Employment Authorization Understanding the System Lisa S. Roney Office of Policy and Strategy

Immigration Reform and Control Act (IRCA)  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-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,

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:  Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices  Website:  Employer Hotline: (TDD for hearing impaired)  Student employment information:  Electronic signature and storage of Form I-9:  Social Security Cards:

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