Filing a Charge for Unfair Immigration‑Related Employment Practices

Federal law protects many workers in the United States from unfair immigration‑related employment practices, including discrimination based on citizenship or immigration status and certain kinds of national origin discrimination. These protections are closely linked to the hiring and verification process, especially completion of the Form I‑9 Employment Eligibility Verification required for new hires. When employers violate these rules, workers may use the Department of Justice’s charge form to request an investigation and potential remedies.

This article explains what unfair immigration‑related employment practices are, how they arise in everyday workplaces, and how workers can document problems and file a formal charge. It also outlines key obligations for employers who want to comply with the law and avoid discrimination claims.

Legal Framework for Immigration‑Related Employment Protections

Immigration‑related employment protections are rooted in the Immigration and Nationality Act (INA), specifically section 274B, codified at 8 U.S.C. § 1324b, and implementing regulations issued by the Department of Justice. These provisions work alongside but are distinct from general anti‑discrimination laws such as Title VII of the Civil Rights Act.

These rules seek to balance two objectives:

• Ensuring employers verify that employees are authorized to work in the United States.
• Preventing employers from misusing that verification process to discriminate against workers based on citizenship status, immigration status, or national origin.

What Counts as Unfair Immigration‑Related Employment Practices?

Under INA §274B and its regulations, unfair immigration‑related employment practices generally fall into several categories. Although the exact legal definitions are technical, the core concept is that employers intentionally treat workers differently because of citizenship status, immigration status, or national origin.

Citizenship or Immigration Status Discrimination

Citizenship or immigration status discrimination occurs when an employer makes employment decisions based on whether someone is a U.S. citizen, lawful permanent resident, refugee, asylee, or another type of work‑authorized noncitizen—except in limited circumstances where a law or government contract legitimately requires hiring only certain categories.

Common examples include:

• Refusing to hire a lawful permanent resident solely because they are not a U.S. citizen, when no statute or contract requires U.S.‑only hiring.
• Posting job advertisements that say “U.S. citizens only” without a legal basis for the restriction.
• Firing or demoting workers after learning they are refugees or asylees, despite being fully authorized to work.

National Origin Discrimination Under the INA

The INA also prohibits certain kinds of national origin discrimination, often overlapping with protections under Title VII. Under the INA framework, this typically involves employers treating workers differently because they are, or are perceived to be, from a particular country or region, or because they look or sound “foreign.”

Examples include:

• Applying stricter document scrutiny to job applicants who speak with an accent, while accepting documents at face value from other applicants.
• Limiting certain jobs to workers from a specific country.
• Singling out workers of a particular national origin when using E‑Verify or other verification tools.

Unfair Documentary Practices in the Form I‑9 Process

Formerly referred to as “document abuse,” unfair documentary practices are discriminatory actions taken during identity and work authorization verification—most often in the Form I‑9 process. USCIS explicitly describes these as practices that treat individuals differently in the verification process because of their citizenship, immigration status, or national origin.

Three typical types of unlawful conduct are:

• Requesting more or different documents than Form I‑9 requires to establish identity and work authorization.
• Insisting on a particular document (for example, a Permanent Resident Card) instead of allowing the worker to choose from the acceptable document lists.
• Rejecting documents that reasonably appear to be genuine and to belong to the person presenting them.

These practices become unlawful when they are driven by citizenship or immigration status, or national origin—for instance, applying extra scrutiny only to noncitizens or to people from certain countries.

Retaliation and Intimidation

Federal protections also extend to workers who oppose discrimination or participate in investigations. Retaliation or intimidation can include:

• Firing or demoting a worker for contacting the Department of Justice or another enforcement agency.
• Threatening to call immigration authorities to discourage workers from reporting violations.
• Harassing employees who cooperate in an investigation.

Such conduct can violate both INA §274B and other civil rights laws, depending on the circumstances.

Worker Eligibility, Protection Scope, and Limitations

Not every worker is covered in the same way. Under INA §274B and related guidance, immigration‑related anti‑discrimination protections generally apply to workers who are authorized to work in the United States, including many noncitizens.

Key points include:

• Most work‑authorized individuals, whether citizens or noncitizens, can seek protection against discrimination under INA §274B.
• Unlawfully present workers may still be able to report employer misconduct or cooperate with enforcement agencies, but formal charge‑filing eligibility may differ.
• The INA’s national origin protection typically covers employers with between 4 and 14 employees, complementing Title VII protections that apply to larger employers.

Because coverage rules can be complex, many workers benefit from contacting enforcement agencies or legal advocates for individualized guidance before filing a charge.

Recognizing Warning Signs in the Workplace

Unfair immigration‑related employment practices often appear subtly at first. Workers and advocates should watch for patterns that suggest differential treatment tied to citizenship, immigration status, or national origin.

Hiring and Recruitment Red Flags

• Job postings that unnecessarily limit openings to “U.S. citizens only” or “green‑card holders only.”
• Recruiters who discourage or refuse to process applications from foreign‑born candidates, despite their work authorization.
• Hiring procedures that require extra documentation only from applicants with foreign‑sounding names or accents.

Form I‑9 Verification Problems

• Requiring noncitizen employees to present more documents than listed on the I‑9 instructions.
• Rejecting valid documents (such as a driver’s license and Social Security card combination) for some workers while accepting the same documents for others.
• Demanding that lawful permanent residents show a Permanent Resident Card even though they offer other acceptable documents.

Post‑Hire and Ongoing Employment Issues

• Reverification demands made only to noncitizens when not legally required.
• Changes in job duties, pay, or scheduling that appear linked to citizenship or immigration status rather than job performance.
• Threats to contact immigration enforcement if workers raise concerns about wages, safety, or discrimination.

Preparing to File a Charge: Information and Documentation

Workers who believe they have experienced unfair immigration‑related employment practices can file a formal charge with the DOJ Immigrant and Employee Rights Section using an official charge form. Thorough preparation improves the likelihood that the investigation can move forward efficiently.

Essential Information to Gather

Before filling out a charge form, workers should collect key details, including:

• Employer information – legal name, address, phone number, and, if known, number of employees.
• Personal information – name, contact details, and basic immigration or citizenship status (for example, U.S. citizen, lawful permanent resident, asylee).
• Timeline of events – dates of job applications, interviews, hiring, document requests, terminations, or other relevant actions.
• Description of conduct – how the employer treated the worker differently, including references to specific documents requested or rejected, statements made by supervisors, and any threats or retaliatory acts.

Supporting Documents

Although a charge can be filed without extensive documentation, helpful materials often include:

• Copies or photos of job advertisements containing citizenship restrictions.
• Emails or written instructions from the employer specifying extra document requirements for certain workers.
• Copies of documents the worker presented for Form I‑9, along with any written explanations of why they were rejected.
• Termination notices, disciplinary memos, or performance evaluations, especially if they reference immigration‑related issues.

Deadlines and Timeliness

Immigration‑related employment discrimination claims typically must be filed within a limited period after the alleged violation. Guidance for workers often emphasizes filing the charge within roughly 180 days of the discriminatory act, although specific deadlines can vary. Waiting too long can reduce or eliminate the ability to pursue a claim, so prompt action is crucial.

Using the DOJ Charge Form for Unfair Immigration‑Related Employment Practices

The Department of Justice provides a standardized charge form for unfair immigration‑related employment practices, which replaced an earlier version referenced as CRT‑37. While the exact layout and questions are set by DOJ and may change over time, the basic purpose is to capture information necessary for an investigation.

Typical Components of the Charge Form

Although workers should always follow the current official instructions, most charge forms include sections for:

• Complainant information – name, address, telephone, and preferred language for communication.
• Employer or entity information – names of companies, staffing agencies, or subcontractors involved.
• Basis of discrimination – checkboxes or questions asking whether the complaint involves citizenship status, immigration status, national origin, unfair documentary practices, or retaliation.
• Detailed narrative – space to describe what happened, when, who was involved, and how the worker was affected.

Workers can usually submit the completed charge form by mail, fax, or other methods indicated by DOJ. Some may also receive assistance from legal advocates or community organizations when completing the form.

What Happens After a Charge Is Filed?

Once a charge is filed, the enforcement agency may review the complaint to determine whether it falls within its jurisdiction and then decide whether to open an investigation. Outcomes vary depending on the facts, the quality of evidence, and applicable law.

Investigation and Resolution Pathways

Possible steps include:

• Initial review – confirming the employer is covered by INA §274B and that the alleged conduct involves immigration‑related employment practices.
• Information requests – seeking additional documentation or testimony from the complainant, employer, and witnesses.
• Settlement discussions – exploring voluntary agreements to correct violations, provide back pay, reinstate workers, or change policies.
• Administrative litigation – if settlement is not possible, DOJ may pursue formal proceedings, which can result in orders requiring remedial actions and civil penalties.

Remedies can include reinstatement, back pay, civil penalties, and changes to employer practices, depending on the nature and severity of the violation.

Employer Compliance: Practical Steps to Avoid Violations

Employers who want to comply with both immigration and anti‑discrimination laws must design consistent, non‑discriminatory policies, especially around hiring and Form I‑9 completion. Legal commentators emphasize that strong internal procedures can reduce the risk of unfair immigration‑related employment practices.

Best Practices for Form I‑9 Procedures

• Apply the same verification process to all new hires, regardless of citizenship or national origin.
• Allow employees to choose from the lists of acceptable documents provided in the official I‑9 instructions; do not demand specific documents.
• Accept documents that reasonably appear genuine and relate to the person presenting them, unless there is a legitimate reason to doubt authenticity.
• Train HR and hiring personnel on both I‑9 requirements and anti‑discrimination rules, emphasizing that immigration compliance must not be used as a pretext for discrimination.

Policy and Communication Measures

• Develop written policies stating that employment decisions will not be based on citizenship or national origin except where required by law or government contract.
• Ensure job postings and recruitment materials avoid unnecessary citizenship restrictions.
• Establish clear procedures for addressing worker concerns, including non‑retaliation commitments for those who raise discrimination issues.

Frequently Asked Questions (FAQ)

1. What is the difference between immigration‑related employment discrimination and general workplace discrimination?

Immigration‑related employment discrimination focuses on unfair treatment tied specifically to citizenship or immigration status and certain national origin issues, often within the hiring and document verification process under the INA. General workplace discrimination laws, such as Title VII, cover broader categories like race, color, religion, sex, and national origin outside the immigration context.

2. Can noncitizens file a charge for unfair immigration‑related employment practices?

Yes. Many noncitizens who are authorized to work in the United States are explicitly protected against discrimination based on citizenship or immigration status and unfair documentary practices under INA §274B. The ability to file a charge, however, may depend on the worker’s specific immigration status, so consulting guidance or legal counsel is advisable.

3. Is it ever legal for an employer to require U.S. citizenship?

In limited situations, another law, regulation, or government contract may require that certain positions be filled only by U.S. citizens or specific categories of noncitizens. Outside those situations, blanket citizenship requirements in hiring can constitute unlawful discrimination under INA §274B and related regulations.

4. How many documents can an employer ask for during the Form I‑9 process?

Employers must follow the official Form I‑9 instructions, which specify acceptable documents and combinations to prove identity and employment authorization. Requesting more or different documents than the form requires—or insisting on particular documents—may be considered unfair documentary practices if tied to citizenship, immigration status, or national origin.

5. What should I do if I think my employer retaliated because I raised discrimination concerns?

Workers should document what happened, note dates and witnesses, and consider contacting the DOJ Immigrant and Employee Rights Section or a qualified legal advocate to discuss possible retaliation claims and charge‑filing options. Retaliation for asserting rights or participating in investigations can itself be a separate violation.

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Sneha TeteBeauty & Lifestyle Writer

 

Sneha is a relationships and lifestyle writer with a strong foundation in applied linguistics and certified training in relationship coaching. She brings over five years of writing experience to waytolegal,  crafting thoughtful, research-driven content that empowers readers to build healthier relationships, boost emotional well-being, and embrace holistic living.

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