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Tuesday, May 11, 2010

Office of Special Counsel Issues Refugee and Asylee Right to Work Flyer

The Office of Special Counsel for Immigration-Related Unfair Employment Practices has released a flyer entitled "Refugees and Asylees Have the Right to Work".

The flyer provides both employers and employees with key information that protects the rights of refugees and asylees in the employment process. One key piece of information that the flyer interprets the Refugee Receipt Rule, which provides that Form I-94 or I-94A containing an unexpired refugee admission stamp is considered a List A document. The Rule requires that the employee present within 90 days of hire, either an unexpired EAD (Form I-766)OR a List B document AND an unrestricted Social Security account number card.

The new flyer importantly informs the public that the Refugee Receipt Rule does not apply to asylees, persons who meet the definition of refugee who have been granted asylum status inside the U.S. The I-94 indicating this asylum grant status is considered to be a List C document, without an expiration date. Moreover, the Section I employee employment status attestation for an asylee or a refugee should not have an expiration date, because their status does not expire.