Nonimmigrant workers in the United States have employment rights, despite their temporary immigration status. Under federal law, it is illegal to discriminate against any worker, regardless of immigration status. 8 U.S.C. § 1324b of the Immigration and Nationality Act (INA) prohibits discrimination based on: (i) citizenship status discrimination in hiring, firing, or recruitment or referral for a fee; (ii) national origin discrimination in hiring, firing, or recruitment or referral for a fee; (iii) unfair documentary practices during the employment eligibility verification, Form I-9 and E-Verify, and (iv) retaliation or intimidation.
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