Asylees and Refugees

Asylees and Refugees

Every year, people seek protection in the United States because they have suffered persecution or fear that they will suffer persecution in their own country because of:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

Completing Form I-9

Section 1

Refugees and asylees are authorized to work because of their immigration status. If you are a refugee or asylee who is  completing Form I-9 you should:

  • Select the “An alien authorized to work” checkbox. You may write “N/A” in the space provided for the expiration date.
  • Write the Form I-94 (Arrival-Departure Record) Admission Number or your Alien Registration Number/USCIS Number or your foreign passport number and country of issuance in the space provided.

Section 2

Just as in the case of any employee, a refugee or asylee may choose to present any applicable document from the Lists of Acceptable Documents.

Completing Section 2 for a Refugee Presenting Form I-94

DHS provides refugees electronic or paper Forms I-94 (Arrival-Departure Record).

If a refugee presents the departure portion of a Form I-94A containing an unexpired refugee admission stamp or a  computer-generated printout of Form I-94 with an admission class of “RE,” the employer must accept it as a receipt for a List A document establishing both employment authorization and identity for 90 days. The receipt is valid for 90 days from the date of hire. At the end of this 90-day period, the employee must show the employer either a Form I-766, Employment Authorization Document (EAD) or a combination of a List B document and an unrestricted Social Security card.

Completing Section 2 for an Asylee Presenting a Form I-94

Because asylees are authorized for employment based on their asylee status, DHS issues them a paper Form I-94 that shows their status and employment authorization as well as an EAD. The EAD is acceptable as a List A document.

An asylee may present Form I-94 or Form I-94A with one of the stamps or notations below indicating asylee status:

An asylee’s Form I-94 is a List C document and, unlike other Forms I-94, usually does not contain an expiration date. The asylee will need to present a List B identity document with this Form I-94.

Decisions from immigration judges granting asylum are not acceptable as List C documents as they are not documents issued by the Department of Homeland Security.

ADDITIONAL INFORMATION

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