FERNANDO GARCIA MANTILLA, APPELLANT,
v.
REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, APPELLEE
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Fernando Garcia Mantilla, a non-U.S. citizen granted asylum, appealed a denial of unemployment compensation benefits based on failure to submit an Employment Authorization Document (EAD). The court affirmed, holding that while asylees are authorized to work incident to their status without an EAD, the state agency may require an EAD as verification evidence, and the denial was proper when the SAVE verification system could not confirm his status.
The court affirmed the denial of benefits, holding that while asylees are indeed authorized to work in the United States without an EAD, the state agency may require an EAD as documentation to verify employment authorization when the SAVE system cannot confirm the claimant's status. The Office did not err in requiring the EAD.
[1] An alien granted asylum is employment authorized incident to their status and does not require a separate Employment Authorization Document (EAD) to prove authorization t…
[2] Benefits-issuing agencies may require an Employment Authorization Document (EAD) as evidence to verify a claimant's immigration status and authorization to work, even if…
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Join FLexlaw to unlock all legal intelligence“Mr. Mantilla correctly asserts that he is authorized to work in the United States incident to his asylee status, and he does not need an EAD to effect such authorization.”
Establishes that the court acknowledged Mantilla's substantive right to work as an asylee without an EAD.
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Join FLexlaw to unlock all legal intelligenceMr. Mantilla, a non-U.S. citizen granted asylum status, applied for unemployment compensation benefits. An appeals referee found him ineligible becaus…
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The Reemployment Assistance Appeals Commission (“Commission”) affirmed a decision by an appeals referee finding Fernando Garcia Mantilla ineligible for unemployment compensation benefits. Mr. Mantilla, a non-United States citizen, was deemed not available for work during the period for which he sought benefits because he failed to submit an Employment Authorization Document (“EAD”) issued by the Department of Homeland Security, U.S. Citizenship and Immigration Services (“USCIS”)1 showing he was authorized to work in this country during the relevant period. Mr. Mantilla appeals the Commission’s final order, arguing that the document he submitted — a USCIS-issued 1-94 form showing that he has been granted asylum — is sufficient to prove his authorization to work here.
Mr. Mantilla correctly asserts that he is authorized to work in the United States incident to his asylee status, and he does not need an EAD to effect such authorization. See 8 C.F.R. § 274a.12(a)(5) (2011); see also Immigration and Naturalization Service Policy and Procedure Memorandum HQCOU 90/15 at 1 (June 17, 2002) (“Because an alien granted asylum is employment authorized incident to his or her status, such alien is authorized for employment regardless of whether he or she has applied for or been issued an EAD.”), available at 2002 WL 82071737(INS). However, the EAD is evidence of employment authorization that benefits-issuing *1291agencies, like Florida’s Office of Reemployment Assistance, may require in order to verify a claimant’s immigration status and authorization to work. See 8 C.F.R. § 274a.12(a) (2011); see also Immigration and Naturalization Service Memorandum for Regional Directors HQADJ 70/21.1.13 at 2 (Mar. 10, 2003), available at http:// www.uscis.gov/files/pressrelease/Asylees 031003.pdf (last accessed Dec. 6, 2012).
The Office of Reemployment Assistance (“Office”) uses the SAVE (Systematic Alien Verification for Entitlement) system to verify employment authorization.2 See Fla. Admin. Code R. 73B-11.013(2)(c). When authorization cannot be verified via SAVE, the Office requires “[d]ocumentation from the [USCIS] verifying authorization to work in the United States[.]” Id. In Mr. Mantilla’s case, SAVE failed to confirm his immigration and employment status. Consequently, the Office required Mr. Mantilla to submit an EAD. This was not error, and the Office will reconsider Mr. Mantilla’s claim once he provides the document. See id. (“A determination denying benefits due to the absence of authorization to work will be reconsidered when the claimant furnishes the required documentation.”).
AFFIRMED.
PADOVANO and SWANSON, JJ., concur.