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CITIZENSHIP
INFORMATION
Eligibility
of Non-Citizens
Immigration Law
Other Legal Requirements
Required Documentation
Eligibility of Non-Citizens
By law,
employment at most U.S. Government agencies, including the Library of
Congress, is limited to U.S. citizens. However, non-citizens may be hired
provided immigration law and other legal requirements are met.
Immigration Law
Under immigration
law, employers in the US may only hire aliens who:
- are assigned by
the Immigration and Naturalization Service (INS) to a class of immigrants
authorized to be employed (aliens who are lawfully admitted for permanent
residence by INS are the largest class of aliens in this category),
or
- an individual alien
who is expressly authorized to be employed.
Other Legal Requirements
In addition to meeting
the immigration law requirements, non-citizens must also fit into one
of the groups listed below in order to be eligible for Federal employment:
- Persons who owe
permanent allegiance to the United States (for example, natives of American
Samoa, Swains Island, and the Nothern Marianna Islands).
- Aliens from Cuba,
Poland, South Vietnam, countries of the former Soviet Union, or the
Baltic countries (Estonia, Latvia, and Lithuania) lawfully admitted
to the United States for permanent residence.
- Nationals of the
People's Republic of China who qualify for adjustment of status pursuant
to the Chinese Student Protection Act of 1992.
- Citizens of Ireland,
Israel, or the Republic of the Philippines.
- Refugees from South
Vietnam, Cambodia, or Laos paroled in the United States after January
1, 1975.
- Nationals of countries
allied with the United States in a defense effort. According to the
State Department, countries with qualifying treaties as of April 2004
include:
Argentina
Australia
Bahamas
Belgium
Bolivia
Brazil
Bulgaria
Canada
Chile
Colombia
Costa Rica
Cuba
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
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France
Germany
Greece
Guatemala
Haiti
Honduras
Hungary
Iceland
Italy
Japan
Korea (South only)
Latvia
Lithuania
Luxembourg
Mexico
Netherlands
New Zealand
Nicaragua
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Norway
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Romania
Slovak Republic
Slovenia
Spain
Thailand
Trinidad & Tobago
Turkey
United Kingdom
Uruguay
Venezuela
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Required Documentation
All non-citizen selectees
must provide appropriate documentation showing evidence that they are
eligible to be employed in the United States. This documentation must
be submitted upon reporting for duty. Appropriate documentation can consist
of any of the following:
- Unexpired Passport
with I-551 Stamp
- Alien Registration
Receipt Card or Permanent Resident Card (INS Form I-151)
- Unexpired Temporary
Resident Card (INS Form I-688)
- Unexpired Employment
Authorization Card (INS Form I-688A)
- Unexpired Employment
Authorization Document issued by the INS which contains a photograph
(INS Form I-688B)
- Unexpired re-entry
permit (INS Form I-327)
- Unexpired Refugee
Travel document (INS form I-571)
Last Update:
May 14, 2004
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