Work authorization verification for ETA grant programs, Change 2

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                WIOA
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                       OWI
             Washington, D.C. 20210                     DATE
                                                        July 10, 2025

ADVISORY:        TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 10-23,
                 Change 2

TO:             STATE WORKFORCE AGENCIES
                STATE WORKFORCE ADMINISTRATORS
                STATE WORKFORCE LIAISONS
                STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
                AMERICAN JOB CENTER DIRECTOR
                STATE LABOR COMMISSIONERS
                WORKFORCE INNOVATION AND OPPORTUNITY ACT SECTION 167
                MIGRANT AND SEASONAL FARMWORKER PROGRAM GRANTEES
                WORKFORCE INNOVATION AND OPPORTUNITY ACT SECTION 169
                REENTRY EMPLOYMENT OPPORTUNITIES GRANTEES AND OTHER
                DEMONSTRATION PROGRAMS
                WORKFORCE INNOVATION AND OPPORTUNITY ACT SECTION 171
                YOUTHBUILD GRANTEES
                WORKFORCE INNOVATION AND OPPORTUNITY ACT NATIONAL
                DISLOCATED WORKER GRANT PROGRAM GRANTEES
                SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
                GRANTEES

FROM:           LORI FRAZIER BEARDEN
                Acting Assistant Secretary

SUBJECT:        Work Authorization Verification in Grant Programs Administered by the
                Employment and Training Administration

1. Purpose. This guidance provides direction regarding work authorization verification for
   grant programs administered by the Employment and Training Administration (ETA).

2. Action Requested. Entities receiving grants under the following programs must review and
   revise policies, documentation requirements, and procedures to align with this guidance:
   Workforce Innovation and Opportunity Act (WIOA) Title I Adult, Dislocated Worker, Youth
   programs (including statewide employment and training services funded by the Governor
   reserve); WIOA National Dislocated Worker Grants (DWGs); Wagner-Peyser Act (W-P)
   Employment Service; Reentry Employment Opportunities (REO) and other programs
   authorized under Section 169 of WIOA; YouthBuild; Section 167 Migrant and Seasonal
   Farmworker Program, also commonly referred to as the National Farmworker Jobs Program
   (NFJP); and the Senior Community Service Employment Program (SCSEP).

   RESCISSIONS                                           EXPIRATION DATE
   None                                                  Continuing

3. Summary and Background.

    a. Summary – This Training and Employment Guidance Letter (TEGL) directs the public
       workforce development system to update all policies and procedures to ensure that all
       participants served by the programs identified in the guidance are legally authorized to
       work in the United States. The overall goal of WIOA is to prepare job seekers and
       workers to succeed in the labor market while helping employers hire the skilled workers
       they need to compete in the global economy. Accordingly, participants served through
       WIOA and the related programs above must have valid work authorization. This will
       focus ETA-administered federal resources on the workers who can ultimately accomplish
       the congressionally directed goal of employment. Additionally, it will ensure employers
       have confidence that partnering with the workforce system will help them identify and
       hire workers who are both equipped with the skills to succeed on the job and legally
       authorized to work in the United States.

    b. Background – In February 2024, ETA issued TEGL 10-23, which explained that some
        ETA-administered program services did not constitute “federal public benefits” under the
        Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
        and therefore could be provided to job seekers and workers without verifying work
        authorization. This guidance attempted to differentiate among services that all help
        participants attain employment, which created confusion among grantees about which
        services were and were not allowable before verifying work authorization. Additionally,
        the guidance had acknowledged that individuals’ work authorization could change, but
        made no provisions for continued validation of work authorization. The guidance also did
        not require maintaining the kind of documentation that is routinely required for other
        participant characteristics. That TEGL was rescinded on March 27, 2025.

        With this new TEGL, ETA is changing its prior guidance to clarify and establish that all
        participant-level services are considered “federal public benefits” under PRWORA.
        Therefore, grantees must verify work authorization for all participants served by WIOA
        and related programs named above prior to delivering participant-level services.1

        This change aligns with PRWORA and WIOA. This guidance uses the more commonly
        understood and better-defined category of participant-level services2, and clearly states
        that all participant-level services are “federal public benefits” under PRWORA, because

1
  Programs such as YouthBuild, REO Youth, and NFJP youth services generally include assisting young people in
obtaining their high school equivalency or other secondary-level education services. These youth programs provide
these secondary-level education services along with other participant-level services that constitute federal public
benefits. Because at least some services provided to youth participants are federal public benefits, recipients must
verify participants’ work authorization. This policy is consistent with the overall goal of these youth programs to
prepare participants for employment, as discussed in this guidance.
2
  Participant level services are defined in Attachment II in TEGL 19-16, Guidance on Services through the Adult
and Dislocated Worker Programs under the Workforce Innovation and Opportunity Act (WIOA) and the Wagner-
Peyser Employment Service (ES), as amended by title III of WIOA, and for Implementation of the WIOA Final Rules.

         they are the same or similar as benefits listed in PRWORA at 8 USC 1611(c).3 While
         WIOA programs provide a range of services to jobseekers, the overall goal is to move
         participants into gainful employment. The same is true for programs under the Wagner-
         Peyser Act and title V of the Older Americans Act. Therefore, grantees are directed to
         provide participant-level services only to individuals with work authorization. This will
         focus ETA-administered federal resources on the main purpose of these programs.

4. Verification of Work Authorization Status. For the grant programs covered by this
   guidance, grantees may only deliver participant-level services to individuals authorized to
   work in the United States. The legal considerations for limiting services to these individuals
   include the following:

         •   WIOA - Section 188(a)(5) of WIOA states, “Participation in programs and activities
             or receiving funds under [Title I of WIOA] shall be available to citizens and
             nationals[4] of the United States, lawfully admitted permanent resident aliens,
             refugees, asylees, and parolees, and other immigrants authorized by the Attorney
             General[5] to work in the United States.”

         •   PRWORA - Title IV of the PRWORA restricts the eligibility of aliens (non-U.S.
             citizens and non-U.S. nationals) to receive what the law defines as “federal public
             benefits,” 8 U.S.C. § 1611, limiting eligibility for such benefits to certain “qualified
             aliens,” defined at 8 U.S.C. § 1641.
                  o Qualified Alien - At 8 U.S.C. 1611(a), PRWORA states, “an alien who is not
                     a qualified alien (as defined in section 1641 of this title) is not eligible for any
                     Federal public benefit.” The law then defines “qualified aliens” to include,
                     among others, lawful permanent residents and individuals who have been
                     granted asylum or refugee status.6
                  o Federal Public Benefit - PRWORA defines “federal public benefit” to
                     include “any retirement, welfare, health, disability, public or assisted housing,
                     postsecondary education, food assistance, unemployment benefit, or any other
                     similar benefit for which payments or assistance are provided to an individual,

3
  The term “federal public benefit” includes “any retirement, welfare, health, disability, public or assisted housing,
postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or
assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by
appropriated funds of the United States.”
4
  A U.S. national is defined as a citizen of the United States or a person who, though not a citizen of the United
States, owes permanent allegiance to the United States. 8 U.S.C. 1101(a)(22). For more information on non-citizen
nationals, see https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Certificates-Non-Citizen-Nationality.html.
5
  As explained in the preamble to the WIOA Final Rule, after the Homeland Security Act of 2002, Pub. L. 107–296,
transferred this work authorization authority to the Department of Homeland Security, reference in Federal law to
any transferred function shall refer to the official to whom that function is transferred. Therefore, instead of the
Attorney General, 20 CFR 683.285(a)(5) clarifies that this provision is referring to the Secretary of Homeland
Security or their designee.
6
  Note that the list above includes those “qualified aliens” that are most likely to interact with ETA grant programs.
For the complete list of “qualified aliens” under PRWORA, see 8 U.S.C. 1641. For questions regarding whether an
individual is a “qualified alien” under 8 U.S.C. 1641, contact ETA as noted in the Inquiries section.

                       household, or family eligibility unit by an agency of the United States or by
                       appropriated funds of the United States.”

         •   Note on Certain Nonimmigrants - Aliens in certain employment-based
             nonimmigrant categories, such as H-2A, H-2B, and CW-1 workers, are ineligible to
             receive participant-level services in WIOA and related programs as they are not
             included in WIOA Section 188’s category of “other immigrants authorized to work in
             the United States” or in PRWORA’s definition of “qualified alien.” See 29 U.S.C. §
             3248; 8 U.S.C. § 1641.

    All grantees must verify work authorization for individuals who otherwise meet participant
    eligibility requirements prior to delivering participant-level services.7 (If an individual does
    not meet participant eligibility requirements, the grantee will not deliver services and does
    not need to verify work authorization for that individual.) Work authorization must be
    verified by submission of documentation with a unique identifier (also called a “verifiable
    enumerator”). Some examples of acceptable documents for Form I-9, Employment Eligibility
    Verification, purposes include an unrestricted Social Security card; a Form I-551, Permanent
    Resident Card, (informally called green card); Form I-765, Employment Authorization
    Document (EAD); a U.S. birth certificate; and a U.S. passport. Several other documents
    might be specifically held by refugees, asylees, parolees, and other immigrants with work
    authorization.8 Grantees should give individuals the Lists of Acceptable Documents included
    on the Form I-9, so that individuals know which documents they can use to establish their
    work authorization.9 Individuals can choose from the acceptable types of documents which
    documentation they will show to establish their work authorization. This does not require
    individuals or grantees to complete an I-9 form; these requirements refer to the documents
    described in the I-9 that can demonstrate work authorization.

    If an individual certifies that they are a non-citizen or if an individual’s documentation
    indicates they are a non-citizen, valid work authorization and immigration status can be
    verified through the U.S. Citizenship and Immigration Services’ Systematic Alien
    Verification for Entitlements (SAVE). SAVE is an online service for registered federal, state,
    territorial, tribal, and local government agencies to verify U.S. citizenship and immigration
    status of applicants seeking benefits. In most instances, SAVE can also verify work
    authorization.10 ETA strongly recommends that grantees who are registered for SAVE (state,
    territorial, tribal, and local government agencies) use SAVE to verify immigration status in
7
  In the rare instance that an individual does not have work authorization but is in one of the categories of “qualified
alien” in PRWORA, 8 U.S.C. § 1641, contact ETA for further guidance.
8
  For guidelines on which documents on Form I-9 are issued to which categories of individuals, see USCIS I-9
Central at https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents/who-is-issued-this-document. For
specific guidance on evidence of employment authorization for refugees and asylees, see the USCIS Handbook for
Employers at https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees.
9
  Page 2 of the Form I-9 includes the Lists of Acceptable Documents. The Form I-9 is available at:
https://www.uscis.gov/sites/default/files/document/forms/i-9.pdf.
10
   In some situations, the initial automated SAVE response may not reflect an individual’s employment
authorization incident to status or may otherwise provide an unexpected response. In these situations, or when the
benefit applicant requests it, the agency that initiated the automated request to SAVE may need to request manual
SAVE verification and provide an electronic copy of the individual’s immigration document.

       relation to work authorization. State workforce agencies that are not registered for SAVE can
       apply with USCIS for SAVE access in order to use SAVE. As announced in April 2025,
       SAVE is now free to use for state, local, tribal, and territorial government agencies.11

       As grantees conduct verification of work authorization, they must ensure they comply with
       the nondiscrimination provisions at Section 188 of WIOA and its implementing regulations
       at 29 C.F.R. part 38. To ensure equal treatment, all participants must provide, and grantees
       must keep copies in case files, proof of authorization to work in the United States. Grantees
       must update all policies and procedures to conform to these requirements. For individuals
       whose work authorization is temporary, grantees must verify their continued work
       authorization at a reasonable interval determined by when their temporary authorization is
       expected to expire, but no less than once every three months. If, at any time, a grantee
       becomes aware that a participant’s employment authorization has expired or been revoked
       outside that 3-month check, then the grantee should exit the participant. Grantees who are
       registered to use SAVE can use the SAVE system for this continuous verification procedure.
       Grantees that cannot access SAVE should review documents listed as acceptable on the I-9
       as described above.

       The above requirements reference verifying work authorization prior to delivering
       participant-level services. In the WIOA title I Adult and Dislocated Worker programs, to
       become a participant, an individual must meet all applicable program requirements to receive
       services aside from self-service or information-only services or activities. A chart that details
       which services go beyond self-service or information-only service and therefore trigger
       participation is included as Attachment II in TEGL 19-16. For other WIOA programs, refer
       to program-specific guidance regarding what services trigger determination of “participant”
       status. For the W-P Employment Service program, which provides access to all job seekers,
       an individual must receive a service other than self-service and information-only services or
       activities to be considered a participant. Additionally, filing complaints via the W-P
       Employment Service and Employment-Related Law Complaint System is not a participant-
       level service, see 20 C.F.R. part 658, subpart E. For SCSEP, a participant is defined as an
       individual who is determined to be eligible, is given a community service assignment, and is
       receiving any service funded by the program as described in 20 C.F.R. part 641, subpart E.

       WIOA Section 166 Indian and Native American Program (INAP) grantees are not subject to
       the requirements of this TEGL.

5. Inquiries. Please direct inquiries to the appropriate Regional Office or your ETA Federal
   Project Officer.

6. References.
      • Workforce Innovation and Opportunity Act (WIOA), Pub. L. 113-128, 29 U.S.C.
         3101 et seq.;
      • Wagner-Peyser Act (W-P Act), 29 U.S.C. 49 et seq.;
      • Older Americans Act, Title V, 42 U.S.C. 3056 et seq.;

11
     See USCIS, About SAVE, Transaction Charges, https://www.uscis.gov/save/about-save/transaction-charges

      •   Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), Title
          IV, Pub. L. 104-193, 8 U.S.C. 1601 et seq.;
      •   The Nondiscrimination and Equal Opportunity Provisions (Section 188) of WIOA
          available at: https://www.ecfr.gov/current/title-29/subtitle-A/part-38;
      •   Training and Employment Guidance Letter (TEGL) No. 02-14, Eligibility of Deferred
          Action for Childhood Arrivals Participants for Workforce Investment Act and
          Wagner-Peyser Act Programs available at:
          https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-
          letter-no-02-14;
      •   TEGL No. 19-16, Guidance on Services through the Adult and Dislocated Worker
          Programs under the Workforce Innovation and Opportunity Act (WIOA) and the
          Wagner-Peyser Employment Service (ES), as amended by title III of WIOA, and for
          Implementation of the WIOA Final Rules available at:
          https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-
          letter-no-19-16;
      •   TEGL 10-23 change 1, Rescission of TEGL No. 10-23: Reducing Admin Barriers to
          Improve Customer Experience in Grant Programs Administered by ETA; and
      •   Executive Order 14218, Ending Taxpayer Subsidization of Open Borders.

7. Attachment. Not Applicable.