How is an asylee or refugee different from other "non-citizens authorized to work" when completing I-9?
Refugees and asylees are employment eligible incident to their status and are authorized to work indefinitely because their immigration status does not expire. Therefore, in Section 1 of the I-9, a refugee/asylee will check status option 4 "A noncitizen authorized to work" and does not need to complete the Expiration Date or may write "N/A," even if they have an Form I-766 Employment Authorization Document (EAD) with an expiration date. Employers are prohibited from requiring evidence of an EAD from refugees/asylees due to their protected status. However, all other employees who check Status 4 "non citizen authorized to work," will need to complete the expiration date field. If these employees write N/A in the date field or leave the field blank, the Form I-9 is invalid and would need to be redone. For detailed information about asylees and refugees, please review Section 7.3 Refugees and Asylees of USCIS Handbook for Employers M-274.
How will I know if an employee who selects option #4 for their citizen or immigration status will have an expiration date?
Employees with an immigration status of asylee or refugee are the only individuals who can select this option and leave the corresponding date field blank. All others will have a date in which they are authorized to work until, and it must be entered in this field for the form to be valid.
Is a foreign passport alone a sufficient List A document for an NRA?
No. The foreign passport must be accompanied by a Form I-94 or Form I-94A with Arrival-Departure Record and contain an endorsement to work to be considered an acceptable List A document. See the List of Acceptable Documents.
Can an NRA present a restricted Social Security card for a List C document?
No. Social Security cards that are issued to individuals in the United States on a temporary basis are stamped with one of the following restrictions and are not valid List C documents:
- “VALID FOR WORK ONLY WITH DHS AUTHORIZATION”
- “VALID FOR WORK ONLY WITH INS AUTHORIZATION”
- “NOT VALID FOR EMPLOYMENT”
If an employee doesn't have a SSN card but has applied for one, is there a requirement for how soon the employee must provide their social security number for Form I-9 processing?
The Social Security Administration states that applicants should receive their SSN card within two to four weeks after the Administration has received everything needed to process the application. It is recommended that departments follow up with employees on a weekly basis until a copy of the card is obtained. Valid social security numbers are required for year-end W-2/1042S reporting to the federal government.
What is the process for NRAs when they receive their social security card?
See the NRAs Without a Social Security Number section of this manual for detailed instructions.