In the landscape of employment in the United States, the verification of an individual's authorization to work forms a cornerstone of legal compliance for employers, rooted deeply in the requirements set forth by the Immigration Reform and Control Act of 1986. This act underscores the necessity for all U.S. employers to ensure their employees, hired post-November 6, 1986, are either U.S. citizens or possess legal authorization to work within the country. To this end, the DE 8401 form emerges as a vital tool, tasked with the verification process, entailing a detailed scrutiny of one's eligibility to engage in employment. Underscoring this mandate, from January 1, 1994, state or local government agencies, community action agencies, and private entities in California engaging in contractual services with local government must adhere strictly to this verification process. Despite these stringent requirements, the form also outlines a path for appeal for those denied services based on their inability to produce the necessary documentary proof. Additionally, it simplifies the process for job seekers by listing acceptable documents to establish both identity and employment eligibility, split into three categories for clarity and accessibility. This document, therefore, not only serves a functional purpose in the employment verification process but also embodies the broader legal and societal efforts to regulate and monitor work authorization within the United States, aiming to maintain a fair and regulated employment environment.
| Question | Answer |
|---|---|
| Form Name | De 8401 Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | seekers form search, seekers form get, ca seekers form pdf, ca seekers form printable |
Verification of
Authorization to Work
The Immigration Reform and Control Act requires all U.S. employers to verify the employment eligibility and identity of all employees hired to work in the United States after November 6, 1986.
Effective January 1, 1994, only those individuals verified to be U.S. citizens or persons legally authorized to work in the United States may receive employment and training services from any:
•State or local government agency.
•Community action agency.
•Private entity contracting with a state or local government agency within California to perform such services.
(Secondary schools and adult education programs excluded.)
To comply with this legislation, the EDD will ask to see documentary proof of authorization to work of every individual seeking
Appeal Rights
Individuals may appeal denial of services due to lack of documentary proof of authorization to work. Contact the nearest America’s Job Center regarding departmental appeal procedures.
www.edd.ca.gov
The EDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.
Attention All
Job Seekers
California state law requires that all job seekers show proof of authorization to work prior to receiving employment services from the Employment Development Department (EDD).
It’s easy — look inside for a complete list of all acceptable documents to use for verification.
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Here’s What You Need to Provide
To establish identity and authorization to work, present one selection from List A or a combination of one selection from List B and one selection from List C. All documents must be unexpired.
LIST A
Documents That Establish Both Identity
and Employment Authorization
1.U.S. Passport or U.S. Passport Card.
2.Permanent Resident Card or Alien Registration Receipt Card (FORM
3.Foreign passport that contains a temporary
4.Employment Authorization Document that contains a photograph (FORM
5.For a nonimmigrant alien authorized to work for a specific employer because of his or her status:
a.Foreign passport; and
b.Form
(1)The same name as the passport; and
(2)An endorsement of the alien’s nonimmigrant status as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.
6.Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form
LIST B
Documents that Establish Identity
1.Driver’s license or ID card issued by a state or outlying possession of the U.S. 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.School ID card with a photograph.
4.Voter’s registration card.
5.U.S. Military card or draft record.
6.Military dependent’s ID card.
7.U.S. Coast Guard Merchant Mariner Card.
8.Native American tribal document.
9.Driver’s license issued by a Canadian government authority.
For persons under age 18 who are unable to present a document listed above:
10.School record or report card.
11.Clinic, doctor, or hospital record.
12.
LIST C
Documents That Establish
Employment Authorization
1.A Social Security Account Number card, unless the card includes one of the following restrictions:
(1)NOT VALID FOR EMPLOYMENT.
(2)VALID FOR WORK ONLY WITH INS AUTHORIZATION.
(3)VALID FOR WORK ONLY WITH DHS AUTHORIZATION.
2.Certification of Birth Abroad issued by the Department of State (FORM
3.Certification of Report of Birth issued by the Department of State (FORM
4.Original or certified copy of a birth certificate issued by a state, county, municipal authority, or territory of the United States bearing an official seal.
5.Native American tribal document.
6.U.S. Citizen ID Card (FORM
7.Identification Card for Use of Resident Citizen in the United States (FORM
8.Employment authorization document issued by the Department of Homeland Security.
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