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U.S. Department of Justice
Civil Rights Division
Office ofSpec/aI Counselfor Immigration-Related
Unfatr Employment Practices - NYA
950 Pennsylvania Ave, NW
Washington, DC 20530
Main (202) 616-5594
Fax (202) 616-5509
MAY 30 2012
Via First Class Mail and E-Mail (ezendejas@crla.org)
Esmeralda Zendejas
Migrant Attorney .
California Rural Legal Assistance, Inc.
145 E. Weber Avenue
Stockton, CA 95202
Dear Ms. Zendejas:
This is in response to your February 1,2012, email seeking clarity as to when eligibility
for naturalization begins for a lawful permanent resident as applied under the anti-discrimination
provision. Specifically, you write in your email: "Your website identifies the exception to
protection to legal permanent residents is that citizenship status discrimination does not apply to
permanent residents who do not apply for naturalization within six months of eligibility. I was
wondering if you could clarify when eligibility would kick in for an LPR." You further ask
whether the eligibility timeframe is typically within three to five years of obtaining LPR status or
whether that timeframe can vary.
As you know, the Office of Special Counsel for Immigration-Related Unfair Employment
Practices ("OSC") investigates and resolves charges of national origin and citizenship status
discrimination, as well as over-documentation in the employment eligibility verification process
("document abuse") and retaliation under the anti-discrimination provision of the Immigration
and Nationality Act ("INA"), 8 U.S.C. §1324b. Please note that OSC cannot provide an advisory
opinion on any particular instance of alleged discrimination or on any set of facts involving a
particular individual or entity; however, we can provide some general guidelines regarding
compliance with the anti-discrimination provision of the Immigration and Nationality Act (INA);
As you correctly note, "an alien who fails to apply for naturalization within six months of
the date the alien first becomes eligible" is not a "protected individual" under 8 U.S.C. §
1324b(3)(B) and is thus not protected from citizenship status discrimination. However, all work
authorized individuals are protected against other forms of discrimination under the anti
discrimination provision, including document .abuse -the request for more or different
documents, or the rejection of reasonably genuine looking documents in the employment
eligibility verification process based on national origin or citizenship status. United States v.
Townsend Culinary, Inc., 8 OCAHO no. 1032 (1999) (relief ordered for all victims of document
abuse without distinction as to status as a "protected individual"); United States v. Guardsmark,

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United States v. Guardsmark, Inc., 3 OCAHO no. 572 (1993) (all work authorized individuals
are protected from document abuse).
The eligibility requirements for naturalization are discussed at length in the Immigration
and Nationality Act ("INA"), 8 U.S.C. §§ 1421-59 and most specifically, at 8 U.S.C. § 1427.
The six-month period under § 1324b(3)(B) begins tolling as soon as the alien meets all ofthe
requirements under the INA and is eligible to naturalize. Most often, a lawful permanent
resident becomes eligible after five years of lawful permanent resident status, but still must meet
a number of additional criteria. Because the requirements differ according to those criteria, there
is no set length of time that every lawful permanent resident must hold permanent resident status
prior to becoming eligible. For instance, a permanent resident who has been married for three
years to the same U.S. citizen would become eligible after continuous residency for three years.
However, additional factors may influence the timeframe, such as periods of residence outside of
the United States. For more information about naturalization eligibility criteria you may visit the
USCIS website naturalization subpage, available at
http://www. uscis. gov/portal/site/uscis/menuitem.eb 1 d4c2a3e5b9ac89243c6a7 543 f6d 1 aI?vgnexto
id=598da2f39b lab21 OVgnVCM1 00000082ca60aRCRD&vgnextchannel=598da2f39b 1 ab21 OVg
nVCM100000082ca60aRCRD. You may also contact USCIS by telephone atl-800-375-5283.
We hope this information is of assistance to you.
Sincerely,
SeemaNanda
Acting Deputy Special Counsel