Wife's Employer Asking to See Her Greencard

[Sergi9 110]

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?

The company doesn't have to 'cover its backside" if it follows the I9 regulations. The company has to cover its backside by doing any thing OTHER than following the I9 regulations.

[Deputy Purple 1,294]

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?

Wow! That's quite a leap there Sergi, maybe you should be in the Olympics.

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.

Since the OP didn't say they're asking her to fill out a new I-9, I would assume that you're right in the HR department not knowing how to properly handle the situation.

Maybe his wife (not him through a letter) should inform them directly that under the law they are allowed to ask her to complete an updated I-9 and offer that route instead of picking a fight with them over this.

In the end, how does the OP help his wife when he makes a bigger deal of the situation than it needs to be AND he treats her like a child by sending complaint letters to her employer's headquarters?

If he wants to help then he should teach her how to learn what her rights are and how to stand-up for them...

[Used to be broken 147]

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.

Well its against VJ TOS to suggest to someone to do something ILLEGAL. The same would apply to cooperating in an illegal scheme.

Her employer is doing something ILLEGAL you are suggesting she cooperate with that ?

They are not allowed to ask for specific documents thats the employees choice not the employers per Federal Law.

The only "issue" here is the Employers ignorance of the I9 regulations. Encouraging that ignorance would be encouraging illegal employement practices.

The only one complicating things here is the employer, the I9 clearly spells out that the DL and the SS card is all this is required. The request for the green card is inappropriate.

[katiemanny 64]

Well its against VJ TOS to suggest to someone to do something ILLEGAL. The same would apply to cooperating in an illegal scheme.

Her employer is doing something ILLEGAL you are suggesting she cooperate with that ?

They are not allowed to ask for specific documents thats the employees choice not the employers per Federal Law.

The only "issue" here is the Employers ignorance of the I9 regulations. Encouraging that ignorance would be encouraging illegal employement practices.

The only one complicating things here is the employer, the I9 clearly spells out that the DL and the SS card is all this is required. The request for the green card is inappropriate.

I disagree, you have to give proof of employment authorization, and Both DL nor SS card are proof of employment authorization. However a EAD or GC are documents to prove Employment Authorization to your Employer.

Edited September 14, 2011 by katiemanny

[Deputy Purple 1,294]

Well its against VJ TOS to suggest to someone to do something ILLEGAL. The same would apply to cooperating in an illegal scheme.

Her employer is doing something ILLEGAL you are suggesting she cooperate with that ?

They are not allowed to ask for specific documents thats the employees choice not the employers per Federal Law

There is a BIG difference between asking for something and requiring it.

If they are asking for the Greencard because it's the document used for the I-9 and they want to confirm it's still valid past the Conditional GC's expiry date then they are not breaking any law. Now if they are REQUIRING it and fire her for not providing it then they have broken the law.

I just think some people are being intentionally thin-skinned in this situation.

[Jojo92122 1,924]

This is just getting silly.

It is unlawful for the employer to demand to see her green card when she has already complied with the I-9 requirements by providing her driver's license and social security card.

Let's look at this from a practical viewpoint. What is the big deal in providing the green card to the employer? Show it to them, be done, and go back to work. Don't turn a molehill into a mountain. Not showing the green card is going to create problems at work. Is it worth it to defend the principle that it is unlawful for the employer to demand to see the green card? Does anyone want more useless ###### to deal with at work when it can painlessly be avoided?

Edited September 14, 2011 by Jojo92122

[katiemanny 64]

There is a BIG difference between asking for something and requiring it.

If they are asking for the Greencard because it's the document used for the I-9 and they want to confirm it's still valid past the Conditional GC's expiry date then they are not breaking any law. Now if they are REQUIRING it and fire her for not providing it then they have broken the law.

I just think some people are being intentionally thin-skinned in this situation.

I fully agree with your post, some people are making a giant deal out of this whole ordeal than necessary, My employer asked me to produce document of employment authorization at the time of hiring, I gave them my EAD at the time and all they needed was a copy of it and the card was returned to me within minutes, after it was expiring HR dept informed me that I need to provide documentation of employment authorization, I voluntarily offer to fax my Conditional GC to them but they wanted me to bring it in for verification and take a copy of it again. Until now my conditional GC has expired since 05/27/2011 I haven't heard from my employer since about this matter.

If they happen to ask me about that I will politely offer a copy of my 10 years card or take it so they can get a copy, no whining or make a giant deal out of that like a Drama King.

Edited September 14, 2011 by katiemanny

[Darnell 8,478]

[waves Hullo]

a note to all - Please review the current I-9 form. Have a Nice Day !

[tom&tanya 48]

This is just getting silly.

It is unlawful for the employer to demand to see her green card when she has already complied with the I-9 requirements by providing her driver's license and social security card.

Let's look at this from a practical viewpoint. What is the big deal in providing the green card to the employer? Show it to them, be done, and go back to work. Don't turn a molehill into a mountain. Not showing the green card is going to create problems at work. Is it worth it to defend the principle that it is unlawful for the employer to demand to see the green card? Does anyone want more useless ###### to deal with at work when it can painlessly be avoided?

I agree.

[Boiler 45,730]

Why the fuss about showing it?

[Aloe 10]

I can't even come up with a response to this I don't know about you but I went through a loooooong process and spent a lot of money to get my GC if someone wants to see it I will gladly produce it. I personally only get PO'd when somewhere WON'T take it...

[Brit Abroad 166]

Easy fix:

Employer: I'd like to see your green card please, ma'am

Employee: If you're verifying my legal status to work on the I-9, here's the documents you require as per Lists A, B and C. At this time, I've chosen not to include my green card but I believe you'll find the rest are in legal compliance.

See? Painless. Nothing wrong with the employer ASKING. If they are offered other legal alternatives and begin DEMANDING the green card or threatening to terminate her employment for failure to show it, then it's time to politely remind them that they have a legal obligation to stick to the lawful requirement and avoid the penalties associated with failure to do so.

Why on earth would you want to make working life more difficult for your spouse than it needs to be? The squeaky wheel may get more oil, but it's also likely to be changed sooner.

[HappyDancer 7]

I have always shown my GC ever since I started working. I came using the K1 and when the SSN card arrived, it clearly states: Valid Only with DHS Authorization. That tells me that as a supporting document tied to the SSN, I always have to show proof that I am authorized to work here (with the GC). I was even asked about the expiration of the card (since I have a conditional GC), and I just told them, I can't apply for the permanent one until 90 days prior to the expiration of my GC. No more questions.

[Sergi9 110]

Wow! That's quite a leap there Sergi, maybe you should be in the Olympics.

not sure its me making the leap here Bob. You seem to have taken your train way off the tracks from your normal "law and order, go by the rule book stance. (see your recent posts in other threads)

I gave example of another illegal employement practice sexual exploitation of a worker which is a Illegal and singling out recent immigrants for more intensive scrutiny of employment documentatin. Both are illegal employment practices. ILLEGAL IS ILLEGAL, right?

You also took the train off the tracks with your "hint" that if the employee in this circumstance doesn't cooperate with this illegal employment practice the employer could find another reason to let them go. That is retaliation yet another illegal employment practice.

This is why there are I9 rules to protect people from employers who knowingly or purposefully impose additional discriminatory practices. My guess is the employer is preparing for an I9 audit and in this case the employee is doing them a favor because if they find a memo asking for the Green Card after the DL and SS# have already been provided they will be dinged for it, or if they find that in addition to the DL and SS# they will be questioned on it.

Its extremely simple people, follow the I9 rules everyone is covered, deviate from the I9 rules and the employer faces fines and sanctions. The rules are clearly on the I9 form and the I9 HR Manual.

[John&Juvy 36]

When I was just hired they didn't really asked specifically for my greencard. But they asked me for my Alien # at the form that I filled up that they gave me as part of a requirements that I can really legally work in the U.S. IMO, I dont think it's a big deal if they ask for my greencard, I'm sure they will just photo copy it if they need it, and will hand the greencard back.

Edited September 14, 2011 by John&Juvy