 |
REFUGEEWORKS NEWS
Focus on Employment Authorization Documents September 1, 2008 -- Refugees often receive their Employment Authorization Document (EAD) before their Social Security card or other document that verify identity and employment eligibility -- making in some cases the EAD the first document that employers view when a refugee secures a job.
There is a growing trend of refugees losing their jobs because of expired Employment Authorization Documents (EAD). It appears that employers may be becoming less flexible, even within the parameters of the law, when it comes to documentation of employment authorization by applicants for employment. The Immigration Reform and Control Act (IRCA), enacted in 1986 states that employers may not specify a document or combination of documents from the Form I-9 that the individual must present. The employee need only present any one document from List A, or in the alternative, any one document each from List B and C for two documents total. For an employer to demand a particular document over another allowable document may violate section 274B of the Act.
Employment eligibility verification is required for citizens and non-citizens alike. There are a variety of documents in Lists A-C of the Form I-9 that establish identity and employment eligibility, in addition to the EAD, that can be presented to the employer according to the statutory framework, currently implemented by regulation at 8 CFR 274a.2.
Given the increase in immigration raids and media attention to immigration enforcement and immigration reform in general, it is not surprising that some employers are reluctant to consider appropriate documents other than the EAD to establish work authorization. At the same time, the expense and wait time for a new EAD can be an obstacle to employment for refugees who are just entering the workforce in the U.S.
Refugee employment professionals can help to educate employers about the law's requirements and support job retention for new American workers. You may use the following resources in your advocacy and education efforts.
Download a summary of the pertinent statutes in 8 CFR Parts 274a and 299.
The National Immigration Law Center also clarifies that refugees and asylees are eligible for work with or without an Employment Authorization Document here.
Both the U.S. Department of Justice's Civil Rights Division Office of Special Counsel and the Department of Homeland Security's Bureau of Citizenship and Immigration Services have official memos that outline refugee and asylee work eligibility. Download the OSC and DHS memos.
Lastly, in state letter 01-30, the Director of the Office of Refugee Resettlement provides information on employment eligibility for ORR-assisted populations.
Visit the EAD/Documentation thread on the RefugeeWorks forum to ask question and continue the discussion.
|
|
|
|
EMPLOYEE RIGHTS
REFERENCE TOOLS
Sample Intake Form
CLINIC, Inc. (PDF)
Sample Work Records
National Employment Law Project (PDF)
Immigrant Employee Rights Handout
CLINIC, Inc. (PDF)
Multi-lingual Brochures
About Employee Rights
Office of Special Counsel
for Immigration-Related
Unfair Employment Practices
www.workplacefairness.org
Workplace Fairness
ARTICLES RELATED TO EMPLOYEE RIGHTS
Misclassification of Employees
as “Independent Contractors”
National Employment Law Project (PDF)
Frequently Asked Questions
Office of Special Counsel for
Immigration-Related Unfair
Employment Practices
|
|
|
