If your employees need any sort of license – from driver's to real estate – they have to prove their legal presence. Under a 1996 law, illegal immigrants don't qualify for public benefits. The definition of "public benefits" is broad, and it includes such things as professional and occupational licenses, as well as a driver's license. The exact documentation required varies by state.
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In other words, it establishes that someone is legally living in the United States under federal immigration laws. Whenever you apply for official identity documents such as a driver's license or identity card, you will be asked to prove your lawful presence as required by federal law.
The easiest way to prove your legal presence is with a birth certificate issued by a United States government – city, county, state or possession such as Puerto Rico or the Virgin Islands. If you were born a citizen but born overseas, you can show a U.S. Certificate of Birth Abroad or a Report of Birth Abroad of a U.S. Citizen. The birth document should be either the original or a certified copy. Photocopies won't do it.
A United States passport is another proof of legal presence. The rules here vary by state and the type of document or license you're applying for, so be sure to check what type of legal presence document you need. In California, for example, an expired passport used acceptable if someone applies for a real-estate license. Now, you do not need to prove legal presence at all, reports the California Department of Real Estate. In Oregon, someone applying for a driver's license can't use a passport that expired more than five years ago as proof of legal presence.
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Passports from Puerto Rico, Guam and other U.S. possessions are also acceptable. Oregon also allows tribal ID cards if the tribe is federally recognized and based in the state.
Even if you're not American-born, you can prove legal presence by showing you've been admitted for permanent residence. A green card – also known as the Alien Registration Receipt Card – will do the trick. So will a Certificate of Naturalization or Certificate of Citizenship. Providing appropriate paperwork showing that you've been granted asylum or refugee status also meets the law. Even if the government's trying to deport you, you can prove legal presence by court documentation showing the deportation has been stayed.
In many cases, you have to provide a Social Security number along with your birth certificate or green card. The County of Hawaii, for example, requires that you bring in your Social Security card with your other documents when you present your legal presence evidence. Some states may accept a W-2 with your Social Security number on it, or a pay stub, if you don't have the card itself.
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Names change. Your name may have changed from the one on your birth certificate or driver's license because you got married, divorced or simply didn't like the name you used to go by. Usually you'll have to present added documentation showing state officials that you're still the same person. In Hawaii, for example, a certificate of marriage showing that you used to be Joan Smith before become Joan Johnson is acceptable.