Note: Employers should know that only aliens who check the "lawful permanent resident" box on Form I-9 Section 1 would be authorized (but not required) to present a "Green Card" for Section 2 purposes.

2. Persons Authorized to Temporary, Unrestricted Employment
Common Evidence of work authorization:

• Employment Authorization Document ("EAD")
• Employment Available to: See 8 CFR 274a.12 for list of those eligible for an EAD, which can be accessed on www.uscis.gov.

To evidence work authorization that is temporary and unrestricted, an employee will show an employment authorization document (EAD on Form I-688B, Form I-766, or Form I-688A in certain legalization cases). EADs are issued to aliens for several different purposes. Common categories of EAD holders include aliens awaiting adjustment of status, fiancé(s) in K-1 status, and aliens granted Temporary Protected Status (TPS).

Employers may want to keep in mind that aliens who check the "alien authorized to work until [insert date]" box in I-9  Section 1 will be authorized to present an EAD for Section 2 purposes.

EADs are generally valid for one year. Similarly, the work authorization expiration date listed in I-9 Section 1 will often be the expiration date of the EAD presented for Section 2 purposes.

3. Persons Authorized for Temporary, Restricted Employment (Employer-Specific)

Common Evidence of work authorization:

Form I-94 Arrival-Departure Record showing endorsement of  employer-specific classification and unexpired period of admission.

Employment Available to: Aliens granted employer-specific employment-based classifications, including A-1, A-2, and A-3, C-2 and C-3, E-1 and E-2, F-1 (for on campus employment and curricular practical training only, and only if presented with Form I-20 endorsed for the specific employment), G-1, G-2, G-3, G-4 and G-5, H-1b, H-1c, H-2a, H-2b, and H-3, I, J-1, L-1a and L-1b, O-1 and O-2, P-1, P-2 and P-3, Q, R-1, NATO, TN-1, and N?2. See 8 CFR 274a.12 for more information available at www.uscis.gov.

Employer-specific employment authorization is evidenced on the Form I-94, Arrival-Departure Record that aliens receive and must retain with their passports. Upon admission into the US, these forms are stamped or marked with the arriving aliens? immigration classification and with the period of authorized stay in the US under that classification.

In order to be acceptable as proof of work eligibility, the stamp must specify that employment is authorized or indicate an unexpired nonimmigrant admission. A stamp indicating a nonimmigrant admission means that the alien may work for the approved employer(s) and for no other employer(s) until expiration of the indicated period of approved stay.

Therefore, only US employers whose petitions to employ these aliens have been approved by the Department of Homeland Security, U.S. Citizenship and Immigration Services may accept this documentation to satisfy employment eligibility verification requirements of Form I-9. The employee can work for the petitioning employer(s) until the period of admission/work authorization approved by the Department of Homeland Security, expires. The back of Form I-94 may also be completed by which to indicate employment restriction for those aliens authorized to work temporarily only for a single employer. With limited exceptions, aliens are obligated to relinquish their I-94 when leaving the US.

4.  Persons Unauthorized for Employment 

• EWI (aliens who entered and remain in the US unofficially, without inspection) or PWI (present without inspection)
• Visitors (B-1 and B-2, including VWPP participants) (with few exceptions)
• Dependents of persons authorized to be employed incident to their status (including but not limited to H-4 and TD) except spouses of the L and E classification
• Dependents of students (F-2 and M-2)