Many of my Marriage Visa and Fiancee Visa clients are all too excited when their employment authorization cards arrive in the mail. With it they can start working and contributing to their newly formed family’s bottom line. Unfortunately, many companies and human resource departments are not familiar with the employment authorization card, and many individuals run into unnecessary hindrances and delays when seeking a position.
What is the Employment Authorization Card?
The employment authorization card,also known as the I-766, is a government issued identification card that evidences a person’s ability to work within the United States. The card is often provided to individuals who are newly arrived in the United States, or who are in the process of obtaining immigration status in the United States (for example, individuals who are seeking green cards).
What does the Employment Authorization Card look like?
Below is an example of the latest version of what the employment authorization card looks like. However, older versions of the card may appear slightly different.
What else, besides the Employment Authorization Card must be presented when completing the I-9 form?
NO OTHER FORM OF EVIDENCE IS NECESSARY. To many employers and human resource individuals, it is a surprise to learn that no other evidence is needed besides the Employment Authorization Card when completing the I-9 form. The I-766 is a Class A document on the I-9. In fact, to ask for additional evidence may expose an employer to discriminatory suits. In short, it is improper to ask for more evidence besides the I-766. The USCIS manual to Employers says as much.
But the Employment Authorization Card holder does not have a social security number, how does an employer complete E-verify?
Many employers participate in the E-verify program and become confused when they try to enter the card holder’s information into E-verify. This is because often the person does not have a social security number yet. In such cases, an employer is not suppose to enter a person’s information into E-verify until after the person has received his or her social security number. However, the card holder must be allowed to work while waiting for the social security number to be issued. The government’s E-verify guide explains the requirements in more detail.
If you are an employment authorization card holder and are having difficulty demonstrating to employers your eligibility to work, please contact an immigration lawyer. It is almost certainly just a oversight by the employer.