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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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Employment authorization understanding the system lisa s roney office of policy and strategy

Employment Authorization Understanding the SystemLisa S. RoneyOffice 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

Immigration Reform and Control Act (IRCA) - 1986



Identity and employment authorization documents

List A: Identity and Employment Authorization

List B: Identity only

List C: Employment Authorization only

Employee must present either:

a List A document, or

a List B and a List C document.

Identity and Employment Authorization 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

I-9 Employment Authorization Categories


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]

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.


Classes of noncitizen work authorization

Incident to status with a particular employer

Incident to status (any employer)

Through approved application

Classes of NoncitizenWork Authorization


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

(1) Employment authorized incident to status with a specific employer


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]

Employment authorized incident to status with a specific employer


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.

(2) Employment authorized incident to status


3 must apply for employment authorization

Must apply to USCIS on Form I-765 for employer.:

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

(3) Must apply for employment authorization


Employment authorized incident to status or granted employment authorization

Common evidence of work authorization: employer.

Form I-551, Permanent Resident Card

Form I-766, Employment Authorization Document

Form I-688B, Employment Authorization Card

Employment authorized incident to status or granted employment authorization

*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

Pointers


Pointer changes to i 9 since 11 91

Addition of Form I-766 EAD to List A I-9 and M-274 Handbook for Employers

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 since 11/91


Pointer changes to i 9 and handbook for employers since 11 91

See USCIS Office of Business Liaison (OBL) I-9 and M-274 Handbook for Employers

Employer Information Bulletin 102 (10/7/05),The I-9 Process in a Nutshell,

http://uscis.gov/graphics/services/employerinfo/EIB102.pdf

Pointer: Changes to I-9 and Handbook for Employers since 11/91



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

Pointer: Asylees


Resources

USCIS Office of Business Liaison: requirements: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/

Resources


Thank you

Lisa S. Roney requirements:

Director, Research and Evaluation

Office of Policy and Strategy

Thank you!


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