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Refugees and asylees, as well as some other classes of nonimmigrants such as certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands, are authorized to work because of their status and have no expiration date on their employment authorization. Such individuals should check “An alien authorized to work,” write “N/A” in the first space because their employment authorization does not expire., He or she should then write their Alien Number or Admission Number in the second space, You may not require that the individual include an expiration date or request to see a document containing an expiration date.  The individual may choose to present a Form I-94/I-94A that does not have an expiration date or any combination of documents from the Lists of Acceptable Documents.  The information from the documents presented from the Lists of Acceptable Documents is for completion of Section 2, and not Section 1. Refusing to hire employment-authorized individuals because they are unable to provide an expiration date on Form I-9 is a violation of the anti-discrimination provision in the INA.

Last Reviewed/Updated: 
03/27/2014