Archive | SSN and Driver’s License Issurance RSS for this section

Florida Immigrant Coalition’s “Drive for Common Sense” seeks Drivers Licenses for all Floridians Regardless of Immigration Status

The Florida Immigrant Coalition (FLIC) is a statewide coalition of more than 30 member organizations and over 100 allies, founded in 1998 and formally incorporated in 2004.

Sample FL ID card

Sample Florida ID Card (source: http://www.flhsmv.gov)

The FLIC has organized “The drive for common sense” which would allow Florida drivers to hold a driver’s license regardless of immigration status.  A petition endorsing this position is available to sign on FLIC’s website which elaborates on the status quo:

Read More…

Fact Sheet on Obtaining Social Security Number for Deferred Action For Childhood Arrivals (DACA)

VIA SSA.gov

Social Security Number Fact Sheet for Deferred Action For Childhood Arrivals (DACA)

Am I eligible for a Social Security number?

• If the U.S. Citizenship and Immigration Services (USCIS) grants you Deferred Action status and employment authorization, you may be eligible for a Social Security number.
• After you receive your Employment Authorization Card (I-766) from USCIS, you can apply for a Social Security number.

How do I apply for a Social Security number?

• You must visit a Social Security office in person to complete and sign an application for a Social Security number. Find your local office at http://www.socialsecurity.gov/locator.
• You must bring your USCIS-issued Employment Authorization Card (I-766) and proof of age and identity.

Read More…

OIG Audit Report on Use of SSNs by H-1B Workers

VIA SSA.gov
A September 2011 audit report claims that 18% of H-1B workers’ SSNs audited by SSA may have used their SSNs for purposes other than to work for their approved employer.  
“Based on the results of our review, we estimate about 7,131 (18 percent) of the 38,546 H-1B workers to whom SSA assigned an SSN in 2007 may have used their SSNs for purposes other than to work for their approved employer.  This estimate includes about 4,433 (11 percent) H-1B workers who had posted wages during our audit period from an employer other than their DHS-approved employer.  This estimate also includes about 2,698 (7 percent) H-1B workers who had no posted wages from 2007 through 2009.
To enhance SSN integrity, we believe SSA should contact DHS to offer to establish a data match agreement to assist DHS’ efforts to identify and reduce the number of H-1B workers who may use their SSNs for purposes other than to work for their approved employer.”

Florida Driver License Acceptable Documents List

<a href="/files/4941-4844/AcceptableDocuments.pdf”>A list of acceptable documents for issue of a Florida Driver License from T.N. Prakash, Deputy Director, Program Operations, Division of Driver Licenses.

Answering a reader’s comment regarding NY driver’s licenses

Answering a reader comment regarding my post below:

Interesting article by Clark Kent Ervin discusses the benefits of the controversial (thanks to Lou Dobbs) NY plan to provide Driver’s Licenses for undocumented people.”

The reader comment is in bold, my response is in italics.

The reference to Lou Dobbs is troubling. He simply brought the issue to the public’s attention and the public predictably opposed it. Californians already booted ex-Governor Gray Davis from office because he too tried to give licenses to illegal aliens. Of course New Yorkers are going to react the same way.

The most troubling thing about the open-border crowd, however, is their attempt to advance pro-illegal alien policies in secret. Mr. Sharma seems upset that Dobbs shed light on the subject. The Bush Administration was upset that the recent amnesty was actually debated; recall that supporting senators didn’t want to put it through committee. Same with the DREAM Act.

This is an issue of the elites trying to avoid public input. Dobbs wants public input. For anyone to lament increased public input is troubling.

- JD

—–


To set your mind at ease, I would like to formally declare that I am not upset at Dobbs and I don’t lament public input.   Though you appear to be doubley “troubled” by my public input.  The real issue is that the idea to grant such licenses is not far-fetched, nor unique to New York, nor even a new idea.  Several states currently grant Driver’s Licenses to undocumented people on a regular and systematic basis.  And they have been doing it for years, openly, bereft of special attention.  What people like Lou Dobbs (likeable fellow) do though, is largely enflame the passions of people who have 8 minutes of CNN or FOX NEWS scholarship on the subject.  Why are some people so hysterical about the New York driver’s license issue when as of 2006 the following states did not have a Legal Presence Requirement?

Alaska, Delaware, District of Columbia,  Hawaii, Illinois, Indiana, Iowa, Maryland, Massachusetts, Michigan, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oregon, Rhode Island, Tennessee, Utah, Washington, West Virginia, Wisconsin, Texas.

- Ashwin

Why N.Y. driver’s license plan might make us safer

Via USAToday.com

Interesting article by Clark Kent Ervin discusses the benefits of the controversial (thanks to Lou Dobbs) NY plan to provide Driver’s Licenses for undocumented people.

Mom, teen relieved after immigration flap

BY BONNIE DELANEY
TOMS RIVER BUREAU


BERKELEY — Andrea MacArthur is beginning to see light at the end of
the tunnel in her quest to become an American citizen — but the past
few days have been a roller coaster for the 19-year-old Ocean County
College student.

Recently, she was unable to renew her driver’s
license because she lacked the proper credentials from the U.S.
Citizenship and Immigration Services department.

Buoyed by
support she received from those who read a story about her plight on
Tuesday, it was only one day later she received a message from her
employer that she should not return to work until she has the proper
documentation.

Last month, MacArthur had celebrated the first anniversary of her part-time job at Kohl’s in Toms River.

“She called me up crying after she received that message,” said MacArthur’s mother, Gail Carnevale, 40, of Berkeley.

So, Carnevale did what any other mother would do.

She
took the day off from her own job and she and her daughter drove to the
immigration offices in Newark, arriving hours before the office opened
Thursday morning.

“I talked to my contact with immigration in
Washington, D.C. and learned that the Newark office occasionally takes
walk-ins,” Carnevale said.

When the office opened, Carnevale and
MacArthur explained their problem to the person at the reception desk,
who told them no one was seen without an appointment and the office no
longer stamped passports.

“So, we sat there and finally the head
of security told us we couldn’t wait there. He told us to wait in the
cafeteria and to make our phone calls there,” Carnevale said.

Carnevale
said she then put calls in to the Washington, D.C., immigration office
as well as the office of Rep. H. James Saxton, R-N.J.

Saxton had helped her become a citizen and his aides were trying to help MacArthur.

As
Carnevale was waiting for her calls to be returned, she noticed
numerous lawyers talking to clients and she walked up to one to ask for
help.

“I didn’t know what else to do. I was ready to hire someone right there if I could,” she said.

After
she was turned away by two lawyers, a third lawyer agreed to walk her
over to the immigration case worker who was handling her case.

“She
told me she knew him (the case worker) and she would introduce me,”
Carnevale said. “She (the lawyer) helped us out of the goodness of her
heart.”

Continue reading

Immigration Law Toughens License ID Requirements in Colorado

VIA CBS4

DENVER
New immigration laws in Colorado have made it more difficult for some people to prove their identity and get a driver’s license. The Colorado Department of Revenue
has interpreted the new law to mean that passports are not an
acceptable as a form of identification by themselves when issuing
driver’s licenses in the state.

The new rules, in combination
with old laws about birth certificates have created challenges for
people like Anne Sample who lost her wallet.

Because her birth
certificate was issued by a city, and not a state or county, the
workers would not accept that as a form of identification.

Sample is now waiting for a new birth certificate from the state and county where she was born.

Others have been turned away when using a passport as a form of identification at the DMV.

“The
reality is that is a premiere document used by the federal government
to alert everyone to the fact that you are who you are,” said Maureen
Farrell of the Colorado Center on Law and Policy.

“It came to
our attention that passports were issued in names other than an
individual’s full legal name,” said Michael Cooke, director of the
Colorado Department of Revenue. “The law requires that I prove lawful
presence and use full legal names and if a passport doesn’t get there,
I’m going to have to ask for something else.”

Click here for a list of the driver’s license identification requirements in Colorado.

American dream sours for an exile

Via MiamiHerald.com
08/28/2006

For 12 years, Julio Rosell has lived, worked and paid taxes from his
roomy, idyllic Hollywood home — his lawn freshly mowed; his two cars
polished; his boat luxurious.

He fathered two American-born children: 10-year-old Jeannette and 9-year-old Julio Jr.

As a Cuban exile, he expected his American dream to continue.

But now Rosell finds himself in a situation unfamiliar to most Cuban exiles. His immigration status is in limbo.

The 41-year-old Havana native lost his bid for a green card because
he came to the United States as a stowaway. While he won’t likely be
deported, he cannot legally drive or work now.

”No one seems to care,” said his wife, Caroline Rosell, whose own
status depends on her husband’s. “My husband has no driver’s license,
mine’s about to expire and we are supposed to be supporting two kids
financially. I wonder how they really expect us to live — without
papers or a driver’s license.”

In the decade he adjusted to the American way of life, no one told Rosell he shouldn’t be here.

Continue reading

IMMIGRATION WOES: U.S. gives teenager approval to work

Via The Toledo Blade
08/12/2006


Bartsch



PANDORA, Ohio – In time to start college this
fall, a German-born teenager who has been fighting to stay in the
United States has been granted employment authorization by U.S.
immigration officials, his attorney said yesterday.

That means Manuel Bartsch can for the first time get a Social Security
number, a driver’s license, a job, go to college, and as he put it, “be
normal.”
Mr. Bartsch, 19, made international headlines in December when he was
jailed and ordered deported after meeting with immigration officials in
Cleveland to try to iron out his legal status.
He ultimately was released and allowed to finish his senior year at
Pandora-Gilboa High School, but his future remains uncertain as he
awaits an as yet-unscheduled hearing in immigration court.
“The key thing is, he’s not subject to immediate removal or detention,”
his attorney, David Leopold, said. “This development is a good one
because it permits him at least in the interim to continue to get his
education.”
Mr. Bartsch said in a telephone interview that he was scheduled to
begin business courses at the University of Northwestern Ohio in Lima
on Oct. 3. He took a placement test at the private college Thursday, he
said, but was not able to register for classes because he lacked a
Social Security number.
Shawn Saucier, spokesman for U.S. Citizenship and Immigration Services,
confirmed that an employment authorization document would enable Mr.
Bartsch to get a Social Security number and legally work in the United
States. Admission to college is dependent upon the college, he said.
Mr. Bartsch, who was accepted to the University of Northwestern Ohio
before he graduated in May, said he was encouraged by the latest
development in his case.
“I’ve been hanging out with my uncle and friends – just trying to have
a good time,” he said. “That’s about all I could do. I’m not allowed to
work at all. I’ve had some boring days. I’ve done a lot of Xbox
playing.”
The teenager was born in 1987 in Germany, where he was reared by his
grandparents. His grandmother was killed in an auto accident in 1993.
His step-grandfather, Toby Deal, brought him to Putnam County on a 90-day visa waiver when he was 10.
Mr. Bartsch didn’t learn until he was much older that Mr. Deal never
filled out the necessary forms that would have made it legal for him to
stay in the country. Over Christmas break, he went to Cleveland to try
to straighten out his situation with immigration officials, but instead
he spent two weeks in jail.
Mr. Leopold, a Cleveland immigration attorney, took his case for free
and was able to get a federal immigration judge to listen to Mr.
Bartsch’s story.
U.S. Immigration and Customs Enforcement agreed to release Mr. Bartsch,
and his case is now on hold while two private immigration bills
intended to give him permanent resident status make their way through
Congress.
Mr. Bartsch, who is now living with Mr. Deal’s brother, Chuck, near
Ottawa, Ohio, said he was “just glad that I got the work authorization
so I can go to school and hopefully wait it out.”

SSA Updates Guidance Manual to Include E and L Spouses As Authorized to Work Without DHS Authorization

RM 00203.500 Employment Authorization for Nonimmigrants




A. Introduction


The Department of Homeland Security (DHS) determines whether an alien can work in either employment or self-employment in the U.S. Under certain circumstances, DHS authorizes nonimmigrants to work. Some nonimmigrant aliens have employment authorization by virtue of their alien classification. Some can work but only for specific employers. Others must apply to DHS for employment authorization. Still others are not allowed to work while in the U.S. and cannot apply to DHS for authorization to work.


It is important to distinguish whether the alien can work and what document(s) is needed to establish authorization to work.


B. Policy – Evidence of Employment Authorization


Required evidence for employment authorization is either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization (RM00203.500C.1.) or an employment authorization document (EAD) (Form I-766 or I-688.


DO NOT process an application for an SSN card for an alien for work purposes unless the alien is authorized to work and shows the appropriate immigration document authorizing work. See RM 00203.510 and RM 00203.560 for processing SS-5s to issue SSN cards for nonwork purposes.


1. General – Evidence of Employment Authorization


Employment authorization for nonimmigrants can be determined by:




  • the alien’s class of admission code as shown on the I-94 (the non-immigrant classifications shown on the I-94 with employment authorization inherent in status are listed in RM 00203.500C.1.); or



  • the stamp or annotation on the I-94 shows the alien has been admitted as a refugee (see RM 00203.460B.); or



  • the stamp or annotation on the I-94 shows the alien had been granted asylum (see RM 00203.460D.) ; or



  • the Executive Office of Immigration Review granted the alien asylum and issued an order stating this (see RM 00203.460D.); or



  • the DHS-issued Employment Authorization Document (EAD), either Form I-766 or I-688B.



  • the designated school official’s annotation on Form I-20 A-B for certain F-1s or documentation of on-campus work (see RM 00203.470 ); or



  • the category shown on the DS-2019 for J-1s or a sponsor’s letter if the J-1 category is “student” or “international visitor” (see RM 00203.480).


The documents listed above are the only documents which FOs may accept as evidence of employment authorization.


NOTE: In some situations, the alien was issued an I-94 when admitted to the U.S. Later, applied for another immigration benefit and DHS issued the alien an EAD card. The alien may apply for an SSN card after the I-94 expired. If the alien shows a currently valid EAD, this is acceptable proof of authorization to work. In this situation, do not consider the expired I-94 when making a decision about alien status/work authorization; consider only the current immigration document (the EAD card).


2. Form I-766 or I-688B, Employment Authorization Document (EAD)


a. General


DHS issues Form I-766 and I-688B EAD cards to certain aliens regardless of age who are temporarily work authorized (see RM 00203.500C.2). The I-766 and I-688B are both standardized and uniform documents that provide evidence of authorization for the alien to accept temporary employment in the U.S.


Each card contains the following:




  • A statement of any regulatory limits on the time elements involved and a definite date as to when employment begins and ends (not indefinite).



  • A statement of any regulatory limits on the type of employment authorized (e.g., “A-5” or “274A.12 (A)(5)) or the statement “Without Further Limitation, “ if no such regulatory limits exist.


NOTE: DHS does not issue EAD cards to aliens lawfully admitted for permanent residence or nonimmigrants whose work authorization is incident to their class of admission.


b. Description


The I-766 is a card produced mechanically by an integrated card processing system only at DHS service centers. Form I-688B is a manually prepared laminated card produced and issued at local USCIS offices servicing the area where the person resides.


The front of both cards contains the alien’s photograph, fingerprint (or “W” for waived in lieu of the fingerprint), signature, biographic information (name, date of birth), the provision of law or category allowing the alien to work, any restrictions as to type or length of employment authorization, and the date and place of issue.


The issuing office’s location code is on the right side of the photo box on the I-688B. This code is four letters which indicates the District or POE code and the specific workstation at that location that issued the card.


See the ACM for exhibits of authentic I-766 and I-688B cards.


REMINDER: Any EAD card that does not conform to these criteria is not acceptable.


3. Period of Authorization to Work


The period during which the alien is authorized to work in the U.S. is shown on the face of the EAD card or on other documents such as the I-20 A-B.


Generally, when DHS extends the validity period of an EAD card a new card is not issued but rather an extension sticker is affixed to the card.


4. Automatic Extension of Validity Period


a. General


In certain extreme situations DHS may automatically extend the validity period of the EAD card for a temporary period but may not affix an extension sticker to the card.


Generally, these are situations where the extension applies to a significant number of aliens who either previously applied for or were granted Temporary Protected Status (TPS) and were previously issued EAD cards by DHS. If the designated TPS period expires but the country cannot receive the TPS aliens back, DHS may extend the TPS period for certain people from that country. In certain cases, the expiration period of the previously issued EAD card may be automatically extended for a temporary period until DHS can process replacement EAD cards for all affected aliens (see RM 00203.500B.4.c. for EAD cards issued to nationals of certain countries that are currently automatically extended).


In these cases, SAVE will not verify that the EAD card has automatically been extended or show the new expiration date of the employment period until the replacement EAD card is issued. If the alien has not received the new EAD card and submits the expired EAD card, the online SAVE query response will show “Institute Additional Verification.” Although the validity period of the document has automatically been extended, the new expiration date is not reflected in the DHS system. You must send a G-845 to the appropriate DHS office to verify that the expired document was validly issued (see RM 00203.748).


b. Processing the SS-5 When the Validity of EAD Card Has Been Automatically Extended


To process the SS-5 through the SS-5 Assistant in this situation, enter on the POC/Proof of Alien Status screen the expiration date for the EAD card as “D/S;” and the “category” or “provision of law” as “Other.”


Since the SAVE query response will show “Institute Additional Verification,” use the SS-5 Assistant to generate Form G-845. Send the completed G-845 to the appropriate DHS office (see RM 00203.748for the appropriate DHS office address). The G-845 response from DHS will generally show item 12. a. checked (“This document is not valid because it appears to be expired.”). Therefore when DHS returns the G-845 with this response, in Update Mode of the SS-5 Assistant:




  • Select Update Option #10 G-845 Received from the SS-5 Assistant Update Options screen



  • Check Block # 3, “This Document appears valid and relates to an alien authorized employment as indicated below:” on the SS-5 Assistant G845 Section B. Screen.



  • Select the “Full Time” and “Expires on” radio buttons and input the expiration date of (the date of the automatic extension).


Do not check block #12 “This document is not valid because it appears to be – expired” on the G-845 Section B. Screen in SS-5 Assistant because when you do this the case will remain in suspect status and you will not be able to clear the SS-5 application.


If DHS returns the G-845 and it shows a different response follow the appropriate instructions for the response provided (RM00203.740E.).


c. Automatic Extension of Validity Period of EADs issued to certain citizens/residents of Honduras and Nicaragua


DHS automatically extended until January 5, 2007, the EADs for certain Hondurans and Nicaraguans who applied for TPS and whose I-766 EAD cards expired on July 5, 2006.


DHS published notices in the Federal Register on March 31, 2006, about the extension of TPS for Honduras and Nicaragua and the automatic extension of employment authorization for certain nationals of these countries.


Because all aliens who qualify for this automatic extension have I-766 EAD cards and have continuously resided in the U.S. since December 30, 1998, most have been assigned SSNs but may apply for a replacement SSN card.


Many Honduran and Nicaraguan TPS re-registrants will not receive their new EAD cards until after their current I-766s expire. Therefore, DHS is automatically extending until January 5, 2007, the validity of I-766 EADs issued to certain nationals of Honduras and Nicaragua when the EAD cards expire on July 5, 2006. Re-registrants for TPS must apply to DHS for new EAD cards authorizing them to work after January 5, 2007.


Accept as valid through January 4, 2007, an I-766 EAD card for an alien who is a national of Honduras or Nicaragua when the I-766 expired on July 5, 2006 and shows the notation “A-12” or “C-19” on the face of the card under “Category.” Use the Numident record (when the person applies for a replacement SSN card), the alien’s expired I-94, or other evidence showing nationality to establish that he/she is a national of Honduras or Nicaragua.


When the G-845 shows “This document is not valid because it appears to be expired,” as the response for an EAD that expired on July 5, 2006, and the bearer is a national of Honduras or Nicaragua, presume the validity period of the EAD has automatically been extended until January 5, 2007. If the G-845 shows another response, follow RM 00203.740 E. (Procedure – Interpreting the G-845 Response).


When processing the SS-5 through the SS-5 Assistant, add the remark “HOND” or “NIC,” as appropriate in the Additional Remarks field on the Print Summary Screen.


d. Automatic Extension of Validity Period of EADs Issued to Certain Citizens/residents of El Salvador


DHS automatically extended until March 9, 2007, the EAD cards for certain El Salvadorans who applied for TPS and whose I-766 EAD cards expired on July 5, 2006 or whose cards will expire on September 9, 2006 or September 30, 2006.


DHS published a notice in the Federal Register on June 15, 2006, about the extension of TPS for El Salvadorans and the automatic extension of employment authorization for certain nationals of this country.


Because all aliens who qualify for this automatic extension of the validity period of the I-766 EAD cards have continuously resided in the U.S. since before March 9, 2001, most have been assigned SSNs but may apply for replacement SSN cards.


Many El Salvadoran TPS re-registrants will not receive their new EAD cards (with an expiration date of September 9, 2007) until after their current I-766 cards expire. Therefore, DHS is automatically extending until March 9, 2007, the validity of I-766 EAD cards issued to certain nationals of El Salvador when the EAD cards expired on July 5, 2006, or will expire on September 9, 2006, or September 30, 2006. Re-registrants for TPS must apply to DHS for new EAD cards authorizing them to work after March 9, 2007.


Accept as valid through March 8, 2007, an I-766 EAD card issued to an alien who is a national or resident of El Salvador when the I-766 card expired on July 5, 2006 or will expire on September 9, 2006, or September 30, 2006, and shows the notation “A-12” or “C-19” on the face of the card under “Category.” Use the Numident record (when the person applies for a replacement SSN card), the alien’s expired I-94, or other evidence showing nationality to establish that he/she is a national of El Salvador.


When the G-845 response shows “This document is not valid because it appears to be expired,” as the response for an EAD that expired on July 5, 2006, September 9, 2006, or September 30, 2006, and the bearer is a national of El Salvador, presume the validity period of the EAD card has automatically been extended until March 9, 2007 when the document shows “A-12” or “C-19” under Category. If the G-845 shows another response, follow RM 00203.740E. (Procedure – Interpreting the G-845 Response).


When processing the SS-5 through the SS-5 Assistant, add the remark “EL SAL” as appropriate in the Additional Remarks field on the Print Summary Screen.


C. Policy – Employment Authorization by Class of Admission


The following policy applies to employment authorization by class of admission:


1. Aliens Work Authorized Without Specific DHS Authorization


The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.


For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.


For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (issued prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).


NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1,, RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.











































































































































Class of Admission


Description


A-1*


Ambassador, public minister, career diplomat or consular officer


A-2*


Other foreign government official or employee


A-3*


Attendant, servant, or personal employee of principal A-1, or A-2


C-3*


Foreign government official in transit through the U.S.


E-1*


Treaty trader (principal)


E-1**


Spouse of principal E-1


When an EAD card is issued in these situations to an E-1 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12(A)(17)” under Provision of Law.


If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-1 alien


E-2*


Treaty investor (principal)


E-2**


Spouse of principal E-2


When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.


If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien


E-3*


Treaty trader in a specialty occupation


F-1


Academic student – for on-campus employment, and DSO authorized curricular practical training. (See RM 00203.470 for the proof required)


F-3


Canadian or Mexican national academic student who commutes to school in the U.S. – for DSO authorized curricular practical training (see RM 00203.470C.5.a.)


G-1*


Resident representative of recognized foreign member government to an international organization


G-2*


Other temporary representative of recognized foreign member government to an international organization


G-3*


Representative of unrecognized or nonmember foreign government to an international organization


G-4*


Representative of international organization (officer or employee)


G-5*


Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4


H-1B


Worker in a specialty occupation


H-1B1


Temporary worker from Chile or Singapore under the U.S.-Chile and U.S-Singapore free trade agreements


H-1C


Registered nurse


H-2A


Agricultural worker


H-2B


Non-agrarian seasonal worker


H-2R


Returning H-2B worker (worker was previously admitted as H-2B, left the U.S. temporarily and is returning to the U.S.


H-3


Trainee


I*


Foreign information media representative


J-1


Exchange visitor (pursuant to an approved program) (See RM 00203.480) An exchange visitor whose DS-2019 shows the category as “international visitor” or “student” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the J-1 is authorized to work as part of the exchange program.


K-1


Fiancé(e) of U.S. citizen


L-1


Intracompany transferee


L-2**


Spouse or dependent of an intracompany transferee


When an EAD card is issued to an L-2 spouse, the I-766 shows “A-18” under Category and the I-688B shows “274a.12 (A)(18)” under Provision of Law.


If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the L-1 alien


NATO-1 through 6*


NATO officer, representative, or personnel


NATO-7*


Attendant, servant, of personal employee of principal NATO-1 through 6


O-1


Alien with extraordinary ability in sciences, arts, education, business or athletics


O-2


Alien accompanying O-1


P-1


Internationally recognized athlete or entertainer in an internationally recognized group


P-2


Artist or entertainer in an exchange program


P-3


Artist or entertainer in a culturally unique program


Q-1


Cultural exchange visitor


Q-2


Irish Peace Process Cultural and Training Program Visitor


R-1


Religious worker with a nonprofit religious organization


TC


Professional business person, United States-Canada Free Trade Act (FTA)


TN


Professional business person from Canada or Mexico, North American Free Trade Agreement (NAFTA)


Refugee


Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA)


The I-766 shows “A-3” under Category; the I-688B shows “274a.12 (A)(3)” under Provision of Law.


Asylee


Asylee under 208 of the INA


The I-766 shows “A-5” under Category; the I-688B shows “274a.12 (A)(5)” under Provision of Law.


2. Aliens Who Require an EAD from DHS Authorizing Employment


The following lists nonimmigrants, by alien class of admission, who are authorized to work only with authorization from DHS. Employment authorization for these aliens must be shown on an EAD. For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. The visa of the dependent may show the name of principal.


EXCEPTION: Employment authorization may be shown on the I-94 for a refugee or asylee, on Form I-20 A-B for curricular practical training (CPT) for an F-1, or on a sponsor’s letter for a J-1 whose category as shown in item 4 of the DS-2019 is “student” or “international visitor.”
























































































































Class of Admission


Description


A-1*, A-2*


Spouse or child of principal A-1, A-2 alien


The I-766 shows “C-1” under Category; the I-688B shows “274a.12 (C)(1)” under Provision of Law.


B-1



Visitor for business who is:




  • A personal or domestic servant accompanying or following a employer admitted to the U.S. as a nonimmigrant



  • A domestic servant accompanying or following a U.S. citizen employer (the employer has a permanent home or is stationed in a foreign country and is temporarily in the U.S.)



  • An employee of a foreign airline and the employee is not a national of the country of the airline’s nationality


The I-766 shows “C-17” under Category; the I-688B shows “274a.12 (C)(17)” under Provision of Law.


NOTE: The instructions in section C.3. apply if the B-1 alien is not authorized to work under one of the above situations.


E-3*


Spouse or child of principal treaty trader in a specialty occupation


F-1


Academic student – for employment in authorized optional practical training (provision of law: optional practical training -274a.12(c)(3)(i); employment with an international organization -274a.12(c)(3)(ii); economic hardship – 274a.12(c)(3)(iii))


The I-766 shows “C-3” under Category; the I-688B shows “274a.12 (C)(3)” under Provision of Law.


See RM 00203.470 for employment authorization documentation required for F-1s employed on campus or in curricular practical training (an EAD is not required for these types of employment).


F-3


Canadian or Mexican national academic student who commutes to school in the U.S.– for employment in optional practical training


The I-766 shows “C-3” under Category; the I-688B shows “274a.12 (C)(3)(i)” under Provision of Law.


G-1*, G-3*, G-4*


Spouse or child of J-1 alien


The I-766 shows “C-4 under Category; the I-688B shows “274a.12 (C)(5)” under Provision of Law.


J-2


Spouse or minor child of J-1 alien


The I-766 shows “C-5” under Category; the I-688B shows “274a.12 (C)(5)” under Provision of Law.


K-2


Child of K-1


The I-766 shows “A-6” under Category; the I-688B shows “(A)(6)” under Provision of Law.


K-3


Spouse of U.S. Citizen


The I-766 shows “A-9” under Category; the I-688B shows “274a.12 (A)(9)” under Provision of Law.


K-4


Child of K-3


The I-766 shows “A-9” under Category; the I-688B shows “274a.12 (A)(9)” under Provision of Law.


L-2


Child of L-1 intra-company transferee


The I-766 shows “A-18” under Category; the I-688B shows “274a.12 (A)(18)” under Provision of Law.


M-1


Nonacademic student – for practical training


The I-766 shows “C-6” under Category; the I-688B shows “274a.12 (C)(6)” under Provision of Law.


M-3


Canadian or Mexican national nonacademic commuter student – for practical training


The I-766 shows “C-6” under Category; the I-688B shows “274a.12 (C)(6)” under Provision of Law.


NATO – 1* through 7*


Spouse or child of principal NATO – 1 through 7 alien


The I-766 shows “C-7” under Category; the I-688B shows “274a.12 (C)(6)” under Provision of Law.


N-8


Parent of alien granted permanent residence


The I-766 shows “A-7” under Category; the I-688B shows “274a.12 (A)(7)” under Provision of Law.


N-9


Child of alien granted permanent residence


The I-766 shows “A-7” under Category; the I-688B shows “274a.12 (A)(7)” under Provision of Law.


S-5


Alien supplying critical information relating to a criminal organization or enterprise


The I-766 shows “C-21” under Category; the I-688B shows “274a.12 (C)(21)” under Provision of Law.


S-6


Alien supplying critical information relating to a counter terrorism matter


The I-766 shows “C-21” under Category; the I-688B shows “274a.12 (C)(21)” under Provision of Law.


S-7


Spouse or child of S-5 or S-6 alien


The I-766 shows “C-21” under Category; the I-688B shows “274a.12 (C)(21)” under Provision of Law.


T-1


Victim of severe form of trafficking


The I-766 shows “A-16” under Category; the I-688B shows “274a.12 (A)(16)” under Provision of Law.


T-2


Spouse of victim of severe form of trafficking


The I-766 shows “C-25” under Category; the I-688B shows “274a.12 (C)(25)” under Provision of Law.


T-3


Child of victim of severe form of trafficking


The I-766 shows “C-25” under Category; the I-688B shows “274a.12 (C)(25)” under Provision of Law.


T-4


Parent of victim of severe form of trafficking


The I-766 shows “C-25” under Category; the I-688B shows “274a.12 (C)(25)” under Provision of Law.


T-5


Sibling of victim of a severe form of trafficking in persons


U-1


Victim of Certain Criminal Activity


The I-766 shows “C-11,” “C-14,” or “C-18” under Category; the I-688B shows “274a.12 (C)(11),” “274a.12(c)(14),” or 274a.12 (c)(18)” under Provision of Law.


U-2


Spouse of U-1


The I-766 shows “C-11,” “C-14,” or “C-18” under Category; the I-688B shows “274a.12 (C)(11),” “274a.12(c)(14),” or 274a.12 (c)(18)” under Provision of Law.


U-3


Child of U-1


The I-766 shows “C-11,” “C-14,” or “C-18” under Category; the I-688B shows “274a.12 (C)(11),” “274a.12(c)(14),” or 274a.12 (c)(18)” under Provision of Law.


U-4


Parent of U-1, if U-1 is under 21 years of age


The I-766 shows “C-11,” “C-14,” or “C-18” under Category; the I-688B shows “274a.12 (C)(11),” “274a.12(c)(14),” or 274a.12 (c)(18)” under Provision of Law.


V-1


Spouse of a permanent resident


The I-766 shows “A-15” under Category; the I-688B shows “274a.12 (A)(15)” under Provision of Law.


V-2


Child of a permanent resident


The I-766 shows “A-15” under Category; the I-688B shows “274a.12 (A)(15)” under Provision of Law.


V-3


Parent of a permanent resident


The I-766 shows “A-15” under Category; the I-688B shows “274a.12 (A)(15)” under Provision of Law.


Parolee


Alien paroled temporarily into the U.S.


The I-766 shows “A-4” or “C-11” under Category; the I-688B shows “274a.12 (A)(4)” or “274a.12 (C)(11)” under Provision of Law.


Adjustment applicant




  • Applicant for adjustment to permanent resident alien under section 245 of INA


The I-766 shows “C-9” under Category; the I-688B shows “274a.12 (C)(9)” under Provision of Law.




  • Applicant for creation of a record of lawful admission for permanent residence pursuant to section 249 of the INA


The I-766 shows “C-16” under Category; the I-688B shows “274a.12 (C)(16)” under Provision of Law.


Family Unity
Program Alien


Alien granted voluntary departure under the Family Unity Program


The I-766 shows “A-13” under Category; the I-688B shows “274a.12 (A)(13)” under Provision of Law.


Temporary Protected Status alien




  • Alien granted Temporary Protected Status pursuant to section 244A of the INA


    (The I-766 shows “A-12” under Category; the I-688B shows “274a.12 (A)(12)” under Provision of Law.)




  • Applicant for Temporary Protected Status pursuant to section 244A of the INA


    (The I-766 shows “C-19” under Category; the I-688B shows “274a.12 (C)(19)” under Provision of Law.)


    NOTE: Also see RM 00203.500 B.4.c.


Deportable Alien




  • Alien granted withholding of deportation pursuant to section 243(h) of INA


    (The I-766 shows “A-10” under Category; the I-688B shows “274a.12 (A)(10)” under Provision of Law.);



  • Alien granted extended voluntary departure


    (The I-766 shows “A-11” under Category; the I-688B shows “274a.12 (A)(11)” under Provision of Law.);



  • Applicant for suspension of deportation pursuant to section 244 of the INA


    (The I-766 shows “A-10” under Category; the I-688B shows “274a.12 (A)(10)” under Provision of Law.);



  • Alien granted voluntary departure


    (The I-766 shows “C-12” under Category; the I-688B shows “274a.12 (C)(12)” under Provision of Law.);



  • Alien granted deferred action


    (The I-766 shows “C-14” under Category; the I-688B shows “274a.12 (C)(14)” under Provision of Law.)



  • Alien for whom there is a final order of deportation and who is released on an order of supervision pursuant to section 242(d) of the INA


    (The I-766 shows “C-18” under Category; the I-688B shows “274a.12 (C)(18)” under Provision of Law.)


3. Aliens Who Are Not Authorized To Work In The U.S.


The following temporary nonimmigrants are not authorized to work in the U.S.:




















































































Class of Admission


Description


A-3


Spouse or child of principal A-3 alien


B-1


Visitor for business (see section C.2. above if the B-1 alien alleges employment as a personal or domestic servant or employee of a foreign airline)


B-2


Visitor for pleasure


BE


Bering Straight Agreement visa-free visitor for pleasure to certain designated areas of Alaska


C-1


Alien in transit through the U.S.


C-2


Alien in transit to UN headquarters


C-3


Attendant, servant, other personal employee, spouse or child of principal C-3 alien


D-1, D-2


Crew member


E-1


Child of principal E-1 alien who is not an employee of the Coordination Council for North American Affairs


E-2


Child of principal E-2 alien


F-2


Spouse or child of F-1 alien


G-2, G-5


Spouse or child of principal G-2 or G-5 alien


H-4


Spouse or child of H-1A, H-1B, H-2A, H-2B, or H-3 alien


I


Spouse or child of principal I alien


L-2


Child of L-1 alien


M-2


Spouse or child of M-1 alien


M-3


Canadian or Mexican national commuter vocational or non-academic student


O-3


Spouse or child of O-1 or O-2 alien


P-4


Spouse or child of P-1, P-2, or P-3 alien


Q-3


Spouse or child of Q-2


R-2


Spouse or child of R-1 alien


TD


Spouse or child of TN alien


WB


Visitor for business from a visa waiver country


WT


Tourist from a visa waiver country




<!– internal date use only

Added to this file 07/14/2006 Last Updated: 07/14/2006

–>




RM 00203.500 – Employment Authorization for Nonimmigrants – 07/14/2006

Social Security Number Delays and Employment Authorization

An individual who has applied for a Social Security Number but is subject to administrative delays by USCIS/SSA may lawfully begin working until he or she receives the SSN, as long as they can produce other documents evincing work eligibility (See Form I-9 for a listing).  The following excerpts and supporting documents are provided for further information. 

Do I need to have a number before I start working?
We
do not require you to have a Social Security number before you start to
work, but the Internal Revenue Service requires employers to report
wages using the Social Security number. While you wait for your Social
Security number, your employer can use a letter from us stating that
you applied for a number.”

- From Social Security Administration SSA Publication No. 05-10107 – April 2003

In
fact, it is an I-9 violation for a US employer to specifically require an SSN prior
to the employee starting work. 


See also:

“There is no federal law administered by any federal
agency which prohibits the hiring of a person based solely on the fact
that the person does not have a Social Security Number (SSN).

Similarly, there is no federal law which prohibits the making of a
payment to a person based solely on the fact that the person does not
have an SSN.

- From “Delays in Issuing SSNs to Aliens by the Social Security Administration”

Further Reading:

Fact_Sheet – Employment_Discrimination

US Dept. Of_Justice – Guide_To_Fair_Employment

Social_Security_Online – Employer_Responsibilities_When_Hiring_Foreign_Workers

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