This blog post is Part 2 of our two-part series on workplace rights for newcomers. If you haven’t read Part 1: Debunking Common Misconceptions, we recommend starting there for important background information that will strengthen your advocacy efforts.
This post offers practical tools to help you support newcomer clients in overcoming common workplace challenges. You’ll learn how to help clients identify their work documents, practice important conversations with employers, and understand their rights at work. We include step-by-step activities, like document sorting exercises and conversation practice. You’ll also find tips for working with employers to create better opportunities for your clients.
Understanding workplace rights is only the beginning of successful employment integration for newcomers. The next crucial step is equipping your clients with strategies to effectively navigate workplace challenges and communicate confidently with employers about their work authorization and rights. This blog post provides practical strategies you can use to support clients by empowering them in their employment journeys and by effectively engaging with employers to create more welcoming workplaces.
Practice Reviewing Work Authorization Documents
Review the work authorization documents your clients have and determine which can be used for the I-9 form. Ensure they understand the three categories of documents listed on the form. Below are some examples of documents from each list that your clients may possess:
- List A: Documents that prove both identity and work authorization. You only need one document from this list.
- U.S. passport or U.S. passport card
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
- Employment Authorization Document (EAD)
- Foreign passport with a Form I-94 or I-94A indicating authorization to work in the U.S.
- List B: Documents that prove identity. The List B document must be paired with a List C document.
- Driver’s license or ID card
- School ID card with a photograph
- List C: Documents that prove work authorization. The list C document must be paired with a List B document.
- U.S. Social Security card
- Form I-94 Arrival/Departure Record
For further federal guidance, refer to Information for Refugees and Asylees about the Form I-9. (Translations are available in Amharic, Arabic, Armenian, Burmese, Chinese (simplified), Farsi, French, Karen, Kayah, Nepali, Russian, Somali, Spanish, Swahili, Tigrinya, Ukrainian, and Urdu.)
Action Step:
Work with your clients to gather their documents and practice selecting different combinations of documents that meet the I-9 requirements. For example, they could practice pairing a List B document like a state ID with a List C document like a Social Security card, or they could use a List A document such as a Permanent Resident card. This hands-on practice will help clients become more familiar with their documents and better able to identify them. By sorting through the documents and experimenting with different combinations, they will feel more prepared and confident with presenting them to employers during the hiring process.
Clarify Workplace Rights and Protections
Ensure your clients are informed about their rights in the workplace, emphasizing that they are entitled to the same protections as any other employee, regardless of their work authorization or immigration status. It’s important for clients to understand that workplace rights include protection against discrimination and unfair treatment.
Action Steps:
Spend time reviewing workplace rights with your clients. You can use a one pager like the one provided by the U.S. Equal Employment Opportunity Commission to help identify key rights and protections.
Facilitate a discussion with your clients to explore potential challenges that workers, including newcomers, might face in the workplace. Encourage them to think about specific examples or situations where individuals might experience unfair treatment or discrimination. Ask open-ended questions such as the following:
- Can you think of an example of how someone may be treated unfairly at work?
- What are some challenges people might encounter in their jobs?
This reflection may help clients feel more confident in identifying workplace issues and, through discussion, reinforce that they have the right to speak up and seek support if they ever encounter similar challenges.
Equip Clients for Effective Conversations with Employers
Help your clients prepare for potential conversations with employers about their work authorization and other employment-related issues. These conversations can be uncomfortable, and clients may feel unsure about how to express themselves or what to say during potential discussions about work authorization or their rights.
Action Step:
Role-play common scenarios where your clients may need to discuss their work authorization with an employer. These exercises can help clients learn how to confidently articulate their rights and advocate for themselves.
Examples of useful statements for newcomers to practice in role-play:
“I understand that you may need to verify my work authorization. I can present these documents to meet the I-9 requirements.”
“I understand the requirements for this position and I am fully authorized to work.”
“I know that it’s important to maintain a safe work environment, and I would appreciate discussing some safety concerns I have.”
Engage Employers to Address Concerns
As service providers, volunteers, or community members, you can proactively work with employers to ensure they understand the rules and regulations surrounding work authorization and employee rights. Misconceptions can stem from a lack of accurate information, which can inadvertently create unnecessary barriers to employment for qualified, legally authorized workers.
Action Step:
Start educating employers early in the relationship to prevent misunderstandings before they arise. As soon as you establish a partnership, provide orientation materials and information covering key topics, such as how to hire newcomers, work authorization, and workplace rights. Set up an initial meeting where employers can ask questions and discuss concerns.
Key Considerations when Speaking with Employers
- Conversations get easier with practice: Over time, you can find ways to introduce this information early in the employer relationships in a non-confrontational way. When issues arise with established partners, rely on the rapport you have built, assume good intentions when possible, and work together to find solutions.
- Client well-being comes first: While securing jobs quickly is important, ongoing challenges with an employer regarding work authorization and rights may indicate the need to explore other opportunities.
- You’re not in this alone! Support is available through the Department of Justice (DOJ) Immigrant and Employee Rights (IER) Office. This office can provide coaching to you for specific situations, facilitate informal consultations with employers, or lead investigations into potential rights violations.
As a way to respond to questions and offer support, the IER provides hotline numbers for workers (which you can also call) as well as for employers. Calls can be anonymous, and language services are available. The hotlines are open 9 AM – 5 PM ET, Monday – Friday.
- Workers (and service providers): 1-800-255-7688
- Employers: 1-800-255-8155
Additional Resources
As you continue to navigate these complex issues with newcomer clients, you may find the following resources helpful:
- Workplace Rights for Newcomers: Part 1 – Debunking Common Misconceptions
- TENT Foundation and Lutheran Immigrant and Refugee Service (LIRS): U.S. Employers’ Guide to Hiring Refugees
- U.S. Department of Justice:
- Employer Fact Sheet
- Worker Fact Sheet
- Employment Discrimination Flyer (Translations available in Arabic, Bosnian, Chinese, Farsi, Filipino, French, Haitian Creole, Hindi, Hmong, Korean, Punjabi, Russian, Spanish, Tagalog, Urdu, and Vietnamese)
- What you need to know about the Form I-9
- Equal Employment Opportunity Commission: EEOC Enforcement Guidance on National Origin Discrimination
- E-Verify: Training on I-9 and E-Verify
