Employment Authorization Understanding the System Lisa S Roney

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

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.

Form I-9 Lists of Acceptable Documents

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-688 B, or Form I-864 A 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 -688 B) 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 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-688 B) 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 688 B) 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-688 B, 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/EIB 102. pdf

Pointer: Restricted vs. Unrestricted Social Security Cards

Pointer: Asylees have several options for meeting Form I -9 and EAD requirements: § List A document: Form I-766 or I-688 B 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-9 employment. htm § Social Security Cards: http: //www. ssa. gov/ssnumber/

Thank you! Lisa S. Roney Director, Research and Evaluation Office of Policy and Strategy