social security: employment%20author
TRANSCRIPT
8/14/2019 Social Security: Employment%20Author
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Employment AuthorizationUnderstanding the System
Lisa S. Roney
Office of Policy and Strategy
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Immigration Reform and
Control Act (IRCA) - 1986 Aim – control illegal immigration: By
eliminating employment opportunity as akey incentive for unauthorized persons to
come to U.S.
Core provision: Employers may only hirepeople who are employment authorized
Implementation: Form I-9, EmploymentEligibility Verification
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- ,Verification
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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.
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-Documents
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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
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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.
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Classes of Noncitizen
Work Authorization
1.Incident to status with a particular
employer
2.Incident to status (any employer)
3.Through approved application
(1) E l t th i d
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(1) Employment authorizedincident 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
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Employment authorizedincident to status with a
specific employerCommon 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]
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(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.
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(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 notspecific to a particular employer
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Employment authorizedincident to status or grantedemployment 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.
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Pointers
Changes effective after November1991 Publication of Form I-9 and M-
274 Handbook for EmployersRestricted vs. Unrestricted SocialSecurity Cards
Asylees
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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 orincident to status
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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
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Unrestricted Social SecurityCards
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Pointer: Asylees
Asylees have several options for meetingForm I-9 and EAD requirements:
List A document: Form I-766 or I-688B EADs, or
Any List B identity document with one of theseList C documents:
Unrestricted Social Security Card
Other type of employment authorization issued byDHS:
− Letter from USCIS or legacy INS asylum officestating it has granted the person asylum; or
− Currently valid Form I-94 indicating the person hasasylum status
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Resources
USCIS Office of Business Liaison:http://uscis.gov/graphics/services/employerinfo/oblhome.htm
Department of Justice Office of SpecialCounsel for Immigration-Related Unfair
Employment Practices− Website: http://www.usdoj.gov/crt/osc/index.html
− Employer Hotline: 1-800-255-81551-800-362-2735 (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/
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Thank you!
Lisa S. RoneyDirector, Research and Evaluation
Office of Policy and Strategy