As an employer hiring foreign workers, it is crucial to request for the necessary documents to confirm your foreign employee’s work authorization. If you are a bit unsure of documents to request for, then find out below. This is to ensure that your organization complies with the U.S regulations and avoid any associated penalties that could ensue.
What documents prove employment authorization for foreign workers?
There are several acceptable documents employers can request to verify employment authorization. These documents are divided into different categories, and workers need to present acceptable forms from the lists below.
List A Documents: Proving identity and employment authorization
Documents from List A establish both the employee’s identity and their eligibility to work in the U.S. These include:
- U.S. Passport or passport card
- Permanent resident card (Form I-551) – Also known as a green card, this document shows the holder is a lawful permanent resident of the U.S.
- Foreign passport with I-94 Form – This document is common for non-immigrant workers and proves their temporary work authorization.
List B and List C Documents: Identity and employment authorization separately
Sometimes workers may present a combination of documents from List B and List C:
- List B Documents (Identity): These include state-issued driver’s licenses, ID cards, and similar forms of identification.
- List C Documents (Employment Authorization): This can include a U.S. Social Security card or birth certificate.
Acceptable DHS-Issued employment authorization documents
Some foreign workers may have specific employment authorization documents issued by the Department of Homeland Security. These include:
- Form I-766, Employment Authorization Document (EAD)
- Form I-94 Arrival/Departure Record, typically issued to non-immigrant workers authorized to work due to their visa status.
- Form I-797 – Used in combination with other forms to prove conditional residency or temporary employment authorization.
What is Form I-9 and Why is it important?
As an employer, it’s important to complete and retain a Form I-9 for every employee you hire in the U.S., including foreign workers. This form helps verify their employment authorization and ensures you are compliant with immigration laws.
Employers must physically review each document the worker provides to ensure they are valid and unexpired. Failing to comply with I-9 requirements can result in fines and other penalties, so it’s essential to maintain accurate records.
What to do if documents are lost or stolen
In cases where an employee’s document is lost or stolen, they may present a receipt for the application for a replacement document. This receipt is only valid for a temporary period (90 days), after which the employee must present the actual replacement document.
For more information, visit the official site of the U.S Citizenship and Immigration Services.
