By Bruce E Buchanan, Sebelist Buchanan Law


The Immigrant and Employee Rights Section (IER) of the Department of Justice has issued a fact sheet on employment rights for Afghans resettling in the United States. The fact sheet explains Afghans arriving to the United States may have different immigration statuses and discusses protections under the Immigration and Nationality Act’s (INA) anti-discrimination provision. Depending on their immigration status, Afghans resettling in the U.S. may arrive with permission to work. For example, Afghan Special Immigrant Visa holders – often referred to as Special Immigrant Lawful Permanent Residents or Special Immigrant Conditional Permanent Residents – can work based on their immigration status. However, Afghans with parole are only given permission to work if they request it, through USCIS’s approval of a Form I-765.

The INA also protects workers from discrimination during the employment eligibility verification process. The fact sheet provides examples of documentation that Special Immigrant Lawful Permanent Residents, Special Immigrant Conditional Permanent Residents, and parolees might show during this process, and emphasizes workers have the right to choose which valid documentation they show to demonstrate their permission to work.

If you want to know more information on issues related to employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.