Wife's Employer Asking to See Her Greencard

[DEDixon 39]

Is this allowed? She has a CA driver's license and a valid SS card without a note of it stating that it isn't a right to work so why do they need to see the greencard?

I keep thinking that it is unnecessary, because since I was born in the US the like document is my passport and lots of US citizens don't have passports.

In the past, when applying for a job, there is a question on the application: can you work legally in the US? And then there is a part about providing SS card as well another form of ID which for me has always been my drivers license.

To me, after you have your DL and your SS card, the greencard is just something to get back into the country.

[EAbbas 213]

Is this allowed? She has a CA driver's license and a valid SS card without a note of it stating that it isn't a right to work so why do they need to see the greencard?

I keep thinking that it is unnecessary, because since I was born in the US the like document is my passport and lots of US citizens don't have passports.

In the past, when applying for a job, there is a question on the application: can you work legally in the US? And then there is a part about providing SS card as well another form of ID which for me has always been my drivers license.

To me, after you have your DL and your SS card, the greencard is just something to get back into the country.

Don't know the answer but I did find this link

http://www.nilc.org/dc_conf/flashdrive09/Worker-Rights/emp3_proving-work-auth.pdf

I skimmed thru it but it might be of help and it might not...

[JohnandWendyB 21]

Is this allowed? She has a CA driver's license and a valid SS card without a note of it stating that it isn't a right to work so why do they need to see the greencard?

I keep thinking that it is unnecessary, because since I was born in the US the like document is my passport and lots of US citizens don't have passports.

In the past, when applying for a job, there is a question on the application: can you work legally in the US? And then there is a part about providing SS card as well another form of ID which for me has always been my drivers license.

To me, after you have your DL and your SS card, the greencard is just something to get back into the country.

I am a Caucasian natural-born USC. Every job I have ever had I had to provide documentation such as a birth certificate to prove I was a USC. I would think the social security card would be one of the forms of evidence but I know there are two categories from which they need evidence. If she is legal, why not just show the green card? I know it is kind of like whenever I go to Walmart on my motorcycle I get stopped and asked for my receipt on my way out (but no other time). It is possibly discriminatory but it isn't like the employer does NOT have to verify that info anyway.

[missicy 87]

If you look at the Employment Eligibility Verification form you will see that greencard is a document, accepted to establish both identity and employment authorization. If she shows her greencard, then she doesn't have to show any other documents or SS card.

[Deputy Purple 1,294]

If you look at the Employment Eligibility Verification form you will see that greencard is a document, accepted to establish both identity and employment authorization. If she shows her greencard, then she doesn't have to show any other documents or SS card.

Actually SS Card is always required for tax reporting purposes...

And To OP, FWIW a SSN Card without the restriction printed on it doesn't really prove that your're currently legally present and authorized to work. It just proves that you were at some point.

Edited September 14, 2011 by Bob 4 Anna

[milimelo 4,477]

The employer CAN NOT ask specifically for her green card. That is up to your wife what document she wants to provide as long as it complies with options in I-9 form. I NEVER showed my GC, always just SSN card and DL and that was enough.

Read the form I-9 - instructions are in the front and stand your ground - HR sometimes needs to be told what is legal and what not.

[Brother Hesekiel 2,236]

That is a good question.

Every employee, or, more precisely, every just hired employee is required to fill out the I-9 form. On it, she has to mark one of the following fields:

1) US citizen

2) Non-citizen US national

3) Lawful permanent resident

4) Non resident allowed to work

She then has to provide proof of two things:

1) Proof of who she is

2) Proof that she is authorized to work.

There are three lists of documents that prove this. Documents on LIST A proof 1) AND 2) and the Green Card is on that list A; documents on LIST B prove the identity only and the driver's license is on LIST B; and documents on LIST C proof the authorization to work only and the unrestricted SSN card is on LIST C.

In easy terms 1 LIST A = 1 LIST B + 1 LIST C. In English: either she shows her Green Card, OR she shows her driver's license AND her SSN card.

It's HER choice which documents to provide, which is why they have a list of accepted documents.

Therefore, the employer has no RIGHT to see her Green Card. That doesn't mean that it is the smart thing to start a war over it. If they want to get rid of her, they'll find another reason as a cover up.

[niunia&me 3]

I don't know were your wife works, but we do jobs for the US government. I do know that as of a year ago every new hire has to be checked through Homeland Security. If they are not listed to legally work, they will be let go unless they can prove otherwise. I'm not sure of the process, but I do know about it.

[milimelo 4,477]

I don't know were your wife works, but we do jobs for the US government. I do know that as of a year ago every new hire has to be checked through Homeland Security. If they are not listed to legally work, they will be let go unless they can prove otherwise. I'm not sure of the process, but I do know about it.

It's called E-verify.

[DEDixon 39]

I don't know were your wife works, but we do jobs for the US government. I do know that as of a year ago every new hire has to be checked through Homeland Security. If they are not listed to legally work, they will be let go unless they can prove otherwise. I'm not sure of the process, but I do know about it.

Point is that I don't have a greencard and if I didn't travel I wouldn't have a passport so all I have is a DL and SS card.

And like someone said already, E-verify would identify her as legal to work just like it would me.

Thanks for the answers, they aren't going to see her greencard.

BTW, she has worked there for 2 years and suddenly they want to see a greencard again. She showed it to them the first time, because she didn't have a DL.

I'd love for them to retaliate. It is very easy to file a compliant for retaliation: http://www.eeoc.gov/laws/types/retaliation.cfm

Other things have happened that have caused me to write letters to the HR department at HQ. She can't really mess up in her line of work unless she steals from them so they are going to need to be very clever to fire her without it appearing retaliatory. She is minding her Ps and Qs. None of her peers know anything about the letters so she does not feel isolated or anything. She actually feels stronger than ever by putting them on the defense, because they do change their attitude locally when letters begin to arrive at HQ. When they get a new manager, he/she always goes too far on a power trip.

[happyblessedme 12]

Point is that I don't have a greencard and if I didn't travel I wouldn't have a passport so all I have is a DL and SS card.

And like someone said already, E-verify would identify her as legal to work just like it would me.

Thanks for the answers, they aren't going to see her greencard.

BTW, she has worked there for 2 years and suddenly they want to see a greencard again. She showed it to them the first time, because she didn't have a DL.

I'd love for them to retaliate. It is very easy to file a compliant for retaliation: http://www.eeoc.gov/laws/types/retaliation.cfm

Other things have happened that have caused me to write letters to the HR department at HQ. She can't really mess up in her line of work unless she steals from them so they are going to need to be very clever to fire her without it appearing retaliatory. She is minding her Ps and Qs. None of her peers know anything about the letters so she does not feel isolated or anything. She actually feels stronger than ever by putting them on the defense, because they do change their attitude locally when letters begin to arrive at HQ. When they get a new manager, he/she always goes too far on a power trip.

For me it is just very SIMPLE. If they ask for your wife's green card..then why not provide them a copy of it?? WHy make things complicated when it is so easy to solve the issue.

[milimelo 4,477]

For me it is just very SIMPLE. If they ask for your wife's green card..then why not provide them a copy of it?? WHy make things complicated when it is so easy to solve the issue.

Because LEGALLY, they CAN NOT DEMAND to see ANY SPECIFIC DOCUMENT from the employee. EMPLOYEE gets to CHOOSE which documents from lists A, B and C he/she wants to SHOW the HR.

Understand now?

[Deputy Purple 1,294]

BTW, she has worked there for 2 years and suddenly they want to see a greencard again. She showed it to them the first time, because she didn't have a DL.

Actually asking for the Greencard makes more sense now. She entered on a K-1 was issued a 2 yr conditional greencard and began to work. Why is it so upseting they they want to see that it has been renewed (conditions removed)?

There is so much complaining about illegals working and such (especially on this site) and now we're vilifying an employer becuase they made a note of the greendcard expiration and want to ensure she's still authorized to work?

Other things have happened that have caused me to write letters to the HR department at HQ.

Wow, YOU write letters to your wife's employer's headquarters? Don't you think it would be better if you taught her how to fight her own battles?

BTW, even if they don't downsize her I wouldn't expect her to have much of a future at this company.

Because LEGALLY, they CAN NOT DEMAND to see ANY SPECIFIC DOCUMENT from the employee. EMPLOYEE gets to CHOOSE which documents from lists A, B and C he/she wants to SHOW the HR.

And LEGALLY no employee has a right to work at any company. If the company wants to cover their backside by ensuring the GC wasn't just let to expire (which would put them in a bad spot) then how can they do that?

[Jojo92122 1,924]

http://www.nilc.org/dc_conf/flashdrive09/Worker-Rights/emp3_proving-work-auth.pdf

When and how do I have to show my work authorization to my employer?

Your employer must ask you to complete the I-9 Form within 3 days of beginning your job. The I-9

Form lists documents that you can show to establish your identity and employment eligibility. You the worker, not the employer, have the right to choose which of the listed documents you are going to show

the employer. It is unlawful for your employer to demand that you show a specific document only, or to

ask that you present more documents than the ones that are required.For example, your employer cannot

demand that you show a green card, if you have other documents listed on the I-9 Form showing that you

are authorized to work in the U.S. The employer might be engaging in a type of discrimination called

“document abuse” if the employer does not allow you to choose which documents to show. Talk to an

immigrant rights organization, a worker center, your union, or call the number below if you think that

your employer is breaking this law. You may also contact the Office of Special Counsel for Immigration

Related Unfair Employment Practices (OSC) at 1-800-255-7688 or 1-800-237-2515 to report potential

discrimination by an employer. Note that if your employer is participating in E-Verify, you will be

required to provide your employer with your Social Security number and the document that you show to

establish identity must contain a photograph.

Edited September 14, 2011 by Jojo92122

[Sergi9 110]

Actually asking for the Greencard makes more sense now. She entered on a K-1 was issued a 2 yr conditional greencard and began to work. Why is it so upseting they they want to see that it has been renewed (conditions removed)?

How about because its ILLEGAL and its none of thier friggin bee's wax? So if they "want" to see her naked too should she just strip down and give a show?

There is so much complaining about illegals working and such (especially on this site) and now we're vilifying an employer becuase they made a note of the greencard expiration and want to ensure she's still authorized to work?

We are 'vilifying" the employer for illegal and discriminatory hiring practices. You have to apply the SAME standard to all employees on an I9 audit and the company cannot make up its own BS rules as it goes along. Its a serious violation of I9 regulations to single out an employee and ask for specific documentation regardless of circumstances.

They are under no circumstances allowed to ask for specific documents, you provide whatever is in list A, B, or C per the I9 list.

Obviously the HR people at this location are not up to speed on this issue and since big fines are levied for this type of thing, its to the companies benefit the OP's wife is giving them an education on this;

See the below case where employer fined $290k for this kind of non-sense

http://www.justice.gov/opa/pr/2011/August/11-crt-1070.html

Edited September 14, 2011 by Sergi9