Form I-9 for refugees and asylees: Section 1, the refugee I-94 receipt, the asylee I-94, EADs and reverification

Refugees and asylees are authorized to work because of their immigration status, and that authorization does not expire. On Form I-9 they check "An alien authorized to work" in Section 1 and write "N/A" for the expiration date, even if they hold an Employment Authorization Document with a date on it. In Section 2 they may present any List A document or List B and List C combination: a refugee may start with the Form I-94 showing refugee admission, a 90-day List A receipt, and an asylee may present a Form I-94 showing asylum, a List C document that never needs reverification. Employers reverify only when the employee chooses to present an expiring document such as an EAD. This reflects USCIS guidance as of November 2026.

The mistakes here run in one direction: asking for more than the rules require, usually an EAD, and reverifying people whose authorization never expires. Both can be unlawful. For receipts in general, see the I-9 receipt rule; for reverification steps, see I-9 reverification.

What do refugees and asylees enter in Section 1?

• The fourth box, "An alien authorized to work." The Form I-9 instructions say refugees and asylees should not select "lawful permanent resident."
• "N/A" in the expiration date field. The M-274 says this applies even when the employee has an EAD with an expiration date.
• One identifying number: USCIS Number or A-Number, Form I-94 admission number, or foreign passport number and country of issuance.

As with every employee, you may not ask for documents to prove what they entered. IER's fact sheet puts it plainly: someone granted asylum or refugee status does not need to prove that status to complete Form I-9.

Which documents can refugees and asylees present?

The employee chooses among these. IER's fact sheet notes that refugees and asylees are eligible for Social Security cards without employment restrictions because of their status, and that if a worker presents a List B and a List C document, an employer may not ask for a List A document such as a DHS-issued card.

How does the refugee I-94 receipt work, step by step?

1. Accept the I-94 if the job will last at least three business days. For shorter jobs, receipts cannot be used.
2. Record it under List A as a receipt, for example "Receipt: Form I-94 w/refugee stamp" (the M-274 Appendix A abbreviation), and enter the date 90 days after the first day of employment as the end of the receipt period.
3. If you use E-Verify, do not wait. The E-Verify User Manual, Section 2.1.1, says the case for an employee who presents the refugee I-94 must be created by the third business day after hire, unlike a replacement receipt.
4. Diary a reminder well before day 90 and tell the employee both options: an EAD, or a List B document with an unrestricted Social Security card.
5. When the document arrives, cross out "Receipt" and record the new document in Additional Information, initialed and dated.

An example with illustrative dates: a refugee starts on Monday, March 1, 2027, and presents an I-94 printout with admission class "RE." The receipt period ends May 30, 2027. In April she brings a state ID card and an unrestricted Social Security card. You record both in Additional Information, and because neither expires for Form I-9 purposes, she is never reverified.

Why doesn't the date on the EAD end their work authorization?

The regulations tie the authorization to the status, not the card. For asylees, 8 CFR 274a.12(a)(5) says an expiration date on the EAD "reflects only that the document must be renewed, and not that the bearer's work authorization has expired." That is why Section 1 says "N/A", and why M-274 Section 6.1 says reverification does not apply to these employees unless they chose to present an expiring document, such as an EAD, in Section 2.

Two 2025 changes make that distinction matter more:

• Shorter EADs. USCIS announced on December 4, 2025 that the maximum validity of initial and renewal EADs for refugees and asylees, among other categories, drops from five years to 18 months for applications pending or filed on or after December 5, 2025. An employee who presented an EAD at hire will reach a reverification date sooner.
• Fewer automatic extensions. A renewal filed on or after October 30, 2025 no longer extends an expiring EAD, a change DHS made final on October 14, 2026. Renewals in the refugee (A03) and asylee (A05) categories filed before that date may still carry an extension of up to 540 days. M-274 Section 7.3, last updated in April 2025, still describes the 540-day combination without the cutoff; Section 5, revised July 7, 2026, reflects it. See EAD automatic extensions.

At reverification the employee may present any List A or List C document. USCIS's M-274 Section 14.0 says that if an employee whose EAD expired presents an unrestricted Social Security card, they do not also need to show a current DHS document. For a refugee or asylee, that ends reverification for good.

Are asylum applicants treated the same as asylees?

No, and confusing the two is a common error. An asylee has been granted asylum. An asylum applicant, whose EAD shows category C08, has a pending application and is authorized to work only through that EAD. Their Section 1 shows the EAD's expiration date, not "N/A", and the EAD is reverified when it expires. DHS can also invalidate C08 EADs; since August 2026, E-Verify's Status Change Report lists invalidated C08 EADs, and employers who find a current employee on it must reverify on Supplement B without creating a new E-Verify case.

What does the anti-discrimination law add?

• Refugees and asylees are "protected individuals." Under 8 U.S.C. 1324b(a)(3), people admitted as refugees or granted asylum are protected against citizenship status discrimination in hiring, firing, and recruiting or referring for a fee. IER says an employer cannot refuse to hire them because of their status unless a law, regulation, government contract or executive order requires it, an exception it calls rare.
• No specific documents, no extra reverification. IER warns that reverifying a worker when not required, based on citizenship, immigration status or national origin, might violate the law.
• Export controls are not a reason to exclude them. IER's export control fact sheet (revised March 2024) lists workers granted asylum or refugee status among "U.S. persons" under ITAR and the EAR, alongside citizens and permanent residents, and says those rules do not require limiting jobs to U.S. citizens.

IER enforces this. Its settlements page records a June 15, 2026 agreement with Whirlpool Corporation over its Amana, Iowa location, where IER found the company required non-U.S. citizens, including a charging party granted refugee status, to provide additional and unnecessary documents, and unnecessarily reverified non-U.S. citizens. Recruiters should also keep postings and screens free of "U.S. citizens only" language unless a real legal requirement applies; see citizenship status discrimination in hiring and work authorization questions in interviews.

What if a refugee or asylee has no Social Security number yet?

Newly arrived refugees sometimes start work before their number is issued. IER's fact sheet says a worker may start and be paid once Form I-9 is complete, even while waiting for a Social Security number, and that IRS and SSA guidance allow "000-00-0000" or "applied for" in payroll until the number arrives. E-Verify employers delay the case until the number is issued; the employee adds it to Section 1 with their initials and the date, and keeps working meanwhile. See Form I-9 without a Social Security number.

A refugee and asylee Form I-9 checklist

• Section 1: box 4, "N/A" for the expiration date, one identifying number; no proof requested.
• Section 2: the employee chooses; never insist on an EAD.
• Refugee I-94 receipt: recorded as a receipt with a 90-day end date and a reminder set.
• Asylee I-94: recorded under List C with a List B document; no reverification date.
• Reverification diaried only for documents that expire, such as an EAD, and closed for good once the employee presents an unrestricted Social Security card.
• C08 asylum applicants handled as EAD holders, not as asylees.
• No "U.S. citizens only" or export-control exclusions in postings without a legal basis.