Citizenship Requirements

Disclaimer: This discussion is designed to provide general information regarding laws and policies that govern CBO's employment of noncitizens. It is not a substitute for legal advice. If a reader requires such advice or other assistance in the area of immigration law, he or she should contact an attorney who practices in that area or the U.S. Bureau of Citizenship and Immigration Services (www.uscis.gov).
 

Eligibility of Noncitizens for Employment

An individual who is not a citizen of the United States may be employed by CBO only if he or she is (1) not subject to the annual appropriation law ban that prohibits the payment of salaries to certain noncitizens; and (2) authorized to accept employment in the United States under the Immigration and Nationality Act and in accordance with CBO policy.
 

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 restriction 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 South Vietnam, 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 updates this page in accordance with new information.
 

U.S. Immigration Law and CBO Policy

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.

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, and are generally considered for employment by CBO. Aliens in this category include lawful permanent residents, refugees, and individuals who have been granted asylum.
   
   
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. Examples are students on J-1 visas, who may be employed only within the guidelines of the Exchange Visitor program; representatives to international organizations with G visas; and employees with H-1B visa status, who may only be employed by the organization that petitioned for their H-1B status. CBO submits petitions for H-1B status only in limited cases when CBO desires to employ a noncitizen in a permanent position for which acceptable applicants are scarce and the noncitizen is otherwise eligible for employment.
   
   
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. Bureau of Citizenship and Immigration Services. 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. Students with F-1 visas are authorized for temporary employment directly related to their major area of study as recommended by the Designated School Official. Because of the short time students with F-1 visas may be employed, CBO generally only accepts applicants with F-1 visas for intern and other limited-term positions of less than one year.

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. Bureau of Citizenship and Immigration Services, 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.