USCIS Issues Guidance On Employment Eligibility For Citizens Of “Freely Associated States”

IMMIGRANTS & EMPLOYMENT

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USCIS ISSUES GUIDANCE ON EMPLOYMENT ELIGIBILITY FOR CITIZENS OF “FREELY ASSOCIATED STATES”
Immigrants' Rights Update, Vol. 18, No. 4, June 18, 2004

U.S. Citizenship and Immigration Services has issued guidance for employers concerning the employment eligibility of citizens of the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Palau.

Prior to 1986 these three Pacific Island nations were territories administered by the United States, and relations between them and the U.S. are governed by treaties that are called “Compacts of Free Association.” The three countries are often referred to collectively as the “Freely Associated States.” Under the compacts, citizens of the FAS have the right to travel to and work in the U.S. The compacts with RMI and FSM were recently amended, and the new guidance explains some of the changes made by these amendments. The amended compact with the RMI took effect on May 1, 2004; that with the FSM has not yet been implemented, but this is expected to take place later this year. The amended compact with Palau has yet to be negotiated. Thus, the new guidance is effective for now only with respect to citizens of the RMI.

The guidance explains that the amended compact provides that citizens of the RMI are no longer exempt from passport requirements for admission to the U.S. However, they continue to be allowed to enter the U.S. without visas and to work in the U.S. Moreover, they no longer need to obtain an employment authorization document (EAD) in order to work in the U.S. They may use a passport showing RMI citizenship, together with an unexpired admission document showing admission under the compact (Form I‑94) to establish both identity and employment eligibility.

The guidance notes that an I‑94 showing admission in a specific nonimmigrant status, such as “B1/B2 visitor” is not acceptable, since some RMI citizens are not compact entrants. The I‑94 for a compact entrant may indicate “CFA/MIS” or may have another annotation indicating compact admission. The I‑94 may indicate “D/S” (indicating admission for duration of status rather than a specific period), or may otherwise lack a specific expiration date.

The guidance also cautions employers that they should not request employees to show specific documentation and should accept documentation that appears to be genuine and to relate to the individual. Citizens of the RMI who have EADs may continue to use them, although they are no longer required to have a valid EAD.

USCIS, Office of Business Liason, “U.S. Employment of Citizens of the Republic of the Marshall Islands and the Other Freely Associated States,” Employer Information Bulletin 106 (May 1, 2004), published at 81 Interpreter Releases 644 (May 10, 2004).