Wife's Employer Asking to See Her Greencard

[DEDixon 39]

It hasn't even been established the the employer's HR department has either been offered legal alternatives or refused to accept them so no "Document Abuse" has been established.

right, they asked for greencard, but she will present her DL and SS card and then see what happens.

[Harsh_77 718]

It hasn't even been established the the employer's HR department has either been offered legal alternatives or refused to accept them so no "Document Abuse" has been established.

I know that but look at the response ppl are jumping as doc abuse and phone numbers to hot line etc.

Also now OP said the HR is asking everyone and not just his wife alone.

[DEDixon 39]

That's a totally different story but...

You don't work there, your wife does. She's the one who has a beef with their system and honestly they don't even have to listen to anything to say to them.

If she has a problem with providing her Greencard then she should explain to the local HR employee that the Law says she can satisfy the requirement with her DL & SSN Card. If that fails then she should work her way up the chain of command.

If an employee files a complaint then there are laws that kick in to protect the employee. If an outsider files a complaint with the company even reading it is doing you a favor and nothing more.

I had a situation where there was some hinky stuff going on where my daughter worked and the only reason they gave me the time of day is because she was still a minor at the time.

hey bob, we are a family here. not sure about where you and your wife draw the line, but i pick up where i feel my wife needs help. if that is across the line in your family, fine, but if it isn't in my family then it really isn't off issue here. we make the rules in our family, not you or anyone else.

Edited September 14, 2011 by DEDixon

[DEDixon 39]

Also now OP said the HR is asking everyone and not just his wife alone.

everyone, every 2 years so some people have recently been asked while others have not been there for 2 years. their turn is coming so i just want them to know, if they don't already, that it is the employee's choice which documents to present.

[Harsh_77 718]

RIGHT BOB!

wow, you didn't get it from previous posts that they can't ask which documents to see?

I m guessing your wife's HR service is little smart and they are asking for her to produce GC since she must have marked her I9as perm resd.

[DEDixon 39]

I m guessing your wife's HR service is little smart and they are asking for her to produce GC since she must have marked her I9as perm resd.

all i know so far is that every 2 years they are asking to see greencard... maybe because it is easy. i don't know yet why they are asking for greencard. she will present DL and SS card and then we will go from there.

[hnubno 9]

Why don't you want to provide the greencard? Will it hurt her position if she did provide her employer with gc?

[DEDixon 39]

Why don't you want to provide the greencard? Will it hurt her position if she did provide her employer with gc?

just a matter of following the law, that is it. no other reason than just getting them to follow the law.

following the law is a 2 way street. they are collecting the information due to law and that's fine as long as they follow the law while collecting.

[deleted this acco 44]

I don't know but is her SS card printed "Valid for Work with yada yada Authorization?" Then my understanding will be she will also have to show her authorization along with the DL&SS card.

[Deputy Purple 1,294]

hey bob, we are a family here. not sure about where you and your wife draw the line, but i pick up where i feel my wife needs help. if that is across the line in your family, fine, but if it isn't in my family then it really isn't off issue here. we make the rules in our family, not you or anyone else.

I was simply pointing out that when an employee files a complaint the employer is required to evaluate, investigate and respond. Also the employee is protected from retaliation.

When someone who isn't an employee submits a complaint the company isn't required to do anything.

When my wife felt there was something unfair going on at her first job I encouraged her to make the complaint but in the end it was HER complaint to make not mine. When she complained but was unwilling to do anything about it I told her that I feel she has no room to complain if she won't complain to the people who can fix the problem and if the company doesn't care to fix the problem then maybe she should look for different employment.

In short I taught her to stand-up for herself and exert her rights which apparently isn't a common thing in the Philippines as there is no real trust of Gov't Agencies or Regulatory Bodies.

There is a Proper Procedure for everything and like I said employee complaints kind of require that en EMPLOYEE is filing the complaint.

[Sergi9 110]

As I pointed out it's quite possible that it was only suggested she provide her new Greencard for the I-9 update and she took it out of context.

If my wife's HR person says, "Hey I see you Greencard is due to expire soon, would you mind bringing in your new one when you get it so we can update your I-9" are they evil criminals discriminating against her? She could easily say "I'll give you me SSN Card an Driver's License which meet the requirement of the I-9." and be done with it. The OP hasn't indicated that his wife's situation is any different that this.

I don't think I even need to respond to this bit but I wonder did your spouse write a letter to your employer's HQ or did you inform the HR Person of their error?

When did I ever argue with this?

Regardless of the circumstances its a violation of the I9 rules to specify any particular document, Period. I don't know about the "evil" part, but they are violating a Federal Statute by specifying a document. You decide if you break the law are you a criminal?

They can ask for an updated I9, but the employee decides which documents off the I9 list a, b, or C they provide. Suggested, demanded, hinted, whatever... they are not supposed to do it. That is what I am saying and the law backs me up.

If you read the case that was cited earlier in this thread the Government fined them 290K for doing just this, asking immigrants, because they were immigrants for specific documents... and that is discriminating based on national origin sorry you cannot see that. There doesn't have to be a threat of termination its simply treating someone different because they are an immigrant.

Its clearly laid out that you hand them the form and they pick the documents... very simple stuff. Reading is fundamental and the warning to the employer is in a box at the top of the instructions.

HR people at minimum should read the X*&^% I9 form, since the administration is running around fining people and doing so many audits.

In my own circumstances, Did i ask my spouse write HR a letter? NO. did he need to no, I just sent a link to HR after the third time they suggested what documents I should send, and a link to the AILA website with the instructions on I9 audits. case closed.

Had the situation been turned around and they asked for my spouses GC after proferring the DL and SS card, I would have encouraged my spouse to speak up and helped writing a response to HR since English is not the spouses first language.

personally I think our spouses face enough hurdles in the process of getting established here, they don't have to put up with extra scrutiny because of ignorant HR people.

[A + M 29]

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.

Exactly!

And, OMG, a 4 pages long discussion about showing or not showing a GC?

OP has a lot of time on his hands. If everyone only followed and respected the laws in US.

Show the darn GC!

[Deputy Purple 1,294]

If you read the case that was cited earlier in this thread the Government fined them 290K for doing just this, asking immigrants, because they were immigrants for specific documents... and that is discriminating based on national origin sorry you cannot see that. There doesn't have to be a threat of termination its simply treating someone different because they are an immigrant.

My biggest problem was that until the OP returned with more information everyone was simply jumping to conclusions and the automatic assumption was that the employer was demanding his wife's greencard.

From the OP's further clarification it does appear the company's policy is a blanket policy of requiring greencards from all LPR employees every 2 years, this of course is a blatant violation of the law.

personally I think our spouses face enough hurdles in the process of getting established here, they don't have to put up with extra scrutiny because of ignorant HR people.

I couldn't agree with this statement more.

[hnubno 9]

I know a gal who had dl and ssn but ead expired. I'm thinking they are thinking along the line of what abbynak said. Even if it's illegal to ask for something like that how much can dl and ssn prove a persons citizen status or working status unless with a green card or birth certificate or ead. I can understand your side and the side of an employer.

Can a green card be revoked or no?

Edited September 14, 2011 by hnubno

[Boiler 45,499]

Yes