This blog post is Part 1 of our two-part series on workplace rights for newcomers. In this post, we debunk some common employment-related myths about newcomers and underscore accurate facts. For example, it’s a fact that newcomers can begin working while waiting for their Social Security number; newcomers can choose which valid documents to present for work authorization; and all workers, regardless of immigration status, have the same workplace protections under federal law. In Part 2 of this series, we’ll explore practical steps for successfully navigating workplace challenges.
Introduction
As service providers supporting newcomers in their employment journeys, you play a critical role in helping them navigate the complex job search process in the U.S. Your clients may encounter significant barriers when employers are unfamiliar with proper work authorization procedures or have misconceptions about hiring individuals from other countries. These misunderstandings can lead to qualified candidates being turned away, unnecessary requests for additional documentation, or the perpetuation of false beliefs about workplace rights and protections. Being aware of the facts can help you better support your clients.
Common Employment Misconceptions
Working without a Social Security number (SSN) or Social Security card
Some employers, newcomers, and even service providers may believe that a newcomer must have a Social Security number before they can begin working. This misunderstanding can create unnecessary delays in hiring and cause confusion for both the job seeker and employer. Employers may incorrectly assume that hiring someone without an SSN violates federal regulations, leading them to reject qualified candidates or postpone start dates. This can be particularly challenging when there are delays in receiving a Social Security card.
Fact: Refugees and other work-authorized newcomers can prove their right to work using different documents listed on the USCIS Form I-9.
Employers are required to accept any valid combination of documents that meet the I-9 requirements. While an SSN is necessary for payroll and tax reporting, it is not a prerequisite for starting work, and there are no Social Security Administration, IRS, or E-Verify rules that prevent someone from working while they wait to receive their SSN or Social Security card. For further details, please see this guidance from the IRS. If an employer refuses to hire a newcomer solely because they do not yet have an SSN, they are violating I-9 rules even if they do not realize it.
Work authorization documents preferred by employers
Some employers mistakenly believe they can decide which specific documents a new hire must present to prove work authorization. They may request a Social Security card, a Permanent Resident Card (Green Card), or another preferred document, assuming that this is within their rights. In some cases, this happens due to a lack of familiarity with the Form I-9 process or misinformation about employment verification requirements.
Fact: Employees—not employers—choose which valid documents to present for work authorization.
Under federal law, employers must accept any combination of documents that meets Form I-9 requirements. They cannot demand a specific document, reject an eligible document, or ask for additional proof beyond what the law allows. If an employee provides valid documents that are on the I-9 list, the employer must accept them. For guidance on presenting proper documents, refer to section 4.4 of the USCIS Employer Handbook.
Workplace rights for newcomers
Some employers and workers may mistakenly believe that newcomers with legal work authorization have fewer workplace rights than U.S.-born employees. This misconception can result in unfair treatment, unsafe working conditions, or hesitation from newcomers to assert their rights on the job.
Fact: All workers, regardless of their status or the type of work authorization they hold, are protected under the same federal and state labor laws.
Newcomers are entitled to fair wages, safe working conditions, and protection from discrimination and retaliation. Employers must follow workplace safety regulations to ensure a secure and healthy work environment for all employees.
Reporting workplace discrimination
Newcomers and employment staff may worry that speaking up about workplace issues such as unsafe conditions, wage disparities, or discrimination could result in job loss or another form of retaliation. In some cases, employment staff may hesitate to intervene, fearing that addressing these issues could strain relationships with employer partners and limit future job opportunities for other clients.
Fact: Federal and state workplace protection laws explicitly prohibit employers from retaliating against workers who report violations.
These protections apply to all workers who report violations. Employers cannot fire, demote, reduce hours, or in any other way penalize workers for exercising their rights such as filing complaints about labor violations or participating in workplace investigations. Additionally, employers that uphold labor laws and fair workplace practices should recognize the importance of compliance and be willing to resolve legitimate concerns that employment staff bring to their company. Holding employers accountable not only protects workers but also strengthens partnerships with those employers that are committed to ethical employment practices.
Additional Resources
As you continue to navigate these complex issues with newcomer clients, you may find the following resources helpful:
- TENT Foundation and Lutheran Immigrant and Refugee Service (LIRS): U.S. Employers’ Guide to Hiring Refugees
- U.S. Department of Justice:
- Employment Discrimination Flyer (Translations available in Arabic, Bosnian, Chinese, Farsi, Filipino, French, Haitian Creole, Hindi, Hmong, Korean, Punjabi, Russian, Spanish, Tagalog, Urdu, and Vietnamese)
- Equal Employment Opportunity Commission: EEOC Enforcement Guidance on National Origin Discrimination
- E-Verify: Training on I-9 and E-Verify
Read Part 2: Setting Newcomers Up for Workplace Success
