Yes, we believe you may hire an applicant who provides you with a Form I-766. Federal law requires that employers verify whether an individual is authorized to work in the United States. Employers are required to use Form I-9, an Employment Eligibility Verification Form, to complete this requirement. Form I-9 lists Form I-766 as an acceptable document to use as proof of identification and authorization to work.
For resources related to our guidance, please see:
- 8 USC 1324a(a) (prohibition on hiring unauthorized aliens) and 8 USC 1324a(b) (employment verification system)
- Form I-9, page 9 (“List A: Documents that Establish Both Identity and Employment Authorization”)
- Documents that Establish Both Identity and Employment Authorization (List A Documents, with visual examples)