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Immigration FAQs

Q. Where can employers call to get up-to-date, accurate information instantly?

A. OSC has a toll-free automated telephone hotline for employers. The number to call is 1-800-255-8155 (and 1-800-362-2735 for the hearing impaired). Information is available 24 hours a day and features easy-to-follow prompts to receive prerecorded answers to employers' most often-asked questions. OSC research has consistently shown that many incidents of immigration-related employment discrimination are due to employers' confusion about the documents they can accept for I-9 purposes. The new system will help to increase awareness of the Immigration and Nationality Act's (INA) antidiscrimination provisions and provide the detailed and up-to-date information that employers need when they need it. The hotline offers callers taped information on four key subjects: Tips on avoiding immigration-related discrimination when completing the I-9 form, information on how to avoid immigration-related discrimination in hiring practices, a summary of the penalties for employment discrimination, and the acceptable documents that establish identity and work eligibility. Callers who need additional information will be able to speak with an OSC representative from 9 a.m. to 5 p.m., Eastern Standard Time/Eastern Daylight Time. The hotline's Fax-Back option addresses employers' need for current information. Callers can key in their fax machine number, and within minutes they will receive by fax a copy of the list of documents acceptable for establishing identity and work eligibility. They will also receive information on INA's anti-discrimination provisions. The system offers employers immediate access to the most current information on acceptable work-authorization documents. OSC will immediately update the telephone system's recorded and Fax-Back information to reflect any changes to the list of acceptable documents. For more information, please contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices Civil Rights Division U.S. Department of Justice P.O. Box 27728 Washington, DC, 20038-7728 General Information: 1-800-255-7688 1-800-237-2515 (TDD for hearing impaired), Automated Employer Hotline: 1-800-255-8155, 1-800-362-2735 (TDD for hearing impaired).

Q. What is the "Look at the Facts...Not at the Faces" campaign?

A. "Look at the Facts. . .Not at the Faces" is an ongoing campaign to inform the work-authorized immigrant population and their employers - mostly small business owners - about the antidiscrimination provisions of the Immigration and Nationality Act (INA) and the unfair employment practices made illegal by these provisions. The campaign focuses on newly arrived immigrants and small business employers. Newly arrived immigrants tend to experience INA-related discrimination more than other workers. Employers of these work-authorized immigrants tend to be small business owners with 4-25 employees. Typically, these business owners have limited time to become acquainted with the complexities of government regulations. A key element in outreach to employers is, therefore, promotion of the OSC Employer Hotline. The Hotline provides simple, straightforward answers to employers' most frequently asked questions about INA. It includes a fax back feature so callers may receive a copy of the I-9 form and a list of legally acceptable documents. In addition to educating employers, OSC also wants workers to understand their rights under INA. Workers cannot be fired or denied employment because of their national origin or citizenship status. They also have the right to choose which legally acceptable documents to present to establish their identity and right to work in the United States. A separate toll free number, staffed by multi-lingual operators, is maintained for workers. Callers may be directed to an OSC attorney, and, if their claims have merit, may receive back pay, benefits, and job reinstatement. OSC's campaign uses broadcast and print advertising, PSAs, and story placement to promote awareness of INA among workers and employers alike. Information kits, brochures, posters, and other print materials have also been widely distributed. To obtain more information about INA and the role of the Office of Special Counsel, call 1-800-255-8155.

Q. What are the 10 steps to take to avoid immigration related employment discrimination?

A. Treat all people the same when announcing a job, taking applications, interviewing, offering a job, verifying eligibility to work, hiring, and firing. Accept the document(s) the employee presents. As long as the documents prove identity and work authorization and are included in the list on the back of the I-9 form, they are acceptable. Accept documents that appear to be genuine. Establishing the authenticity of a document is not your responsibility. Avoid "citizen only" or "permanent resident only" hiring policies. In most cases, it is illegal to require job applicants to have a particular immigration status. Give out the same job information over the telephone to all callers, and use the same application form for all applicants. Base all decisions about firing on job performance and/or behavior, not on the appearance, accent, name, or citizenship status of your employees. Complete the I-9 form and keep it on file for at least 3 years from the date of employment or for 1 year after the employee leaves the job, whichever is later. You must also make the forms available to government inspectors upon request. On the I-9 form, verify that you have seen documents establishing identity and work authorization for all your new employees U.S. citizens and noncitizens alike hired after November 6, 1986. Remember that many work authorization documents must be renewed on or before their expiration date, and the I-9 form must be updated. This process is called reverification. At this time, you must accept any valid documents your employee chooses to present, whether or not they are the same documents provided initially. (Note: You do not need to see an identity document when the I-9 form is updated.) Be aware that U.S. citizenship, or nationality, belongs not only to persons born in the United States but also to all individuals born to a U.S. citizen, and those born in Puerto Rico, Guam, the Virgin Islands, the Commonwealth of Northern Mariana Islands, American Samoa, and Swains Island. Citizenship is granted to legal immigrants after they complete the naturalization process. For more information, call the OSC Employer Hotline at 1-800-255-8155.



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