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Form I-9 and Refugee Employees
Pursuant to the Immigration Reform and Control Act of 1986 (INA § 274B [8 U.S.C.1324b]), employers are required to verify both the employment authorization and identification of every applicant for employment. The results of the verification process are recorded on Form I-9, which is to be kept on file and available for inspection by the US Immigration and Naturalization Service (INS).
Federal regulations set forth the types of documents which are acceptable for employment authorization verification, but the employer is expressly prohibited from demanding any particular document. For example, it is illegal for an employer to demand Form I-551 (a "Green Card") from a prospective "immigrant" employee.
Employers need to recognize that a refugee's employment authorization documentation, while it may differ from that of a US citizen or Lawful Permanent Resident ("Green Card" holder), is just as valid.
While the US Department of Justice issues various forms of refugee status documentation, only certain of these are valid under interim regulations currently in force in respect to verification by employers. For example, Form I-94 with an appropriate stamp, is the most commonly encountered refugee status document. Under the interim regulations, however, the I-94 is to be considered only as a temporary receipt, and is valid for a period of 90 days. During the 90-day period, the refugee employee must secure and present an alternate document or set of documents to verify his/her employment authorization.
The interim rule, which was published on February 9, 1999, is still in force. Moreover, the INS moratorium on the imposition of civil money penalties for an employers' failure to inspect alternate documentation of refugee employees still applies. Employers should periodically check news releases issued by the US Immigration and Naturalization Service and/or the National Immigration Law Center, in order to keep current with employment verification requirements for refugees.
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