June 19, 2013
By law, employment at most U.S. Government agencies, including the Library of Congress, is limited to U.S. citizens. However, non-citizens may be hired provided immigration law and other legal requirements are met, and the Library determines there are no qualified US Citizens available for the position.
Under immigration law, employers in the US may only hire aliens who:
- are assigned by the Immigration and Naturalization Service (INS) to a class of immigrants authorized to be employed (aliens who are lawfully admitted for permanent residence by INS are the largest class of aliens in this category), or
- an individual alien who is expressly authorized to be employed.
Other Legal Requirements
In addition to meeting the immigration law requirements, non-citizens must also fit into one of the groups listed below in order to be eligible for Federal employment:
- Persons who owe permanent allegiance to the United States (for example, natives of American Samoa, Swains Island, and the Nothern Marianna Islands).
- Aliens from Cuba, Poland, South Vietnam, countries of the former Soviet Union, or the Baltic countries (Estonia, Latvia, and Lithuania) lawfully admitted to the United States for permanent residence.
- Nationals of the People's Republic of China who qualify for adjustment of status pursuant to the Chinese Student Protection Act of 1992.
- Citizens of Ireland, Israel, or the Republic of the Philippines.
- Refugees from South Vietnam, Cambodia, or Laos paroled in the United States after January 1, 1975.
- Nationals of countries allied with the United States in a defense effort. According to the State Department, countries with qualifying treaties as of April 2004 include:
- Costa Rica
- Czech Republic
- Dominican Republic
- El Salvador
- Korea (South only)
- New Zealand
- Slovak Republic
- Trinidad & Tobago
- United Kingdom
All non-citizen selectees must provide appropriate documentation showing evidence that they are eligible to be employed in the United States. This documentation must be submitted upon reporting for duty. Appropriate documentation can consist of any of the following:
- Unexpired Passport with I-551 Stamp
- Alien Registration Receipt Card or Permanent Resident Card (INS Form I-151)
- Unexpired Temporary Resident Card (INS Form I-688)
- Unexpired Employment Authorization Card (INS Form I-688A)
- Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B)
- Unexpired re-entry permit (INS Form I-327)
- Unexpired Refugee Travel document (INS form I-571)