Construction Program Guide

Immigration and Non-Discrimination Employment Issues in Highway Construction

The FHWA's policies for:

Authority/Legal Basis

1. Laws

   • Discrimination in employment
     1. Title VII of the Civil Rights Act of 1964
     2. Nondiscrimination provisions of the Workforce Investment Act of 1998 (8 USC §1324b)
   • Immigration
     1. Immigration laws of the U.S. Citizenship and Immigration Services

   • Regulations

     • Non-Discrimination
       1. FHWA's regulations for
          1. Equal Employment Opportunity on Federal and Federal-Aid Construction Contracts (Including Supportive Services) (23 CFR 230 Subpart A)
          2. Construction Contract Equal Opportunity Compliance Procedures (23 CFR 230 Subpart D)
       2. U.S. Department of Labor
          1. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (41 CFR Chapter 60) (.pdf)
     • Immigration
       1. Immigration regulations of the U.S. Department of Homeland Security, Citizenship and Immigration Services
       2. US Department of Justice - Unfair Immigration-related Employment Practices (28 CFR Part 44)

2. Orders

   • On June 12, 2008, FHWA's Chief Counsel determined that Executive Order 12989 is not applicable to the Federal-aid highway program. The use of the US Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) "E-verify" system remains voluntary for contractors in the Federal-aid highway program.

3. Policy

   • None

Guidance

1. General Information

   • Contracting Agency / USCIS Roles in Enforcement
   • Immigration
     1. US Citizenship and Immigration Services Employer Information web page
     2. US Citizenship and Immigration Services Handbook for Employers: Instructions for Completing Form I-9 (Rev. 01/05/11), M-274 (.pdf)
     3. US Citizenship and Immigration Services Publication M-584 "I am an Employer . . How do I complete Form I-9, Employment Verification?" (.pdf)
     4. US Citizenship and Immigration Services Publication M-655 "I am an Employer . . How do I Use E-Verify?" (.pdf)

2. Compliance Contact information

   • Immigration
     1. US Immigration and Customs Enforcement toll-free tip line 1-866-DHS-2ICE.

3. Training

   • FHWA Contract Administration Core Curriculum (Course Description)