Employment Petitions
Employment Rights of Undocumented Workers
With just a few exceptions, undocumented workers enjoy all of the legal rights and remedies provided by both Federal and California law.
Deferred Action for Noncitizen/Undocumented Workers in Labor Disputes
As of the present time, the U.S. Department of Homeland Security (DHS) has a process to allow certain immigrant workers to seek temporary legal status and work authorization in the United States. This temporary status, called “Deferred Action for Labor Enforcement” (DALE), is meant to encourage workers to report employers’ unlawful practices without fear of immigration consequences, including deportation.
Document Abuse (Identification Documents at Work): Things You Should Know About Proving Your Work Status to Your Employer
Document abuse occurs when an employer does not permit a worker to use any combination of documents that are legally acceptable but, instead, specifies which documents s/he must use, or requires more documents than are legally required by the Form I-9. Therefore, if an employer refuses to accept legally acceptable documents that appear genuine on their face from a work-authorized immigrant worker, the employer has committed document abuse.
Employment Rights of Undocumented Workers
With just a few exceptions, undocumented workers enjoy all of the legal rights and remedies provided by both Federal and California law.
I-9 Audits
An immigration I-9 audit is when federal immigration officials review, or “audit,” an employer’s I-9 forms to make sure they are accurate, and that all its employees have work authorization. The audit may be conducted by either Immigration and Customs Enforcement (“ICE”) or Homeland Security Investigations (“HSI”), a division within ICE. Those agencies can also audit the I-9 materials of persons who are no longer working from the employer.
Legal Resources for Immigrants
If you are seeking legal assistance for citizenship or immigration status, this pamphlet can serve as a starting point to find the legal services you need.
Sample Letter: Re-verification of Employment Authorization
You may wish to use the sample letter on the next page if you are a worker in California who completed the I-9 form when you were hired, and your employer has now asked you to provide more or different documents to re-verify your eligibility to work in the United States.
SSA No-Match Letter
The Social Security Administration (“SSA”) sends “no-match letters” to businesses when their employees’ names and Social Security numbers (“SSNs”) don’t exactly match those in the SSA’s files, based on information the SSA gets each year from the employer. Importantly, as these letters themselves say, they do NOT indicate anything about an employee’s immigration status or work authorization.
Updating Your Social Security Number With Your Employer
IRS Form W-4 states that you should “consider completing a new Form W-4 each year and when your personal or financial situation changes.” In fact, in California, employees have a protected right to update their personal information.
What is EAD? A guide to U.S. Work Authorization
Many immigrants come to the USA to work. If you are not a U.S. citizen or Green Card holder, you must have an Employment Authorization Document (EAD). Find information on how to apply for a work permit and renew it. Note that this is a rapidly changing area of law. Confirm with an attorney if you are unsure.
Workplace Raids - Workers Rights
This fact sheet offers information on workplace raids — including your rights during a raid — plus tips on how to prepare for a raid at your workplace. It also describes how raids are conducted. Remember that everyone has rights during a workplace raid — regardless of their immigration status.
Deferred Action for Noncitizen/Undocumented Workers in Labor Disputes
As of the present time, the U.S. Department of Homeland Security (DHS) has a process to allow certain immigrant workers to seek temporary legal status and work authorization in the United States. This temporary status, called “Deferred Action for Labor Enforcement” (DALE), is meant to encourage workers to report employers’ unlawful practices without fear of immigration consequences, including deportation.
Document Abuse (Identification Documents at Work): Things You Should Know About Proving Your Work Status to Your Employer
Document abuse occurs when an employer does not permit a worker to use any combination of documents that are legally acceptable but, instead, specifies which documents s/he must use, or requires more documents than are legally required by the Form I-9. Therefore, if an employer refuses to accept legally acceptable documents that appear genuine on their face from a work-authorized immigrant worker, the employer has committed document abuse.
Employment Rights of Undocumented Workers
With just a few exceptions, undocumented workers enjoy all of the legal rights and remedies provided by both Federal and California law.
I-9 Audits
An immigration I-9 audit is when federal immigration officials review, or “audit,” an employer’s I-9 forms to make sure they are accurate, and that all its employees have work authorization. The audit may be conducted by either Immigration and Customs Enforcement (“ICE”) or Homeland Security Investigations (“HSI”), a division within ICE. Those agencies can also audit the I-9 materials of persons who are no longer working from the employer.
Legal Resources for Immigrants
If you are seeking legal assistance for citizenship or immigration status, this pamphlet can serve as a starting point to find the legal services you need.
Sample Letter: Re-verification of Employment Authorization
You may wish to use the sample letter on the next page if you are a worker in California who completed the I-9 form when you were hired, and your employer has now asked you to provide more or different documents to re-verify your eligibility to work in the United States.
SSA No-Match Letter
The Social Security Administration (“SSA”) sends “no-match letters” to businesses when their employees’ names and Social Security numbers (“SSNs”) don’t exactly match those in the SSA’s files, based on information the SSA gets each year from the employer. Importantly, as these letters themselves say, they do NOT indicate anything about an employee’s immigration status or work authorization.
Updating Your Social Security Number With Your Employer
IRS Form W-4 states that you should “consider completing a new Form W-4 each year and when your personal or financial situation changes.” In fact, in California, employees have a protected right to update their personal information.
What is EAD? A guide to U.S. Work Authorization
Many immigrants come to the USA to work. If you are not a U.S. citizen or Green Card holder, you must have an Employment Authorization Document (EAD). Find information on how to apply for a work permit and renew it. Note that this is a rapidly changing area of law. Confirm with an attorney if you are unsure.
Workplace Raids - Workers Rights
This fact sheet offers information on workplace raids — including your rights during a raid — plus tips on how to prepare for a raid at your workplace. It also describes how raids are conducted. Remember that everyone has rights during a workplace raid — regardless of their immigration status.