ACTION BULLETINS (PY 2003)

AB - 33 Lists of Acceptable Documents to Establish Identity and Employment Eligibility

AB – #33
Effective Date: immediately


ACTION BULLETIN


TO: All WIA Providers

DATE: November 6, 2003

SUBJ: Change in Lists of Acceptable RIGHT TO WORK Documents that Establish Identity and Employment Eligibility


Purpose of Bulletin
The purpose of this bulletin is to advise providers that the Alameda County Workforce Investment Board (WIB) department is updating the Lists of Acceptable Documents to Establish Identity and Employment Eligibility to correspond with changes made by the Immigration and Naturalization Services I-9 process.

Citation
Workforce Investment Act, Citizenship/Eligible to Work, WIA Section 188(a)(5)
U.S. Citizenship and Immigration Services News Release, January 30, 1998
(www.immigration.gov)
U.S. Department of Homeland Security, Office of Business Liaison, The I-9 Process in a Nutshell. Employer Information Bulletin 103, July 30, 2003
U.S. Department of Justice, Immigration and Naturalization Service, Handbook for Employers (M-274), Rev. November 11, 1991 (www.immigration.gov)

Background
In October 2003, the State Workforce Investment Division (WID) monitored our WIB. Staff was advised that the U.S. Department of Justice, Immigration and Naturalization Service had revised their Lists of Acceptable Documents, per their Handbook for Employers, in 1991. The WID policy states that the Local Workforce Investment Areas (LWIAs) will use the Immigration and Naturalization I-9 lists of acceptable documents as our criteria for Right to Work eligibility.

All adults, dislocated workers and youth who receive services funded under Title I of WIA, other than self-service or informational activities (Core Self-Directed Services), must be determined eligible and registered.

General program eligibility includes citizenship/right-to-work, Selective Service registration, age, targeted populations, and youth barriers. The general eligibility criteria apply to all WIA Title I programs.

Citizenship/Eligible to Work eligibility criteria means —Participation in programs is open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other individuals authorized by the Attorney General to work in the United States. [Reference: WIA Section 188(a)(5)]

The federal regulations indicate that a participant’s eligibility for services must be documented in the participant’s case file.

Policy/Procedure/Definition
When determining Citizenship/Right to Work eligibility for enrollment into a WIA Title I program you must request to photocopy the original document(s) on the Lists of Acceptable Right to Work Documents, attached, to document eligibility. A copy(s) of the documentation must be included in the complete file submitted for eligibility quality review. If a customer is unable to provide original documents for photocopying a Provider may not enroll the customer into a WIA Title I program until they can obtain the necessary document(s).

An updated Document Checklist that outlines the acceptable Right to Work documents is attached. Providers must discard all old Document Checklists and begin using the new form immediately. Complete files, signed, dated, and submitted prior to today’s date will not be required to change or resubmit forms.

Action
The Program Providers must submit and maintain WIA eligibility documentation and verification in the case file that is sufficient to guard against serving ineligible applicants.

The new forms and processes are effective immediately.

Information & Inquiries
Please contact Linda Slater, MIS Manager, at (510) 259-3802 or "lslater@co.alameda.ca.us"
with any questions regarding the action bulletin.

Attachment
List of Acceptable Right to Work Documents
For Updated Document Checklist contact Linda Slater


LISTS OF ACCEPTABLE RIGHT TO WORK DOCUMENTS



LIST A

Documents that Establish Both Identity and Employment Eligibility

1. U.S. Passport (unexpired or expired)

2. Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization

3. Permanent Resident Card or Alien Registration Receipt Card with photograph (INS Form I-551)

4. Unexpired Temporary Resident Card
(INS Form I-688)

5. Unexpired Employment Authorization Card
(INS Form I-688A)

6. Unexpired Employment Authorization Document issued by the INS which contains a photograph
(INS Form I-688B or
Form I-766)
















LIST B

Documents that Establish Identity


1. Driver’s license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address


2. ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address

3. U.S. Military card or draft record

4. Military dependent’s ID card

5. U.S. Coast Guard Merchant Mariner Card

6. Native American tribal document

7. Driver’s license issued by a Canadian government authority

For persons under age 18 who are unable to present a document listed above:

8. School Picture ID
9. School Yearbook Photo



LIST C

Documents that Establish Employment Eligibility


1. U.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for employment)

2. Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)

3. Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal

4. Native American tribal document

5. U.S. Citizen ID Care (INS Form I-197)

6. ID Card for use of Resident Citizen in the United States (INS Form I-179)













Updated September 1997 Outlined in Handbook for Employers (M274)