Changes in the Required Documentation for U.S. Employment for Citizens of Republic of the Marshall Islands Outlined
As of May 5, 2004, Citizens of
the Republic of the Marshall Islands (RMI) need only a valid RMI passport and
valid admission documentation as proof of authorization to work in the United
States. This represents a departure
from previous requirements set by the U.S.
The RMI, along with the
Federated States of Micronesia (FSM) attained independence from the United
States in 1986 pursuant to the Compact of Free Association (CFA).
The Republic of Palau also gained independence under a similar compact.
These three island nations are referred to as the “Freely Associated
States” (FAS). Under the
compacts, the citizens of all three island nations could enter the U.S. with a
passport or birth certificate. Upon
entrance, the FAS citizen had to apply for an EAD by submitting a Form I-765
Application for Employment Authorization.
The requirements for employment
authorization have now changed for citizens of the RMI.
Presently, a valid RMI passport is required for entrance to the U.S.
The only additional document required for employment authorization is the
unexpired I-94 issued at the port of entry.
These two documents are evidence of both identity and employment
eligibility for I-9 purposes and should be entered under Section 2 of List A
documents. An EAD is no longer
necessary but still may serve as valid work authorization.
Requirements for citizens of
FSM and Palau have not changed. While
Congress has authorized the same changes for the FSM as those that the FMI
citizens now enjoy, additional diplomatic agreement is necessary before such
changes go into effect for FSM citizens. Such
an agreement is expected sometime later this year.
For the citizens of Palau, no such changes have been negotiated or agreed
upon by Congress at this time.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.