The Office of Special Counsel for Immigration-Related Unfair Employment Practices recently warned against a staffing agency’s selective use of E-Verify based on client demand because it could create the appearance of prohibited citizenship status or national origin discrimination, which could lead to workers filing discrimination charges. The OSC noted that when an employer or E-Verify Employer Agent uses E-Verify selectively for reasons wholly unrelated to an individual’s citizenship status or national origin, that selective use would likely not violate the anti-discrimination provision. Employers conducting internal Form I-9 audits should conduct the audits in a consistent manner – treating similarly-situated employees in a similar manner – and should not treat employees differently based on citizenship status or national origin. If an employer identifies documentation that does not appear reasonably genuine or to relate to the employee, the employer may ask the employee for an alternative document, but the employer cannot ask for a specific document to be produced. It is up the employee to choose an alternative document from the list of acceptable documents.