Mantilla v. Reemployment Assistance Appeals Commission
Mantilla v. Reemployment Assistance Appeals Commission
Opinion of the Court
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”)
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
The Office of Reemployment Assistance (“Office”) uses the SAVE (Systematic Alien Verification for Entitlement) system to verify employment authorization.
AFFIRMED.
. USCIS is the successor agency to Immigration and Naturalization Service.
. SAVE is a web-based service provided by USCIS. See http://www.uscis.gov (last accessed Dec. 6, 2012).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.