can a employer ask for green card

[yogib37 3]

Hello

I know a while ago I saw this topic discussed but I dont have the time to look for it.

My wife's is Green card will expired at the end of next month. her boss told her that her green card is about to expired. My wife said she will be suspended until she can show she still can work.

I told her they cant re verify your work. or ask for your green card to prove you still can work. Am I wrong or what is the procedure. I told her they can't it is illigal to do that.

thanks

Yogi

[SENKA 0]

Hello

I know a while ago I saw this topic discussed but I dont have the time to look for it.

My wife's is Green card will expired at the end of next month. her boss told her that her green card is about to expired. My wife said she will be suspended until she can show she still can work.

I told her they cant re verify your work. or ask for your green card to prove you still can work. Am I wrong or what is the procedure. I told her they can't it is illigal to do that.

thanks

Yogi

This was a reply to similar question I had. I hope it helps.

"To start with your employer has no legal right to ask to see your greencard... they can ask you to complete a I-9 and all you need are a State Drivers licence or ID card and a Unrestricted SSN....

see instructions for I-9 http://www.uscis.gov/files/form/i-9.pdf

Types of Employment Discrimination Prohibited Under the INA

Document Abuse

Discriminatory documentary practices related to verifying the employment eligibility of employees and the Form I-9 process are called document abuse. Document abuse occurs when employers treat individuals differently on the basis of national origin or citizenship status in the Form I-9 process. Document abuse can be broadly categorized into four types of conduct: 1) improperly requesting that employees produce more documents than are required by the Form I-9 to establish the employee’s identity and work authorization; 2) improperly requesting that employees produce a particular document, such as a “green card,” to establish identity or work eligibility;

http://www.uscis.gov/files/nativedocuments/m-274.pdf "

[motu 6]

I think if she can show him the extension letter (or stamp) and that would be OK. And even if it may be legally incorrect for him to ask to see the greencard - is that what you want to do - take the employer to court - for basically proving that you are 'legally' entitled to work? Consider the phrase - burning your bridges. Good Luck

[milimelo 4,541]

If your wife used her green card to prove she is authorized to work they noted down the expiration date of it (and that's why they're reminding her). She should be good with the extension letter or the stamp in the passport until she gets the new card.

[britty 1]

My employer has a color copy of my greencard. The request came with some paperwork explaining the requirement. I work for a large corporate and this is standard practice. I doubt they are breaking any laws.

[Euro 3]

If she has a no legend/not restricted SSC then they can NOT ask her to re-verify her employment status, i just went through the same thing!

About Form I-9, Employment Eligibility Verification

GREEN CARDS”

The terms Resident Alien Card, Permanent Resident Card, Alien Registration Receipt Card, and Form I-551 all refer to documentation issued to an alien who has been granted permanent residence in the U.S.. Once granted, this status is permanent. However, the document that an alien carries as proof of this status may expire. Starting with the “pink” version of the Resident Alien Card (the “white” version does not bear an expiration date), and including the new technology Permanent Resident Cards, these documents are valid for either two years (conditional residents) or ten years (permanent residents). When these cards expire, the alien cardholders must obtain new cards. An expired card cannot be used to satisfy Form I-9 requirements for new employment. Expiration dates do not affect current employment, since employers are neither required nor permitted to re-verify the employment authorization of aliens who have presented one of these cards to satisfy I-9 requirements (this is true for conditional residents as well as permanent residents). Note: Even if unexpired, “green cards” must appear genuine and establish identity of the cardholder

Edited May 25, 2008 by Euro