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:
- Membership in a particular social group
- Political opinion
Completing Form I-9
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.
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:
- Asylum granted indefinitely
- 8 CFR 274a.12(a)(5)
- INA 208
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.