DOJ Shares Best Practices and “Dos and Don’ts” for Recruiting and Hiring Immigrants and Refugees

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Upwardly Global Employer Working Group Meeting Update — January 2025

With significant administrative changes on the horizon that will affect immigrant communities and the American workforce, it’s crucial for employers to stay informed. On January 9, 2025, Upwardly Global convened its Employer Working Group — comprising over 100 national corporations — for a special presentation by the Department of Justice’s Civil Rights Division, Immigrant and Employee Rights Section (IER) on “Avoiding Unlawful Discrimination Under the Immigration and Nationality Act (INA) Anti-discrimination Provision.” 

Presenters Jenny Deines, IER Special Policy Counsel, and Julia Heming-Segal, IER Special Litigation Counsel, helped clarify the legal framework and helped provide practical guidance for employers working with immigrant and refugee candidates, including specific tips for creating an inclusive and compliant hiring process.

Top Tip: May I ask job applicants for citizenship or immigration status information?

Generally, an employer may ask job applicants:

1. If they have the legal right to work in the United States, and

2. If they will need sponsorship for an employment visa.

However, avoid asking job applicants for their citizenship or immigration status. Such questions could lead to discrimination and may cause unsuccessful applicants to believe they were denied employment based on their citizenship status rather than their qualifications.

View the full presentation from this meeting here.

Resources for Employers

From the DOJ:

IER Employer Hotline 1-800-255-8155, Monday to Friday, 9 a.m. to 5 p.m. ET

From the IRS and SSA, for employers reporting wages for employees awaiting their Social Security numbers:

  • IRS instructions for Forms W-2 and W-3: If the employee has applied for a card but the number has not arrived in time for filing, employers should:
    • On paper forms: Enter “Applied For” in Box A when submitting to  the SSA.
    • When e-filing: Enter zeros (000-00-0000 if creating forms online or 000000000 if uploading a file).
  • Social Security Administration Protocol: The SSA provides specific guidance on how to report wages for new employees who start work before receiving their Social Security numbers.

From Upwardly Global

  • Access: Upwardly Global’s “Legal Pathways and Work Authorization” online learning course, created in partnership with Fragomen, the premier immigration law firm. This training helps recruiters and hiring managers understand the various visa categories and work-authorization statuses for immigrant and refugee professionals. Contact us for access and to learn how this online course and our full training suite can support your teams.
  • Learn: Get started now with Upwardly Global’s short guides — Understanding Work Authorization and Questions Recruiters Should Not Ask During Interviews.
  • Check out our post-election analysis with Fragomen for more information on how employers can start preparing for upcoming changes now.
  • Join us: If you would like to be added to our next Employer Group Meeting, please contact Bijan Yaminafshar at bijany@upwardlyglobal.org.

Upwardly Global’s Employer Working Group

Made up of over 100 corporations, Upwardly Global’s Employer Working Group aims to engage corporate America to better understand the roadblocks in hiring work-authorized international talent and to co-create solutions. Upwardly Global’s unique position working with many employers over the last 25 years gives special insight into trends, pain points, and best practices. This invite-only working group is a platform to engage with peers, share best practices and challenges, and co-create solutions to better integrate immigrant and refugee talent into our workforce. Email us to learn more.

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