# Presentation: 671879

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

**Employment Authorization ****Understanding the System**Lisa 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

## 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:
-  a List A document, or
-  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

- Incident to status with a particular employer
- Incident to status (any employer)
- 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