renew her I-94 card for employment. OSC contacted the employer and explained that the valid List B document (driver's license) combined with the valid List C document (unrestricted Social Security card) were sufficient for Form I-9 purposes. OSC referred the employer to the USCIS Handbook for Employers and advised that OSC's hotline is also available to employers.
Silver Spring, MD
On July 25, 2014, OSC saved the job of an asylee. The worker had presented her EAD upon hire, and it was set to expire in August 2014. The worker produced her unrestricted Social Security card for reverification, but the employer rejected the document, claiming that the worker needed to produce an unexpired EAD for reverification. The OSC attorney called the employer and explained proper reverification rules, and introduced the employer to the USCIS Handbook for Employers (M-274), which also provides helpful guidance. The employer indicated that it would accept the Social Security card for reverification and would not ask the asylee for any further documentation.
Fort Wayne, IN
On August 11, 2014, OSC intervened to secure the job of an asylee from Chad. The caller received a TNC from E-Verify even though he presented a driver's license, and an unrestricted Social Security card. The worker called OSC for guidance. OSC contacted the employer and realized that the asylee had checked off the wrong box in Section 1 of the Form I-9 by indicating that he was a lawful permanent resident when he should have checked that he is an alien authorized to work without an expiration date. Accordingly, E-Verify generated a TNC. After explaining OSC's analysis to the employer, the employee corrected the Form I-9, and his employment eligibility was confirmed by E-Verify.
Fiscal Year 2013
Atlanta, GA
On October 2, 2012, OSC completed a successful telephone intervention and saved the job of an asylee. The asylee began employment by presenting an unexpired EAD; upon reverification, the worker presented his I-94, stamped with indefinite asylum status, along with an unexpired driver's license. However, the employer insisted on obtaining a new EAD from the worker. The worker contacted OSC's hotline. OSC called the employer's HR representative and educated the representative about proper reverification procedures, and explained that an employer cannot specify which document(s) a worker may present for reverification purposes. The worker was reinstated immediately.
Boston, MA
On November 8, 2012, OSC successfully completed a telephone intervention and saved the job of an asylee. The worker's employer requested an unexpired EAD from him for I-9 purposes, even though the worker presented an unexpired driver's license and an unrestricted Social Security card along with his expired EAD. OSC contacted the HR manager to discuss acceptable documents for I-9 purposes and the work authorization rights of asylees. The HR representative accepted the explanation and allowed the worker to begin employment.
Newark, DE
On November 9, 2012, OSC saved the job of an asylee worker. The employer, a national retail chain, demanded that the worker present her Permanent Resident Card, in addition to her driver's license and unrestricted Social Security card that she had already provided in order to complete her Form I-9. OSC contacted the employer's legal counsel, who agreed that the worker should not have been required to provide her Permanent Resident Card because she had already provided her driver's license and unrestricted Social Security card for I-9 purposes. The employer was grateful for OSC's guidance, and allowed the employee to work.
Oakland, IA
On November 27, 2012, OSC completed a hotline intervention assisting a refugee to get back to work after his I-94 expired. The worker was let go in October 2012, when he did not provide a new I-94 or a List C document in the employment eligibility re-verification process. OSC explained to the worker that he could have shown his unrestricted Social Security Card, however he did not. OSC contacted the employer which allowed the worker to show his valid work authorization. The employee presented a new I-94 and the company brought back the worker and completed the Form I-9 process and E-Verify process, so the worker could return to work.
Orlando, FL
On November 29, 2012, OSC completed a successful telephone intervention to save the job of an asylee. The asylee presented his unexpired EAD upon hire; upon expiration, for reverification purposes, the asylee presented his I-94 along with an unexpired driver's license. However, the employer insisted on obtaining a new EAD from the worker. The worker contacted OSC's hotline. OSC called the HR representative to educate the employer on proper reverification procedures. The HR representative accepted the explanation and the worker was allowed to remain on the job uninterrupted.
Baltimore, MD
On December 7, 2012, OSC completed a successful telephone intervention and saved the job of a refugee by assisting him in obtaining a required license. The refugee had attempted to obtain his professional driver's license to begin working as a cab driver; however, the state agency insisted on seeing a Permanent Resident Card or an Employment Authorization Card. The refugee called OSC. OSC contacted the agency and explained that the refugee's Form I-94 was sufficient to establish his work authorization. The agency accepted the explanation and granted the professional driver's license to the refugee, allowing him to work in his occupation.
Columbia, MD
On December 27, 2012 OSC completed a successful telephone intervention to save the job of an asylee. The asylee presented his unexpired Employment Authorization Card upon hiring; however, during reverification, the asylee presented his I-94 stamped with unexpired work authorization, along with an unexpired driver's license. The employer improperly insisted on obtaining a new EAD from worker. The worker contacted OSC's hotline. OSC called the company's HR representative and educated the company on the reverification process. The HR representative accepted the explanation and the worker was allowed to remain on the job uninterrupted.
San Jose, CA
On February 12, 2013, OSC completed a successful telephone intervention to save the job of a refugee. The refugee was offered a job but in the process of filling out Section 1 of the Form I-9, he did not know how to complete the field calling for an expiration date of his status. The employer told the worker that he must have an expiration date. The refugee called OSC, and OSC contacted the employer to explain that refugees and asylees are authorized to work incident to their immigration status. Based on the I-9 rules and referring to the M-274 Handbook for Employers, OSC advised that a refugee or asylee should write "N/A" on the line calling for an expiration date. The employer stated that worker will be allowed to begin work immediately.
Miami, FL
On March 5, 2013, OSC completed a successful telephone intervention, saving the job of an asylee. The asylee presented his unexpired EAD for Iâ9 purposes when he was first hired; subsequently, during reverification, the asylee presented his I-94 along with and an unexpired driver's license. However, the employer insisted on obtaining a new EAD from the worker. The worker contacted OSC's hotline. OSC called the employer and educated the employer on the reverification process. The employer accepted the explanation and the worker was allowed to remain on the job uninterrupted.
Millsboro, DE
On March 8, 2013, OSC completed a successful telephone intervention to save the job of an asylee. The asylee presented his unexpired EAD upon hire; however, it expired a month later and during reverification, the employer insisted on obtaining a new EAD from the worker. The worker contacted OSC's hotline. OSC called the employer and explained proper reverification procedures, including that for reverification a worker can present any List A or List C document of his or her choice. Consequently, the asylee was allowed to present his I-94. The employer accepted the documentation from the worker and allowed the worker to remain on the job uninterrupted.
Atlanta, GA
On April 29, 2013, OSC completed a successful telephone intervention to save the job of a refugee. The worker presented his driver's license and unrestricted Social Security card upon hire; however, the employer requested to see his EAD. Because the worker's EAD had expired, the employer requested that he provide an unexpired EAD. The worker contacted OSC's hotline; OSC in turn called employer and educated the employer about acceptable documents for Form I-9, explaining that a combination of an unexpired List B document along with a List C document is sufficient to establish identification and work authorization. The employer accepted OSC's explanation and the documentation from the worker, and allowed the worker to start the job immediately.
New Bedford, MA
On April 29, 2013, OSC completed a successful telephone intervention to save the job of an asylee. The worker presented his unexpired EAD upon hire; however, at the time of reverification, the worker had not renewed the EAD. The employer insisted on obtaining a new EAD from worker. The worker contacted OSC's hotline. OSC then called the employer and educated the employer about the reverification process, explaining that the worker had other options for the reverification process and was not limited to presenting an unexpired EAD. Consequently, the worker returned and presented his unrestricted Social Security card. The employer accepted the worker's documentation and allowed the worker to remain on the job uninterrupted.
Frisco, TX
On May 7, 2013, OSC completed a successful telephone intervention to save the job of a refugee. The worker presented his unexpired EAD for initial verification; however, at the time of reverification, the worker had not renewed his EAD and the employer insisted that the worker present a new unexpired EAD. The worker contacted OSC's hotline. OSC called the employer and educated the employer on the reverification process, explaining that the worker can choose to present any List A or any List C document for reverification. The refugee had an unrestricted Social Security card, which is a List C document. The employer accepted the unrestricted Social Security card for reverification purposes and allowed worker to remain on the job uninterrupted.
Arlington, TX
On May 20, 2013, OSC completed a successful telephone intervention, saving the job of a refugee. The refugee presented his EAD upon hiring; however, during reverification the employer requested to see his new EAD. The refugee's EAD had expired and he had not renewed it but he had an unrestricted Social Security card. The worker contacted OSC's hotline; OSC in turn called the employer and educated the employer about acceptable documents for reverification purposes, explaining that a List C document (Social Security card) is sufficient to establish work authorization. The employer accepted the documentation from the worker and allowed the worker to continue with employment.
Richmond, VA
On August 5, 2013, OSC completed a successful telephone intervention to save the job of an asylee. The asylee presented his unexpired EAD upon hire; however, at the time of reverification, the worker had not renewed the EAD. The employer insisted on obtaining a new EAD from worker. The worker contacted OSC's hotline. OSC called the employer and educated the employer about the reverification process, explaining that worker had other options for documents to present during the reverification process and was not limited to present a new unexpired EAD. Consequently, the asylee was able to present his unrestricted Social Security card. The employer accepted OSC's explanation and the documentation from the worker and allowed the worker to remain on the job uninterrupted.
Chicago, IL
On August 26, 2013, OSC completed a successful telephone intervention to save the job of a refugee. The refugee presented her expired EAD upon hire. The employer rejected the expired document and asked if the worker could present her I-94 and passport because the worker had marked the box for "Alien Authorized to Work" and the employer was an E-Verify user. The worker called her refugee employment coordinator, who, in turn called OSC. OSC learned that the refugee had a valid driver's license and an unrestricted Social Security card. OSC called the employer and educated the employer on acceptable documents for Form I-9 and also explained that an acceptable document from List B containing a photo could also be used to run the E-Verify query. The employer accepted the documentation from the worker and allowed the worker to continue with employment.
Baltimore, MD
On September 3, 2013, an OSC attorney saved the job of an asylee who was required to present a DHS-issued document as a condition of hire at an elder-care center. The asylee had a valid State ID and unrestricted Social Security card, but was told she could not start work unless she provided an EAD or other DHS-issued document. The asylee's case manager called OSC, and an OSC attorney called the employer. The OSC attorney explained that the employer was not allowed to specify which documents the worker could provide from the Form I-9's List of Acceptable Documents, and the worker was immediately rehired.
Fiscal Year 2012
Sacramento, CA
On October 3, 2011, OSC successfully completed a telephone intervention and saved the job of a refugee. The worker's employer requested an unexpired EAD from the worker after the EAD on file had expired. The worker presented an unexpired driver's license and an unrestricted Social Security card, but the employer insisted on obtaining a renewed EAD. OSC contacted the human resources manager to discuss reverification options for a refugee and directed him to the USCIS Employer Handbook (M-274), which states that reverification can be satisfied by presenting an unrestricted Social Security card for this case. The HR manager accepted the explanation and allowed the worker to return to work immediately.
Longwood, FL
On October 12, 2011, OSC saved the jobs of two asylees who were going to be terminated from their jobs due to the expiration of their EADs. OSC explained to the employer that the employees were authorized incident to their status and could work because they had other documents that established their identity and continued work authorization. The employer was excited to learn that it did not need to terminate its workers, and was grateful for the guidance.
Silver Spring, MD
On October 14, 2011, OSC successfully intervened to ensure that an asylee from Guatemala would receive a check stub. The worker recently started working at a national restaurant chain. His first pay check was printed on a corporate check that appeared different from his co-workers' checks; there was no stub showing his hours worked, gross pay or deductions. His co-workers assumed he was undocumented, because it appeared he was being paid off the payroll. The worker's second paycheck was in the form of a money order, and he contacted OSC out of concern. When OSC intervened, we discovered that the software used by the restaurant chain did not recognize the worker's valid SSN because it was a number that could not be issued prior to June 2011 (his SSN begins with "8"). The employer ensured OSC it would solve the problem immediately, and provided the worker with an itemized list of year-to-date earnings and deductions.
Dallas, TX
On October 20, 2011, an OSC attorney successfully completed a telephone intervention and saved the job of a refugee. The employer and worker jointly contacted OSC's worker hotline to report that the worker's EAD had expired and he would be unable to obtain a renewal EAD until November 2011. The worker had an unrestricted Social Security card and an I-94 card. The OSC attorney explained that refugees, like citizens and LPRs, are work authorized incident to their status and the employer could accept the worker's Social Security card. The employer allowed the worker to continue his employment.
Fort Worth, TX
On Friday, October 21, 2011, OSC completed a successful telephone intervention and saved the jobs of seven refugees from Nepal, Burma and Sudan who have EADs but have not yet received Social Security numbers. They began their employment with a temporary agency, but were suspended without pay because the employer did not know how to process payroll without a Social Security number. OSC called the employer to explain refugees have the right to work. Furthermore, the refugees should be put back to work in order to prevent the employer from facing a charge of citizenship status discrimination. The employer agreed to reinstate the seven refugees.
Austin, TX
On November 1, 2011, OSC successfully completed a telephone intervention, saving the job of an Ethiopian asylee. The asylee was unable to obtain a security guard license because the state licensing agency did not fully understand the employment eligibility verification process. Last year, the Texas legislature amended the licensing requirements to include "work authorization cards" from "nonresident alien" applicants. OSC explained to an attorney for the agency that the applicant's asylee status authorizes him to work indefinitely and, therefore, the asylee does not need a current EAD in order to work. Instead, for employment eligibility verification purposes, he may present his unrestricted Social Security card or his asylee I-94 Admission record. The attorney reported that he will advise the agency to issue the individual a security guard license, and possibly update the rule to require "proof of work authorization."
Grand Rapids, MI
On November 2, 2011, OSC successfully completed a telephone intervention and saved the job of an asylee from Ethiopia. Her EAD expired and the staffing agency that employs her told her she would need to produce a renewed EAD within three days or lose her job. OSC called the employer's corporate office and directed the representative to Question 29 of the I-9 Handbook for Employers (M-274). The employer learned that the worker's unrestricted Social Security card is an acceptable document to prove continued employment eligibility, and the worker remains employed.
Secaucus, NJ
On November 8, 2011, OSC successfully completed a telephone intervention and allowed an asylee to be hired by a national department store. A refugee service provider called OSC to inform us that the store's background check provider was rejecting the refugee's Social Security number (SSN). In fact, the background check stated the number "either has not been issued, or was issued after June, 2011." The asylee's SSN was issued after June, 2011, so the store should not have interpreted that message to mean the worker's number was not valid. When OSC spoke to corporate counsel for the store, counsel agreed to change the policy of rejecting any workers who have newly issued SSNs, because of that policy's adverse effect on newly arrived, work-authorized non-citizens. The worker has now been hired.
Costa Mesa, CA
On November 8, 2011, OSC successfully completed a telephone intervention for a worker at a department store, whose SSN was also tagged as "either not issued, or issued after June, 2011." This worker is a refugee from Iran, and OSC learned about her situation from a refugee services provider in California. The worker has also been hired and will attend a new employee orientation on November 10, 2011.
Rockville, MD
On January 10, 2012, OSC completed a successful telephone intervention and saved the job of an asylee originally from the Democratic Republic of Congo. When the local human resources representative of the national retail chain noticed the employee checked the box "alien authorized to work" on his Form I-9, she insisted he present an EAD. The worker explained that his unrestricted Social Security card is ample proof of his work authorization, and that his Maryland driver's license proves his identity. However, the worker was required to show his EAD but was then prevented from working because his EAD is expired. OSC contacted counsel for the employer, and the worker was allowed to return to work. The employer promised to pay the worker $190 in backpay for the three shifts he missed due to the rejection of his valid I-9 documents.
Harrisburg, PA
On January 24, 2012, OSC completed a telephone intervention and saved the job of a Nepalese refugee. The refugee's employer, a staffing company, said it was going to terminate her because her EAD was about to expire. Her refugee employment services caseworker called OSC, and we called the employer to explain that refugees do not lose the right to work when their EADs expire, and the employer must accept the worker's unrestricted Social Security card as proof of continuing employment eligibility for reverification purposes. The staffing agency agreed to allow the refugee to continue in employment.
Maplewood, MN
On February 9, 2012, OSC completed a successful telephone intervention and saved the job of a Zambian asylee who presented an unrestricted Social Security card and Minnesota driver's license for verification of his employment eligibility. The employer rejected these documents because it believed non-citizens needed to show documents from DHS. OSC called the employer and explained that the practice of requiring additional documents from non-citizens could be considered an unfair documentary practice (document abuse). The employer decided to accept the documents and hire the worker.
Ft. Morgan, CO
On February 14, 2012, OSC saved the job of a refugee as the result of a successful intervention. A refugee resettlement agency called the OSC worker hotline on behalf of the refugee to report that the refugee was not permitted to begin work despite producing his state identification and unrestricted Social Security card, after he mistakenly included a past expiration date of his EAD on the Form I-9. OSC contacted the employer and explained that state identification and an unrestricted Social Security card are sufficient to establish work authorization on a prospective basis, and further advised the refugee resettlement agency that refugees should indicate on the Form I-9 that their work authorization does not expire. In response, the employer called the refugee to process his new hire paperwork.
Dallas, TX
On March 14, 2012, OSC saved the job of an Ethiopian refugee as the result of a successful intervention. An employment services supervisor in a refugee resettlement agency called OSC to complain that the employer, a home health agency, terminated the worker because he did not have a current DHS document. OSC explained that for reverification, employees may present any document from List A or List C of the Lists of Acceptable Documents for the Form I-9. The employer decided to accept the worker's unrestricted Social Security card (a List C document) and allowed the worker to continue in his employment.
Chula Vista, CA
On April 3, 2012, OSC successfully assisted a refugee with securing employment after the employer rejected his Form I-94 and asked for a Permanent Resident Card. The OSC attorney explained to the employer that a Form I-94 refugee admission stamp was an acceptable Form I-9 document, and the individual was permitted to begin work.
Salisbury, MD
On June 15, 2012, OSC successfully completed a telephone intervention allowing a Haitian asylee to be hired for a position at a chicken processing plant. The Haitian had been hired for a position but during the I-9 employment verification process she produced her passport with a stamp indicating she is employment authorized. The employer thought that the stamp date on the passport was an expiration date and did not understand that the date in the passport was the date she entered the country. The worker was scheduled for the next orientation class.
Oakland, CA
On June 26, 2012, OSC successfully completed a telephone intervention and saved the job of a refugee from Eritrea when his employer requested that he produce a "green card" (Permanent Resident Card or Form I-551) to continue his employment after his I-94 work permit expired. OSC explained to the employer that requesting specific documents, such as a green card, just because an employee is a non-citizen could violate the anti-discrimination provision of the INA. As a result, the employee was allowed to present his unrestricted Social Security card to show his continued employment eligibility and was permitted to continue to work.
Bowie, MD
On July 23, 2012, OSC successfully completed a telephone intervention allowing a Cameroonian asylee to return to his employment with a janitorial services company. The worker told OSC he was suspended after his EAD expired, and that he had shown the employer his unrestricted Social Security card as proof of his right to continue working. OSC contacted the employer and explained the worker had the right to choose to present any document from List A or List C of the I-9 Lists of Acceptable Documents. The employer agreed to allow the worker to return to his position immediately.
Dallas, TX
On July 24, 2012, OSC successfully completed a telephone intervention allowing a refugee from Cuba to continue working after his employer improperly suspended him after he presented expired documents. The worker indicated in Section 1 of the I-9 form that he is an "alien authorized to work," and left the expiration date next to the box blank since he is a refugee authorized to work indefinitely. When completing section 2 of the Form I-9, the human resources representative recorded the worker's Texas Driver's license and unrestricted Social Security card as proof of his identity and right to work. Because the company used E-Verify, it needed the worker's alien number to run the E-Verify query but the worker had failed to write his A number down in section 1, and he was asked to correct Section 1. The worker showed both his I-94 departure record attached to his expired Cuban passport, and his expired EAD, both of which contained his A number. When the employer noticed the documents were expired, it terminated his employment and told him he could reapply when he had a current DHS document. OSC informed the employer that although the worker was obliged to write his A number in Section 1, he was not required to provide a current DHS document that contained the A number, since all workers have a right to choose which documents to present. The employer agreed to immediately reinstate the worker and pay him $450 for the five days of work he missed.
Holland, MI
On July 30, 2012, OSC successfully completed a telephone intervention and saved the job of a Burmese refugee. The worker was terminated from his position as a dishwasher in a senior residence facility because his EAD had expired, even though he also presented an unrestricted Social Security card when he was initially hired. After OSC consulted with the local HR manager and the national HR manager, the worker was reinstated with four days of back pay.
San Diego, CA
On August 29, 2010, OSC completed a successful telephone intervention and saved the job of an asylee. The worker applied for employment with a large national company. When he presented his unexpired driver's license and unrestricted Social Security card, the HR representative requested to see an EAD, which the worker presented; however, the card was expired. The worker contacted OSC's hotline, and OSC called the HR representative and educated the company about the list of acceptable documents. The HR representative accepted the explanation and stated that worker would be asked to begin work immediately.
Alexandria, VA
On September 14, 2012, OSC successfully completed a telephone intervention and saved the job of a refugee. The refugee's employer, a major national retailer, requested an unexpired EAD from the worker during the reverification process, even though the worker presented an unexpired driver's license and an unrestricted Social Security card along with her expired EAD. OSC contacted the HR manager and explained the reverification process, which allows an authorized worker to present an unrestricted Social Security card for reverification purposes. The worker was allowed to continue with her employment.
San Diego, CA
On September 17, 2012, OSC intervened on behalf of an Iraqi national, a recently arrived refugee, and saved her job. The employee presented a valid EAD for the I-9 Form Employment Eligibility Verification process. The employer accepted the document; however, it rescinded its employment offer because it could not verify the worker's Social Security number and perform a background check. OSC contacted the employer and explained that because the worker has only resided in the country since July 9, 2012, SSA could only verify Social Security numbers issued before June 24, 2011. As a result of OSC's intervention, the employer agreed to hire the Iraqi national.
San Francisco, CA
On September 18, 2012, OSC completed a successful telephone intervention to save the job of an asylee. The worker presented his I-94 during the I-9 process; however, the employer, a national food chain, requested to see an EAD from the worker. The worker contacted OSC's hotline. OSC called the employer's human resources representative and its legal counsel, and educated them about acceptable documents for I-9 purposes. The employer decided to hire the worker immediately.
Fiscal Year 2011
New York, NY
On October 6, 2010, OSC successfully conducted a telephone intervention allowing an asylee to begin training and to continue with the hiring process. The asylee was conditionally hired by an air carrier on September 20, 2010. At that time, the asylee completed new hire paperwork, including a Security Threat Assessment and the Form I-9 for employment eligibility verification. For Form I-9 purposes, the asylee presented his driver’s license, unrestricted Social Security card, Form I-94, and foreign passport. The employer delayed processing the asylee’s new hire paperwork because she was concerned that the asylee “need[ed] a visa, anything from Immigration.” We explained to the employer that the asylee had presented sufficient documentation for the Form I-9, and that there should be no delay in his hiring. The employer then contacted the worker to begin training immediately with further employment conditioned on passing the Security Threat Assessment.
Greer, SC
On November 19, 2010, OSC completed a successful telephone intervention to save the job of an asylee. The worker had an EAD that expired on November 17, 2010. Upon Form I-9 reverification, the asylee presented an I-94 stamped with asylee status, which is valid indefinitely. The employer told the worker that she needed to present an unexpired EAD or a document from List B and one from List C. The worker contacted OSC, and we in turn called an HR representative for the company and educated her on the reverification process, explaining that a valid I-94 stamped for asylum and granted indefinitely serves as a list C document, the only requirement under the reverification process. The HR representative accepted the explanation and stated that worker would be reinstated immediately.
Boston, MA
On December 10, 2010, OSC saved the job of an asylee who works for a hotel. When he began working for the hotel, the asylee presented an EAD valid for two years, unrestricted Social Security card, and a Massachusetts driver’s license. However, when the asylee’s EAD was about to expire, the employer informed him that he would have to present an unexpired EAD in order to remain employed. We called the hotel to explain that employers must accept an asylee’s unrestricted Social Security card as proof of work authorization. The hotel then permitted the asylee to continue working.
Bellevue, WA
On December 15, 2010, OSC successfully completed a telephone intervention enabling an Ethiopian refugee to begin working at a national restaurant chain that employs over 125,000 workers. Although the worker presented an EAD, which is sufficient proof of his right to work, he was told he could not begin working until he receives a Social Security number. A representative of the refugee services agency assisting the worker contacted OSC about the problem. We called the company’s headquarters and explained that workers with unexpired EADs must be allowed to work even if they do not yet possess a Social Security number. The employer indicated that the worker would begin working immediately.
Bethesda, MD
On January 4, 2011, OSC completed a successful telephone intervention and saved the job of an asylee from Togo who works for a national supermarket chain. The worker’s EAD expired and the employer told him he could no longer work unless he presented a renewed EAD. The employee presented his I-94 and unrestricted Social Security card, each of which is sufficient to prove an individual’s work authorization. We contacted the employer and educated it about documents that asylees may present to prove work authorization, and the worker returned to work the same afternoon.
Miami, FL
On January 6, 2011, OSC completed a successful telephone intervention, saving the job of an asylee. The worker began employment with a health care provider by presenting an unexpired EAD. However, upon reverification, the asylee presented an unrestricted Social Security card and an unexpired driver’s license. The employer insisted on obtaining a new EAD from the worker. We called the employer and educated it about the reverification process. The employer indicated that the worker would be reinstated immediately.
Washington, DC
On February 28, 2011, OSC completed a successful telephone intervention and saved the job of an asylee. The asylee began employment by presenting an unexpired EAD. However, upon reverification, the asylee presented an unrestricted Social Security card and an unexpired driver’s license. When the employer insisted on obtaining a new EAD from worker, the worker contacted a law firm, which in turn contacted the OSC hotline. We called the employer and educated it about the reverification process. The employer then stated that worker would be reinstated immediately and paid $1,295 in lost wages.
Overland Park, KS
On March 7, 2011, OSC successfully resolved a telephone intervention and assured that an asylee from Pakistan will keep his job and be allowed to renew his driver’s license. He asylee’s employer had informed him that he would not be able to work after the expiration of his EAD on March 25, 2011. When we explained to the employer that the asylee’s unrestricted Social Security card is proof of his work authorization for I-9 purposes, the employer allow him to continue to work. Meanwhile, an examiner at the Motor Vehicle Division of the Kansas Department of Revenue informed the worker he would not be able to renew his driver’s license upon expiration of his EAD. We contacted an attorney for the Kansas Department of Revenue and provided him with copies of the worker’s documents. The attorney ran a SAVE inquiry and then issued a letter to the worker that the worker can present in order to receive a standard driver’s license valid for six years, instead of the one-year “temporary” license issued to those holders of EADs who are not authorized to work indefinitely.
Silver Spring, MD
On April 20, 2011, OSC completed a telephone intervention and saved the job of an asylee from Cameroon. He was in the process of being hired at a retail clothing store when he presented documents for the Form I-9, including his unrestricted Social Security card and Maryland state identification card. Although it was not necessary, he also showed his EAD, which had already expired. The human resources representative told him he would not be able to start working until he received a new EAD. We called the employer and explained that the worker had presented adequate documentation for Form I-9 purposes. The employer called the worker and has put him on the work schedule.
Oklahoma City, OK
On April 22, 2011, OSC successfully completed a telephone intervention and saved the job of an Iraqi refugee. The worker’s employer, a national retail chain, told him he would have to present a new EAD by May 3, 2011, when his current EAD expires, or face termination. We explained to the employer that all employees have the right to choose which document to present to prove their continued work authorization for reverification purposes. We also explained that every refugee is entitled to an unrestricted Social Security card and may present that card, or any document from List A or List C of the I-9 Lists of Acceptable documents for reverification purposes upon expiration of the EAD initially presented.
Plano, TX
On April 26, 2011, OSC successfully completed a telephone intervention and saved the job of a Sudanese refugee. During an audit of its I-9 forms, the employer—an assisted living facility—realized it had not correctly recorded information about the worker’s documents in Section 2 of her I-9 form. The employer wrongly informed the worker that she would need to present a current Permanent Resident Card. We explained to the employer that all workers have a choice of which documents to present to prove their identity and work authorization, and that non-citizens are not required to present DHS-issued documents if they have unrestricted Social Security cards. The employer decided to allow the worker to remain working after she presented her unrestricted Social Security card and Texas driver’s license.
Lexington, NV
On June 8, 2011, OSC successfully completed a telephone intervention on behalf of a Somali refugee by educating an employer about how to avoid unlawful citizenship status discrimination. The employer informed the worker that she would have to present a renewed EAD for reverification purposes because the EAD the worker presented at initial hire would shortly expire. OSC informed the employer that she must allow the worker to present any acceptable document the worker chose to present (such as an unrestricted social security card) to prove continued work authorization. The employer stated that she would allow the worker to do so.
Baltimore, MD
On June 9, 2011, OSC intervened to allow a Sudanese asylee to renew his driver’s license and keep his part-time job that includes driving duties. The Maryland Motor Vehicle Administration (MVA) only issues one-year licenses to refugees and asylees, although the REAL ID Act allows states to issue permanent (five-year) licenses to drivers with these immigration statuses. An agency that provides services to refugees called OSC to report that one of its clients was unable to renew his driver’s license. His I-94 Admission Record showed he was an asylee, but the MVA representatives told him he would not be able to renew his license until he became a lawful permanent resident. OSC made several calls to the MVA field office and headquarters to explain that the I-94 is proof of an asylee’s authorization to work indefinitely, which resulted in the MVA processing a one-year license renewal.
Rockville, MD
On June 24, 2011, OSC successfully completed a telephone intervention and saved the job of a refugee. At the time of hire, the worker presented an unexpired driver’s license, an unrestricted Social Security card and an expired EAD. The refugee’s employer, a major national retailer, rejected the expired EAD and demanded that the worker present an unexpired EAD in order to enter the EAD expiration date into the automated I-9 program it uses. OSC contacted the human resources manager as well as an individual in corporate headquarters in order to clarify that refugees and asylees do not have to enter document expiration dates in section one of the I-9 form. The representative in corporate headquarters discovered that the company’s I-9 software has a field for indicating the worker’s refugee or asylee status, and also determined that the selection of asylee or refugee status enables the I-9 software to complete the process without the need for an expiration date. The worker was allowed to return to work immediately.
St. Louis, MO
On June 30, 2011, OSC completed a successful telephone intervention and saved the job of a Cuban refugee. When the refugee attempted to register with a staffing agency, he was accompanied by a friend, also a refugee, who had an EAD. The friend was allowed to register, but since the refugee only had an unrestricted Social Security card and a state identification card, he was told he would need to wait until he received an EAD. A refugee service provider called OSC, and OSC explained to the owner of the staffing agency that rejecting valid I-9 documents based on a person’s immigration status could constitute document abuse. The staffing agency’s president decided to allow the worker to register, and promised to provide additional training to his staff.
Indianapolis, IN
On July 11, 2011, OSC successfully completed a telephone intervention and saved the job of an asylee from Zimbabwe. The worker’s employer had requested that she provide an EAD for I-9 purposes although she had already provided a driver’s license and Social Security card. The worker also presented her I-94 departure record that shows she is an asylee with indefinite employment authorization, but the employer similarly rejected that document. OSC explained to the employer that requesting specific documents, such as EADs, just because an employee is a non-citizen could violate the anti-discrimination provision of the INA. The employer agreed to allow the worker to continue in her employment.
Akron, OH
On August 24, 2011, OSC successfully completed a telephone intervention and saved the job of a Burmese refugee. When the employment specialist from the refugee resettlement agency learned there were positions available at a staffing agency, she attempted to complete the agency's electronic application on behalf of the refugee. The application program rejected the refugee's Social Security number ("SSN") as invalid, preventing the refugee from completing the application. OSC explained to the staffing agency that two months ago, SSA made several changes to the manner in which it assigns SSNs. Not only are numbers no longer assigned according to the location of the office issuing the SSN, but also, some numbers that could not be assigned in the past are now being assigned; in particular, numbers beginning with the digit "8." The application software was rejecting the refugee's SSN because it began with an 8. OSC spoke to counsel for the staffing agency and counsel decided to advise his client to allow the refugee to apply in person. The software has since been corrected and the refugee has been placed on an assignment.
St. Louis, MO
On September 2, 2011, OSC successfully completed a telephone intervention and facilitated the granting of a taxicab license to a refugee from Somalia. When the worker's EAD expired, the taxi commission refused to issue him a standard oneâyear license renewal unless he presented a renewed EAD. OSC explained to the commission that refugees remain employment authorized even after their EADs expire as their employment authorization is indefinite. The commission then decided to grant the refugee a standard oneâyear taxicab license.
Fiscal Year 2010
Nashville, TN
On October 28, 2009, OSC successfully completed a telephone intervention and saved the job of an asylee. For employment eligibility verification (form I-9) purposes, the asylee presented an unrestricted Social Security card. However, the employer believed that it could not accept the card because the worker is not a U.S. citizen or LPR. We explained that asylees, like citizens and LPRs, are work authorized incident to their status and provided the employer with educational materials. The employer agreed to accept the worker’s Social Security card and allowed the worker to continue her employment.
Washington, DC
On November 6, 2009, an OSC attorney successfully completed a telephone intervention and saved the job of an asylee, who is a Sierra Leone national. The worker, who works for a transit agency, contacted OSC’s worker hotline and informed the OSC attorney that his employer was conducting a Form I-9 audit. The worker presented an unrestricted Social Security card but was told that he needed to present a List A document because he is neither a U.S. citizen nor a lawful permanent resident (LPR). The OSC attorney contacted the employer and explained to the employer that asylees, like citizens and LPRs, are work authorized incident to their status. The employer agreed to accept the worker’s Social Security card and allowed the worker to continue his employment.
Wellesley, MA
On November 10, 2009, OSC successfully completed a telephone intervention and saved the job of a Burmese refugee. The refugee was working as a supermarket cashier until she was terminated due to the expiration of her Employment Authorization Card (EAD). A refugee services agency called OSC after unsuccessfully trying to explain to the employer that refugees are employment authorized incident to their status as refugees, and they do not need to possess an unexpired EAD from the Department of Homeland Security (DHS); rather they may present unrestricted Social Security cards as proof of their work authorization. OSC contacted the employer, highlighting portions of the USCIS Handbook for Employers that pertained to refugee employment eligibility. The supermarket called the employee and offered her job back.
Philadelphia, PA
On November 12, 2009, an OSC attorney intervened on behalf of a refugee and saved her job. The individual had a driver's license and an unrestricted social security card, but the employer stated that it could not hire her unless she presented a "green card" (Permanent Resident Card). The OSC attorney contacted the employer and explained that the combination of a driver's license and unrestricted social security card suffices to establish both identity and employment authorization; no additional documentation is needed. The employer then allowed the individual to work.
Las Vegas, NV
On December 1, 2009, OSC successfully completed a telephone intervention and saved the job of an Ethiopian refugee. The worker showed her employer an employment authorization document (EAD) that was about to expire a few days after her projected start date. When the employer insisted on seeing a renewed EAD, the worker also furnished an unrestricted Social Security card and I-94 with a refugee stamp, which are both List C documents that evidence employment eligibility. However, the employer continued to insist that the worker present a renewed EAD. OSC contacted counsel for the employer, a hotel and casino chain, and explained that refugees may present unrestricted Social Security cards both during initial verification and re-verification of employment eligibility. The employer agreed to accept the documents and permit the refugee to begin work.
New York, NY
On December 30, 2009, OSC successfully completed a telephone intervention, enabling an asylee to begin working. The asylee called OSC concerned that his new employer requested to see additional documents, even though the asylee had already presented his unrestricted Social Security card and driver’s license. Furthermore, the employer requested the documents before offering the job to the asylee, stating that she felt it necessary to take precautionary measures because she had never before hired an asylee. OSC called the employer to explain that asylees are work authorized incident to status and that employers can only demand to see documents during the I-9 process–after a job offer has been made. The asylee is now working.
New York, NY
On January 11, 2010, OSC successfully completed a telephone intervention and saved the job of an asylee. When originally hired, the worker had not yet been granted asylum and presented an Employment Authorization Document issued by DHS that contained an expiration date. Upon the expiration of the EAD, the employer initiated the reverification process and demanded that the worker—who had since been granted asylum—present a new, unexpired Employment Authorization Document. Instead, the worker presented his unrestricted Social Security card (which he obtained upon attaining asylee status). The employer refused to accept the unrestricted Social Security card and fired the worker. An OSC staff member called the employer and explained that all employees must be allowed to choose any document from either List A or List C for reverification purposes, and that since asylees are work authorized incident to status, they often possess unrestricted Social Security cards. In response, the employer offered to rehire the asylee.
Temple Hills, MD
On January 20, 2010, OSC completed a telephone intervention that allowed a Cameroonian asylee to return to his job as a security guard. He is licensed as a security guard in the District of Columbia but his employer encouraged him to apply for a security guard license from the Maryland State Police (MSP). The MSP license application states non-citizens must provide a copy of their “Employment Authorization Card.” Since the worker’s card had expired, he sent copies of several other documents he believed proved he was authorized to work, most of which were not from the Form I-9 lists of acceptable documents. MSP rejected the application, which caused the employer to fire the asylee. When we contacted the MSP about the matter, it explained that it had asked the employer to re-submit the application with documents from the I-9 lists, but that the employer failed to re-submit the application. OSC explained to the employer that the asylee has sufficient documents to prove his employment eligibility (an unrestricted Social Security card and Maryland ID card) and that the employer’s failure to re-submit the application caused the worker to lose several weeks of work. The employer indicated that it would re-submit the MSP license application and placed the worker on an assignment in Washington DC, where he is currently working until he receives a badge from MSP.
Albany, NY
On January 26, 2010, OSC successfully completed a telephone intervention and assisted a Nepalese refugee apply for a housekeeping job with a hotel group. The hotel group conducts a background check on all applicants. The worker’s background check results stated the worker’s Social Security Number “has not been issued by the SSA.” The worker had not yet been hired, so she had not filled out an I-9 form or presented documents; she did, however, possess a Social Security card and included her Social Security number on her application. The refugee service provider charged with finding the worker employment called OSC and explained that several other refugees have similarly been rejected by this hotel group. We contacted the employer, and the background check company subsequently acknowledged to the employer that its Social Security information was not up to date and that the worker’s application should not have been rejected. As a result, the employer agreed not only to interview the worker but also to refrain from making employment decisions based on reports that Social Security numbers have not been issued, without first following up with the employee and/or the refugee service provider.
St. Joseph, MI
On January 26, 2010, OSC successfully completed a telephone intervention and saved the job of a refugee. When originally hired, the worker presented an employment authorization document (EAD) that was issued by DHS and contained an expiration date. Upon the expiration of the EAD, the employer initiated the reverification process and demanded that the worker present a new, unexpired EAD. The employer refused to accept the unrestricted Social Security card presented by the refugee and fired the worker. We called the employer and explained that an unrestricted social security card is acceptable documentation to reverify a worker’s employment eligibility. In response, the employer accepted the Social Security card and rehired the worker.
New Haven, CT
On February 26, 2010, OSC successfully completed a telephone intervention and saved the job of an Iraqi asylee. The asylee presented an employment authorization document (EAD) from the U.S. Department of Homeland Security; however, his employer would not allow him to begin working because he had not yet received a Social Security number. OSC shared guidance from the IRS with the employer, explaining how to report wages for employees who have applied for Social Security numbers. After receiving the guidance, the employer allowed the asylee to commence his work at the hotel.
Alexandria, VA
On March 1, 2010, OSC successfully completed a telephone intervention and saved the job of an Eritrean asylee who works at a supermarket. When his Employment Authorization Document (EAD) expired, the store manager advised him that his unrestricted Social Security card did not appear to be acceptable proof of his continuing eligibility for employment and took him off of the schedule. When the worker called OSC he had already lost two days of work. OSC contacted counsel who agreed that the worker should be immediately reinstated and paid for the two days of work he lost.
Dallas, TX
On March 24, 2010, OSC saved the job of a Congolese asylee whose employer requested further documentation when his employment authorization document expired. OSC called his employer to provide information about accepting a Form I-94 with an asylum stamp, as explained in the Handbook for Employers. The employer agreed to accept his I-94 as proof of his employment authorization, and the asylee is still working.
Bethesda, MD
On April 16, 2010, OSC successfully completed a telephone intervention allowing an asylee to return to work after being suspended. The asylee’s employer, a nursing home, reverified the asylee’s work authorization when her employment authorization document (EAD) expired and suspended the employee from work until she could produce a new EAD or a permanent resident card. The nursing home already possessed a copy of the asylee’s driver’s license and unrestricted Social Security card. We contacted the nursing home and explained that the employee had already produced sufficient documentation for Form I-9 employment eligibility verification purposes, and that to demand more or different documents from the asylee may constitute a violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). The employer indicated that it would contact the employee to allow her to resume work.
Albuquerque, NM
On August 23, 2010, OSC completed a hotline intervention, ensuring that a refugee could remain in his job with a large retail chain store. The refugee presented his I-94 card when he completed his Form I-9. A refugee I-94 card presented at the time of hire is valid for 90 days, at the end of which the refugee must present a document from List A or List C. As the 90-day deadline approached, the employer requested a new document. The refugee visited SSA to request a replacement for his lost Social Security card, but the SSA office told him that it could not process his request because his I-94 card was “expired”. OSC sought assistance from the regional SSA office, since the refugee’s I-94 card contains no expiration date. The SSA regional office reached out to the SSA field office, and SSA soon after approved the application for a replacement card. The refugee received his new Social Security card and his employer accepted it, allowing the refugee to continue working.
Silver Spring, MD
On September 3, 2010, OSC completed a successful telephone intervention and saved the job of a Sierra Leonean refugee who works as a home health nurse for a hospital system. When she originally completed her I-9 form, the nurse indicated she was an alien authorized to work until July 19, 2010 (the expiration date on her EAD); however, the documents she chose to present to prove her identity and work authorization were her Maryland ID card and unrestricted Social Security card. Her employer sent her several letters requiring her to submit updated documentation. She presented her Form I-94 with an unexpired refugee admission stamp, which is a valid receipt for Form I-9 purposes, but the employer refused this document because it was not attached to a passport as is the Form I-94 listed in the Form I-9 Lists of Acceptable Documents. Neither the worker nor her employer understood that the unrestricted Social Security card presented at time of hire remained valid proof of her employment authorization. OSC contacted counsel for the employer and the employer said that it would reinstate the worker with full back pay.
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