Page 22 - Handbook for Employers - Guidance for Completing Form I-9

See Automatic Extensions of Employment Authorization Document in Asylees
Certain Circumstances for more information about eligible
categories and Form I-9 completion instructions for After being granted asylum in the United States, DHS
an employee who is a beneficiary of an employment issues asylees paper Forms I-94 that evidence their
authorization document auto-extension. status and employment authorization with a stamp
or notation indicating asylee status, such as “asylum
NOTE: The Social Security Administration issues granted indefinitely” or the appropriate provision of law
unrestricted Social Security cards to refugees and asylees. (8 CFR 274a .12(a)(5) or INA 208). This document
These are List C documents for Form I-9 purposes and is considered a List C document that demonstrates
are not subject to reverification. Application procedures employment authorization in the United States and does
for Social Security cards can be found on the Social not expire. Asylees who choose to present this document
Security Administration’s site at ssa .gov . will need to present a List B identity document, such as a
state-issued driver’s license or identification card.

Refugees
Upon admission to the United States, DHS provides refugees USCIS also issues asylees EADs which are acceptable as
with electronic or paper Forms I-94 (Arrival-Departure List A documents. Decisions from immigration judges or
Record) that proves their status and employment the Board of Immigration Appeals (BIA) granting asylum
authorization. The departure portion of a Form I-94 are not acceptable List C documents because they are not
containing an unexpired refugee admission stamp issued by DHS.
or a Form I-94 computer-generated printout with
an admission class of “RE” is an acceptable receipt Asylees may also present an expired Employment
establishing both employment authorization and identity Authorization Document (Form I-766) in combination with
for 90 days. During this time USCIS should be processing an I-797C Notice of Action from USCIS indicating timely
an EAD for the refugee. filing of the renewal application for an EAD (provided the
I-797C lists the same employment authorization category
At the end of the 90-day receipt period, the refugee must as the expired EAD). This combination is considered an
present either an EAD or a document from List B, such as unexpired employment authorization and identity document
a state- issued driver’s license, with a document from List (List A) and is valid for up to 180 days after the ‘card expires’
C, such as an unrestricted Social Security card. date on the face of the EAD.

Refugees may also present an expired EAD in See Automatic Extensions of Employment Authorization Document in Certain
combination with an I-797C Notice of Action from Circumstances for more information about eligible categories
USCIS indicating timely filing of the renewal application and Form I-9 completion instructions for employees who
for an EAD (provided the I-797C indicates the same are beneficiaries of an employment authorization document
employment authorization category as the expired auto-extension.
employment authorization document). This combination
is considered an unexpired employment authorization Exchange Visitors and Students
and identity document (List A) and is valid for up to 180
days after the “card expires” date on the face of the EAD. Each year, thousands of exchange visitors, international
students, and their dependents come to the United States
to study and work.
See Automatic Extensions of Employment Authorization Document in
Certain Circumstances for more information about eligible Exchange Visitors (J-1s)
categories and Form I-9 completion instructions for an
employee who is a beneficiary of a 180-day employment The Department of State (DOS) administers the
authorization document auto-extension. exchange visitor program and designates the sponsors.
Responsible officers within the program issue Form DS-
2019, Certificate of Eligibility for Exchange Visitor (J-1)
Status. Exchange visitors come to the United States for
a specific period of time to participate in a particular
program or activity, as described on their Form DS-2019.
Only J-1 exchange visitors may use Form DS-2019 for
employment when such employment is part of their

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