Kara Sears
When starting a new job, employees must provide documentation to their employers to prove their identity and authorization to work. The documents required to prove eligibility to work vary depending on the country and the employee's nationality. For example, in the UK, British or Irish citizens can use a passport or passport card, which can be current or expired, to prove their right to work. Non-British or Irish citizens may need to use an online identity service provider or the Windrush Scheme to obtain the necessary documents. In the US, employees must complete Form I-9 and present additional documentation, such as a passport, driver's license, or Employment Authorization Document, to prove their identity and work authorization. It is important to note that employers are prohibited from rejecting valid documents or insisting on additional ones beyond what is required by law.
| Characteristics | Values |
|---|---|
| Nationality | British, Irish, or non-citizen |
| Document type | Passport, National Insurance number, birth certificate, driver's license, etc. |
| Issuing authority | HM Revenue and Customs (HMRC), Department for Work and Pensions (DWP), Social Security Agency, USCIS, etc. |
| Document validity | Expired or unexpired |
| Additional requirements | Proof of identity, proof of employment eligibility, proof of immigration status |
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What You'll Learn
A passport or passport card
To show proof that you can lawfully work in the United States, you must present a valid passport or passport card. This can be a U.S. passport or U.S. passport card, which must be unexpired.
If you are a non-U.S. citizen, you may present a foreign passport with Form I-94 or Form I-94A. The form and passport must bear the same name and contain an endorsement of your nonimmigrant status, provided that the period of endorsement has not expired and the proposed employment does not conflict with any restrictions on the form. Alternatively, you can present a passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 indicating nonimmigrant admission under the Compact of Free Association between the United States and the FSM or RMI.
It is important to note that you have three business days from the start of your new job to present your employer with the necessary documentation. This allows enough time for you to gather the required documents and for your employer to verify your eligibility to work lawfully. Your employer will need to note the type of documents you provide and any expiration dates on Form I-9. While not required, your employer has the right to photocopy your documents, and if they do so, they must keep the copies on file with your Form I-9.
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A letter from HM Revenue and Customs (HMRC)
If you are a British or Irish citizen, you can prove your right to work in the UK with a letter from HM Revenue and Customs (HMRC). The letter must show your name and National Insurance number. You can also use your current or expired passport or passport card. If you do not have a passport or passport card, you may be able to use an online identity service provider (IDSP) to prove your right to work. Ask your employer if they offer this.
If you are not a British or Irish citizen, you can still use a letter from HMRC as proof of your right to work, but you will need to check that the letter includes your name and National Insurance number. Additionally, non-British and Irish citizens must ensure that they have permission to do the type of work offered by the employer, including any limits on working hours. For students, this means providing evidence of study and vacation times.
It is important to note that HMRC may contact you by letter if you have earned income from online marketplaces up to and including the tax year ending on the 5th of April 2023. This letter will link you to guidance about telling HMRC about any underpaid tax from previous years. If you do not have any income to declare, you must let HMRC know.
To obtain a letter from HMRC as proof of your right to work, you can make a request to HMRC for proof of employment. You can also check if a letter you have received from HMRC is genuine by referring to a list of recent letters from HMRC.
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A Permanent Resident Card (PRC)
In the United States, a Permanent Resident Card (PRC), also known as a Green Card, is a document that authorises an individual to live and work in the country permanently. The steps to apply for a PRC vary depending on an individual's circumstances, and there are several categories of eligibility.
The PRC is issued by the United States Citizenship and Immigration Services (USCIS), which periodically updates the list of documents that are accepted as proof of identity and eligibility for employment. The PRC is valid until its expiration date, unless otherwise noted, such as through an automatic extension. To reduce the risk of fraud and counterfeiting, the USCIS redesigns the PRC every three to five years, but previous designs remain valid until their expiration date.
When taking up a new job, employees must fill out the employee's section of USCIS Form I-9 by the end of their first day at work. They then have three business days to present their employer with documents proving their identity and eligibility to work in the US. Employers may copy and keep these forms, noting the type of documents produced and their expiration dates.
PRC holders may be required to present other documents in addition to their card as proof of their right to work. These include a foreign passport with a temporary I-551 stamp or a temporary I-551 printed notation on a machine-readable immigrant visa, or an Employment Authorization Document with a photograph (Form I-766).
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An Employment Authorization Document (Form I-766)
An Employment Authorization Document (EAD), Form I-766, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States. It is issued in the form of a standard credit card-sized plastic card with multiple security features. The card contains basic information about the immigrant, including their name, birth date, sex, immigrant category, country of birth, photo, immigrant registration number ("A-number"), card number, restrictive terms and conditions, and dates of validity.
To request an EAD, individuals generally need to file Form I-765, Application for Employment Authorization. Certain individuals, such as lawful permanent residents or nonimmigrants with specific work authorization, do not need to apply for an EAD as their immigration status already authorizes them to work. However, those who require an EAD include individuals with immigration statuses such as asylee, refugee, or U nonimmigrant, or those with pending forms like I-485 or I-589.
Once the Form I-765 is completed, applicants must mail it to the USCIS Regional Service Center serving their area. If approved, the EAD will be issued for a specific period based on the individual's immigration situation. The renewal process for an EAD is similar to the initial application process and should be initiated 3 to 4 months before the expiration date to avoid any gaps in employment authorization.
The EAD, or Form I-766, serves as proof of both identification and employment eligibility for noncitizens in the United States. It is one of the accepted documents that employers can use to verify the identity and employment authorization of their employees, as required by the Immigration Reform and Control Act. Employers must ensure that all employees, regardless of citizenship, are authorized to work in the country.
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A birth certificate
If you are not a British or Irish citizen, you can prove your right to work with your passport or passport card, as well as proof that your right to work in the UK has not expired and that you have permission to do the type of work being offered. If you are a Commonwealth citizen, you may be able to get documents to show that you can work in the UK through the Windrush Scheme.
It is important to note that employers must not discriminate against anyone because of where they are from, and they must follow data protection laws when checking an employee's right to work.
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Frequently asked questions
If you are a British or Irish citizen, you can use either your passport or passport card, which can be current or expired. If you do not have either of these, you can use a letter from HM Revenue and Customs (HMRC), the Department for Work and Pensions (DWP), or the Social Security Agency in Northern Ireland. The letter must show your name and National Insurance number.
You must present your employer with documents that prove your identity and authorization to work. This includes a current US or Canadian driver's license with a photograph, a federal/state/local identification card with a photograph, or a Permanent Resident Card (PRC).
Form I-9 is the Employment Eligibility Verification form that employers are required to complete and review. Employees must fill out their section of the form by the end of their first day on the job.
E-Verify is a system used by employers to verify the identity and employment eligibility of employees. Federal law requires that E-Verify employers use the system consistently and without regard to the citizenship, immigration status, or national origin of employees.
Federal law prohibits employers from rejecting valid documents or insisting on additional documents beyond what is required for the Form I-9 or E-Verify processes. However, employers should accept any unexpired document from the Lists of Acceptable Documents as long as it appears reasonably genuine and relates to the employee.
