OSC Guidance

General contractors requiring subcontractor's employees to present original I-9 documentation could present a number of problems.

"If a general contractor were to ask an employee of a subcontractor to produce such documents a second time, this could present a number of problems. Given the passage of time that likely would have transpired from when an employee was initially hired by a subcontractor, such as your client, to when the general contractor is requesting to see the employee' s 1-9 documentation, the employee may no longer have the documents originally presented for a number of reasons not limited to but including: (1) the document(s) has expired and the employee now has a newer version of the originally presented document(s); (2) the employee has a different document due to adjustment of immigration status (i.e., from a lawful permanent resident to a U.S. citizen) and has forfeited his or her originally presented document; or (3) the document has been lost, stolen or misplaced. To the extent such individuals are barred from employment, they may perceive that the general contractor and/or subcontractor has discriminated against them based on their citizenship or immigration status. Because the proposed practice relates to the original 1-9 verification process, such employees might also allege discriminatory 1-9 practices in violation of the anti -discrimination provision. "

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