De 8401 Form – Fill Out and Use This PDF

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 in-person employment related services prior to providing services.

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.

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 I-551).

3.Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine- readable immigrant visa.

4.Employment Authorization Document that contains a photograph (FORM I-766).

5.For a nonimmigrant alien authorized to work for a specific employer because of his or her status:

a.Foreign passport; and

b.Form I-94 or Form I-94A that has the following:

(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 I–94 or Form I–94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.

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.Day-care or nursery school record.

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 FS-545).

3.Certification of Report of Birth issued by the Department of State (FORM DS-1350).

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 I-197).

7.Identification Card for Use of Resident Citizen in the United States (FORM I-179).

8.Employment authorization document issued by the Department of Homeland Security.