Employment Rights and Resources for Refugees and Asylees

1
Employment Rights and Resources for Workers Granted Asylum or Refugee Status
Worker Fact Sheet
Employment Rights & Resources for Workers
Granted Asylum or Refugee Status
If you have been granted asylum or refugee status, you have permission
to live and work in the United States that doesn’t expire. Several federal
laws protect your right to work, regardless of where you live in the United
States.
This fact sheet will help you learn more about your rights and how to get help if you
have questions or problems.
What kinds of jobs can I get?
You can work in almost any job for which you are
qualified. 	Under 	a 	part 	of 	the 	Immigration 	and
Nationality Act, your status as someone granted
asylum or refugee status generally can’t prevent you
from getting a job.
For 	information 	about 	discrimination, 	call 	the
Immigrant and Employee Rights Section (IER). IER
is part of the U.S. Department of Justice’s Civil
Rights Division. The law IER enforces is found at
8 U.S.C. § 1324b.
What can I expect after I am hired?
Payroll and tax forms
Your employer will report your wages to the Social Security Administration and deduct
taxes based on the information you provide. If you get a job but are still waiting for your
Social Security number, the Social Security Administration instructs employers that
employees are allowed to work while waiting for their Social Security number. If your
employer submits a tax form called a W-2 before you get your Social Security number,
your employer will write “Applied for” in the Social Security number field of a paper W-2 or
enter all zeros (000-00-0000) in the Social Security number field of an electronic W-2.
Immigrant and Employee Rights Section
justice.gov/ier
If you see that an employer
only wants to hire U.S.
citizens or does not want to
hire someone granted
asylum or refugee status,
the employer might be
committing unlawful
discrimination.

2
Employment Rights and Resources for Workers Granted Asylum or Refugee Status
Form I-9
• 	All employers have to complete a Form I-9
when they hire someone.
• 	When you are hired, you will have to show
your 	employer 	documentation 	that 	proves
your identity and permission to work in the
United States.
• 	You fill out Section 1 of the Form I-9.
• 	As someone granted asylum or refugee status, you mark “A noncitizen authorized
to work” in Section 1.
• 	You don’t enter an expiration date in Section 1 because your permission to work
doesn’t expire. Instead, mark “N/A” in the expiration date field.
• 	After you fill out Section 1, your employer will fill out Section 2 with you. This is
when you show documentation.
• 	You 	decide 	which 	documentation 	to 	present 	from 	the 	Lists 	of 	Acceptable
Documents, which are attached to the Form I-9. You may have several of the
documents on these lists.
If your employer is unfamiliar with a valid document you present, such as an I-94 issued
to someone granted asylum or refugee status or a Department of State Transportation
Boarding Letter, they can call IER for assistance.
The Social Security number field on the Form I-9 is optional, unless your employer uses
E-Verify. You do not need to have a Social Security number to complete the Form I-9 and
to begin working for pay. You may call IER’s hotline or contact the Equal Employment
Opportunity Commission if a company requires you to have a Social Security number to
get a job.
E-Verify
• 	E-Verify is an electronic system that compares information from the Form I-9 with
government records to confirm that a worker has permission to work in the United
States.
• 	Not all employers use E-Verify. If you get a job with an employer that uses E-Verify,
your employer must obtain your Social Security number to create an E-Verify case.
• 	If you do not have your Social Security number yet, your employer can wait and
create an E-Verify case after you receive your Social Security number. E-Verify
instructs employers to let an employee work while waiting for their Social Security
number if the employee can complete the Form I- 9, even if it takes weeks or
months.
Call IER at 1-800-255-7688
if you have questions about
the documents you can
present or if your employer
will not accept your valid
document.

3
Employment Rights and Resources for Workers Granted Asylum or Refugee Status
• 	There are many other rules regarding E-Verify.
You can call the E-Verify hotline or IER if you have questions.
What protections do I have against discrimination (difference in treatment)
at work?
An employer generally can’t refuse to hire you, or fire you because of your citizenship
status. Citizenship status includes a person’s immigration status.
An employer generally can’t refuse to hire you, or fire you because of your place of birth,
first language, accent, or other national origin indicator.
National 	origin 	discrimination 	complaints 	against 	employers 	that 	have 	four 	to 	14
employees go to IER. National origin discrimination complaints against employers with 15
or more employees go to the Equal Employment Opportunity Commission.
Although there are some exceptions, these protections cover you when you apply for jobs,
when a company hires (or chooses not to hire) you or fires you.
There may be additional protections under federal, state, or local law. For questions about
citizenship status, immigration status, or national origin discrimination, contact IER.
For questions about discrimination based on national origin, race, religion, sex, color, age,
disability, or genetic information, call the Equal Employment Opportunity Commission.
During the Form I-9 process, an employer can’t reject your government identification and
unrestricted Social Security card because of your citizenship, immigration status, or
national origin.
An employer also can’t reject your valid documents or ask you for specific documents,
such as an Employment Authorization Document (EAD), because of your citizenship,
immigration status, or national origin. If you call the Immigrant and Employee Rights
Section (IER) for help, IER may call your employer and provide information on the law to
help resolve the issue.
What protections do I have against other kinds of unfair treatment?
You have the right to be paid for all work you do under the Fair Labor Standards Act.
Some workers are also eligible for overtime pay (one and one-half times the regular rate)
after 40 hours of work in a work week. Some state and local laws require overtime pay in
other situations as well. Contact the Department of Labor’s Wage and Hour Division for
more information.

4
Employment Rights and Resources for Workers Granted Asylum or Refugee Status
You also have a right to safe and healthful workplace conditions and the right to speak up
if you are concerned about danger without fear of negative consequences. To learn more
or ask for an inspection, contact the Department of Labor’s Occupational Safety and
Health Administration.
With few exceptions, you have the right to join with your coworkers to ask your company
to improve your wages or working conditions. Most workers also have the right to form,
join, and support a union in the workplace. For questions about your labor rights, contact
the National Labor Relations Board.
All help described below is free.
U.S. Department of Justice Civil Rights Division
Immigrant and Employee Rights Section (IER)
1-800-255-7688
1-800-237-2515 TTY
www.justice.gov/ier
Free interpretation is available. In certain situations, and with
your permission, IER may contact your employer to help resolve
problems.
U.S. Equal Employment Opportunity Commission (EEOC)
1-800-669-4000
1-800-669-6820 TTY
www.eeoc.gov
U.S. Department of Labor, Wage and Hour Division (WHD)
1-866-487-9243
1-877-889-5627 TTY
www.dol.gov/whd
U.S. Department of Labor, Occupational Health Administration (OSHA)
1-800-321-6742
1-877-889-5627 TTY
www.osha.gov
U.S. Social Security Administration (SSA)
1-800-722-1213
1-800-325-0778 TTY
www.ssa.gov
DHS E-Verify
1-888-897-7781
1-877-875-6028 TTY
www.e-verify.gov
U.S. National Labor Relations Board (NLRB)
1-866-667-6572
1-866-315-6572 TTY
www.nlrb.org