Eligibility of Noncitizens for Employment

Immigration Law

Under the Immigration and Nationality Act, it is unlawful for CBO to employ an alien who, at the time of employment, either is not lawfully admitted for permanent residence or is not otherwise authorized to accept employment in accordance with immigration law.

For complete information concerning authorization to accept employment under the United States' immigration laws, contact the U.S. Citizenship and Immigration Service, or visit its Web site (www.uscis.gov). The full text of regulations on this topic (Title 8, Code of Federal Regulations, section 274a.12) can be found under "Immigration Laws, Regulations, and Guides" on the site.

Ban on Using Annual Appropriations to Pay Salaries of Certain Noncitizens

Since 1943, annual appropriation laws have prohibited the use of appropriated funds to pay the salaries of federal employees unless those employees are either U.S. citizens or nationals who fall into one of the groups that have been identified as exempt from the ban. The most recent appropriation law lists the following groups as exempt:

• Noncitizen nationals of the United States (for example, people born in American Samoa or Swain's Island).



• Nationals of the People's Republic of China who qualify for an adjustment of their status under the Chinese Student Protection Act of 1992. Nationals who could qualify:
  
  
  • Were in the United States between June 4, 1989, and April 11, 1990;
  
  
  
  • Have resided continuously in the United States since April 11, 1990; and
  
  
  
  • Were not physically present in the People's Republic of China for more than 90 days between April 11, 1990, and October 9, 1992.


• Aliens from Cuba, South Vietnam, Poland, and countries of the former Soviet Union who have been lawfully admitted to the United States for permanent residence.



• Refugees from South Vietnam, Cambodia, or Laos who were paroled into the United States after January 1, 1975.



• Citizens of Ireland, Israel, or the Philippines.



• Nationals of countries that are allied with the United States in a defense effort. As of April 2004, the Department of State had identified the following countries as meeting that criterion:

The groups of noncitizens who are identified as exempt under the appropriation law ban are subject to change. CBO plans to update this page in accordance with new information. Any questions regarding current exemptions should be addressed to:

Human Resources
Congressional Budget Office
Ford House Office Building
Washington, DC 20515
jobs@cbo.gov
(202) 226-2628

Authorization to Accept Employment Under U.S. Immigration Law

The Immigration and Nationality Act provides that it is unlawful for any employer, including an entity in any branch of the federal government, to employ an alien who, at the time of employment, either is not lawfully admitted for permanent residence or is not authorized to be so employed by immigration law or by the Attorney General.

According to the regulations that implement the law, three broad categories of aliens are authorized to accept employment.

1. Aliens who are authorized to accept employment incident to their status. Aliens in this category may be employed without restrictions as to the location or type of their employment, although the authorization may be permanent or temporary. Aliens in this category include lawful permanent residents, refugees, and individuals who have been granted asylum. (Refugees and those granted asylum are authorized only for the period during which they retain that status.)



2. Aliens who are authorized to accept employment with a specific employer incident to their status. Aliens in this category are authorized to be employed by a specific employer subject to the restrictions and conditions applicable to their particular status. An example is students on J-1 visas, who may be employed only within the guidelines of the Exchange Visitor program as approved by the Department of State.



3. Aliens who must apply for employment authorization. Aliens in this category are authorized to be employed only after applying for authorization from the U.S. Citizenship and Immigration Service. Once authorized, they may accept employment subject to any restrictions governing their status or cited on the employment authorization document. Aliens in this category include students on F-1 visas who are seeking employment for optional practical training. Such students are authorized for temporary employment directly related to their major area of study as recommended by the endorsement of the Designated School Official.

Under the Immigration Reform and Control Act of 1986, U.S. employers are responsible for ensuring that the people they hire are eligible to work in the United States. All new employees will be required to complete Form I-9, Employment Eligibility Verification, and employers must check employees' documents to verify their eligibility.

For complete information about the categories of aliens who are authorized to accept employment, contact the U.S. Citizenship and Immigration Service, or visit its Web site (www.uscis.gov). The full text of regulations on this topic (Title 8, Code of Federal Regulations, section 274a.12) can be found under "Immigration Laws, Regulations, and Guides" on the site.

Most Recent Annual Appropriation Law Ban on Paying the Salaries of Certain Noncitizens

Transportation, Treasury, and Independent Agencies Appropriations, 2004, Public Law 108-199, Div. F, Title VI, § 605, 118 Stat. 350 (2004):

SEC. 605. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States; (3) is a person who owes allegiance to the United States; (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or (6) is a national of the People's Republic of China who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or the Republic of the Philippines, or to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies.