Employment Authorization Understanding the System Lisa S. Roney Office of Policy and Strategy
Immigration Reform and Control Act (IRCA) - 1986 Aim – control illegal immigration: By eliminating employment opportunity as a key incentive for unauthorized persons to come to U.S. Core provision: Employers may only hire people who are employment authorized Implementation: Form I-9, Employment Eligibility Verification
Identity and Employment Authorization Documents List A: Identity and Employment Authorization List B: Identity only List C: Employment Authorization only Employee must present either: (1) a List A document, or (2) a List B and a List C document.
I-9 Employment Authorization Categories U.S. Citizen or National Alien (not a U.S. Citizen or National) Employment authorized incident to status; Employment authorized incident to status with a specific employer; or Must apply for employment authorization Not eligible for employment by a U.S. employer
U.S. Citizen or National Common evidence of employment authorization:* U.S. Passport (unexpired or expired) [LIST A] Unrestricted Social Security card [LIST C] Certification of Birth Abroad issued by Department of State, Form FS-545 or Form DS-1350 [LIST C] U.S. birth certificate [LIST C] *A U.S. citizen or national should NOT have a Form I- 551, Permanent Resident Card, or a Form I-766, Form I-688B, or Form I-864A card as evidence of employment authorization.
Classes of Noncitizen Work Authorization 1.Incident to status with a particular employer 2.Incident to status (any employer) 3.Through approved application
(1) Employment authorized incident to status with a specific employer May only be employed by a specific employer Subject to restrictions indicated as a condition of admission (e.g., length of stay, type of job) Must generally apply for employment authorization document – EAD (Form I-766 or I-688B) as evidence of employment authorization
Employment authorized incident to status with a specific employer Common evidence of employment authorization: I-94 Arrival-Departure Record in unexpired foreign passport [List A] I-94 must have same name as passport and be endorsed with alien's nonimmigrant status Date admitted to must not have expired Proposed employment must not conflict with restrictions or limitations identified on the Form I-94 I-94 without passport [List C]
(2) Employment authorized incident to status Employment authorization not specific to a particular employer. Must present EAD (Form I-766 or I-688B) as evidence of employment authorization.
(3) Must apply for employment authorization Must apply to USCIS on Form I-765 for : Permission for employment authorization and Employment authorization document (Form I-766 or I- 688B) as evidence of employment authorization If granted, employment authorization is not specific to a particular employer
Employment authorized incident to status or granted employment authorization Common evidence of work authorization: Form I-551, Permanent Resident Card Form I-766, Employment Authorization Document Form I-688B, Employment Authorization Card *Only a Lawful Permanent Resident may present a Form I-551, Permanent Resident Card.
Pointers Changes effective after November 1991 Publication of Form I-9 and M-274 Handbook for Employers Restricted vs. Unrestricted Social Security Cards Asylees
Pointer: Changes to I-9 since 11/91 Addition of Form I-766 EAD to List A Deletion of documents from List A I-151 as a document for lawful permanent residents (green card) Certificate of US citizenship Certificate of naturalization Unexpired reentry permits Unexpired refugee travel document Modification of documents in List A I-94 in an unexpired passport acceptable only when individual is authorized to work for specific employer or incident to status
Pointer: Changes to I-9 and Handbook for Employers since 11/91 See USCIS Office of Business Liaison (OBL) Employer Information Bulletin 102 (10/7/05),The I-9 Process in a Nutshell, http://uscis.gov/graphics/services/employerinfo/EIB102.pdf
Pointer: Restricted vs. Unrestricted Social Security Cards
Pointer: Asylees Asylees have several options for meeting Form I-9 and EAD requirements: List A document: Form I-766 or I-688B EADs, or Any List B identity document with one of these List C documents: Unrestricted Social Security Card Other type of employment authorization issued by DHS: Letter from USCIS or legacy INS asylum office stating it has granted the person asylum; or Currently valid Form I-94 indicating the person has asylum status
Resources USCIS Office of Business Liaison: http://uscis.gov/graphics/services/employerinfo/oblhome.htm Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices Website: http://www.usdoj.gov/crt/osc/index.html Employer Hotline: 1-800-255-8155 1-800-362-2735 (TDD for hearing impaired) Student employment information: http://www.ice.gov/graphics/sevis/employment/index.htm Electronic signature and storage of Form I-9: http://www.ice.gov/graphics/news/factsheets/i-9employment.htm Social Security Cards: http://www.ssa.gov/ssnumber/
Thank you! Lisa S. Roney Director, Research and Evaluation Office of Policy and Strategy