Social Security: Employment%20Author

8/14/2019 Social Security: Employment%20Author

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Employment AuthorizationUnderstanding the System

Lisa S. Roney

Office of Policy and Strategy



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



- ,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.



-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) E l t th i d



(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



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]



(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 notspecific to a particular employer



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.



Pointers

Changes effective after November1991 Publication of Form I-9 and M-

274 Handbook for EmployersRestricted vs. Unrestricted SocialSecurity 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 orincident 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



Unrestricted Social SecurityCards



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



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/



Thank you!

Lisa S. RoneyDirector, Research and Evaluation

Office of Policy and Strategy

Social Security: Employment%20Author

Documents

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