September 1, 2005
MEMORANDUM FOR ADMINISTRATIVE STAFF, DISTRICT SUPERVISORS, VOCATIONAL REHABILITATION COUNSELORS AND REHABILITATION TEACHERS
FROM: Michael Fester, Deputy Director
SUBJECT: Vocational Rehabilitation Policy Re: Immigration Status
Effective on September 1, 2005, the following represents RSB’s policy regarding applicants for vocational rehabilitation services who are not United States citizens at the time of application:
Section 102 of the Rehabilitation Act of 1973 as Amended in 1998 requires that a consumer, in order to satisfy the requirements for mandatory components of an Individualized Plan for Employment, must describe the specific employment outcome they choose that is consistent with their "strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice."
Section 361.42 of the Final Regulations implementing the Rehabilitation Act Amendments of 1998 requires that a consumer of vocational rehabilitation services must express an intent to achieve an employment outcome in order to receive services.
Individuals who enter the United States with a student or temporary worker visa are allowed to work only under limited conditions, and with the expectation that upon completion of their work assignment or studies that they will return to the country of their origin. As such, these individuals are not considered as being able to meet the criteria of intending to achieve an employment outcome as they are not free to work in any location or in any type of employment they please. Illegal or undocumented individuals are also unable to legally accept work, and are therefore considered to be ineligible for vocational rehabilitation services.
In order to be considered eligible for vocational rehabilitation services (including assessment), an individual must be either a U.S. citizen or possess a Permanent Resident Card, Form I-551 (commonly known as a "Green Card"), which verifies their right to live and work permanently in the United States. Individuals who have entered the country under a student or temporary worker visa who wish to apply for vocational rehabilitation services must apply for and receive a Permanent Resident Card from the U.S. Citizenship and Immigration Services prior to submitting an application for vocational rehabilitation services.
CITATIONS FROM REHABILITATION ACT AND REGULATIONS
FROM: 1998 Amendments to Rehabilitation Act
Sec.361.42(a)(4):
(4) Achievement of an employment outcome. Any eligible individual, including an individual whose eligibility for vocational rehabilitation services is based on the individual being eligible for Social Security benefits under Title II or Title XVI of the Social Security Act, must intend to achieve an employment outcome that is consistent with the applicant’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
(i) The State unit is responsible for informing individuals, through its application process for vocational rehabilitation services, that individuals who receive services under the program must intend to achieve an employment outcome.
(ii) The applicant’s completion of the application process for vocational rehabilitation services is sufficient evidence of the individual’s intent to achieve an employment outcome, and no additional demonstration on the part of the applicant is required for purposes of satisfying paragraph (a)(4) of this section.
FROM: Rehabilitation Act of 1973 as Amended in 1998
Sec. 102: Eligibility and individualized plan for employment.
(b) Development of an individualized plan for employment‑
(3) Mandatory components of an individualized plan for employment‑ Regardless of the approach selected by an eligible individual to develop an individualized plan for employment, an individualized plan for employment shall, at a minimum, contain mandatory components consisting of‑‑
(A) a description of the specific employment outcome that is chosen by the eligible individual, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the eligible individual, and, to the maximum extent appropriate, results in employment in an integrated setting;