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Employment Authorization Understanding the System Lisa S. Roney Office of Policy and Strategy. Aim – control illegal immigration: By eliminating employment opportunity as a key incentive for unauthorized persons to come to U.S.
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Core provision: Employers may only hire people who are employment authorized
Implementation: Form I-9, Employment Eligibility VerificationImmigration Reform and Control Act (IRCA) - 1986
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]U.S. Citizen or National
*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.
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(1) Employment authorized incident to status with a specific employer
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]Employment authorized incident to status with a specific employer
Must present EAD (Form I-766 or I-688B) as evidence of employment authorization.(2) Employment authorized incident to status
Form I-551, Permanent Resident Card
Form I-766, Employment Authorization Document
Form I-688B, Employment Authorization CardEmployment authorized incident to status or granted employment authorization
*Only a Lawful Permanent Resident may present a Form I-551, Permanent Resident Card.
Restricted vs. Unrestricted Social Security Cards
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 statusPointer: Changes to I-9 since 11/91
Employer Information Bulletin 102 (10/7/05),The I-9 Process in a Nutshell,
http://uscis.gov/graphics/services/employerinfo/EIB102.pdfPointer: Changes to I-9 and Handbook for Employers since 11/91
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 statusPointer: Asylees
Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices
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/Resources