ASYLEES AND THE RIGHT TO WORK!

If you are an ASYLEE (ASYLUM GRANTED), you do NOT  require an EAD, Employment Authorization Document to work in the United States. 

Let's discuss the law, In the HANDBOOK FOR EMPLOYERS M-274 on USCIS, United States Citizenship and Immigration Services website SECTION 6.3 REFUGEES AND ASYLEES. 

Refugees and asylees are AUTHORIZED  to work indefinitely because of their immigration status does not expire. 

After being granted ASYLUM in the United States, The Department of Homeland Security issues a FORM I-94, ARRIVAL/DEPARTURE RECORD, to asylees. FORM I-94 will contain a stamp or natation such as "ASYLUM GRANTED INDEFINITELY" or the appropriate provision of the law (8 CFR 274.a.12(a)(5) or INA 208) to show their employment authorization. An ASYLEE can also present an electronic FORM I-94 with an admission "AY". 

FORM I-94 is an acceptable LIST C document on the FORM I-9 and does not EXPIRE. Asylees who choose to present this document must also present a LIST B identity document, such as a state-issued driver's license or identification card. 

USCIS issue EADs to asylee, These are acceptable LIST A documents; however decision s from immigration judges or the Board of Immigration Appeals (BIA) in granting asylum are NOT acceptable LIST C documents because they are not issued by the Department of Homeland Security. 

IF YOUR EMPLOYER REFUSES TO ACCEPT THE DOCUMENTS AS PROOF OF YOUR WORK AUTHORIZATION OR RIGHT TO WORK IN THE UNITED STATES LEGALLY, such a demand is DOCUMENT ABUSE and should be reported to the OFFICE OF SPECIAL COUNSEL FOR IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES. 

FEDERAL LAW  PROHIBITS UNFAIR DOCUMENTARY PRACTICES related to verifying the employment eligibility of employees. 

Under the law that IER enforces, when verifying a workers employment authorization, employers of any size are not allowed to demand more or different documents than necessary, request specific documents than necessary, request specific documents, or reject reasonaly genuine looking documents because of a workers citizenship, immigration status or national origin. This type of discrimination generally happens during the FORM I-9 and E-VERIFY processes. The part of the law that prohibits this type of discrimination is at 8 U.S.C 1324B(A)(6). 

COMPLETING FORM I-9 - COMPLETE SECTION 2 FOR AN ASYLEE PRESENTING A FORM I-94  

Because ASYLEES  are AUTHORIZED for employment based on their ASYLEE STATUS, DHS, Department of Homeland Security issues them a paper FORM I-94 that shows their status and employment authorization as well as an EAD, Employment Authorization Document. The EAD is a acceptable as a LIST A document. 

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

- Asylum granted indefinitely 

- 8CFR 274a.12(a)(5)

- INA 208 

An asylee's FORM I-94 is a LIST C document and, unlike other FORM 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. Please note, decisions from judges granting asylum are not acceptable as LIST C documents as they are not documents issues by the Department of Homeland Security. 

If you feel you have suffered this form of discrimination, file a charge at https://www.justice.gov/crt/filing-charge or call the Worker's Hotline at 1 800 255 7688. If your employer has questions about the anti-discrimination provision of the INA, Let them call the employers hotline at 1 800 255 8155. 

COMPLIED REFERENCE LISTINGS: 

https://www.uscis.gov/i-9-central/complete-correct-form-i-9/who-needs-form-i-9/asylees-and-refugees

https://www.uscis.gov/i-9-central/60-evidence-status-certain-categories

https://www.justice.gov/crt/immigrant-and-employee-rights-section

Tennyson Watson-Joyner is a foreign born U.S. Permanent Resident, Works in Home Health Care Services, read for a Bachelors of Science Degree in Hospitality and Tourism Management with a major in Travel, Tourism and Entertainment Management. I have successfully navigated the U.S. immigration system. 

The information contained in "The United States Refugee Travel Document (Form I-571)Asylee Travel Guide" is provided for informational purposes only. Opinions expressed are the authors alone and compiled information, for International Travel with a U.S. Refugee Travel Document (Form I-571) , use links attached for visa free destinations as listed by the consulate of each country that offers the same to asylees and permanent residence whose was granted the same as a result of asylum. If you have a criminal record, Speak to an attorney-at-law prior to your departure.