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Posted

I came to the US as an IR1 Immigrant, this means that upon entry into the US, I am automatically a Permanent Resident--with no conditions.

On my passport and visa, it indicates that with the endorsement of Homeland Security, my visa serves as a temporary I-551 (Green Card) proof of permanent residence for one year.

My employer claims that I need to present that green card for my Virginia Insurance Licensing/State Board exam. I called the the State Insurance Licensing office to verify that and they told me, on the other hand, that my passport, visa and Social Security Card is enough for the licensing .

My employer, however, is looking at pushing back the date of my employment and training until I get my green card. Apparently, they are doubtful that I am authorized to work. I can only present them with the documents I have: Visa with the one-year temporarily valid I-551 note.

How can I prove to my employer that I do not need an employment authorization? Will appreciate your advice. Thank you very much

P.S.

At the back of the card where my Social Security card is attached--there is a note there that says if you are an alien without permission to work in the U.S., your Social Security card will be marked "NOT VALID FOR EMPLOYMENT."

My Social Security ID has no notations like that--that should mean I have permission to work in the US. Right?

Filed: Citizen (apr) Country: Finland
Timeline
Posted

Your employer is wrong. They just need to look at the Instructions for the I-9 form which clearly state that the I-551 in your passport is in List A of acceptable documents that establish both identity and employment authorization. Here is the link to it. http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

CITIZENSHIP:
Eligibility Criteria: 5 years
xx-xx-1998: Eligibility Date
11-12-2013: Application Sent
11-19-2013: NOA Date
11-19-2013: Check/Money Order Cashed
11-22-2013: Bio-metric Letter sent Date
12-05-2013: Bio-metric Date
01-10-2014: In-line for Interview
02-06-2014: Interview Letter Received
03-12-2014: Interview Date

03-21-2014: In Oath Scheduling Que

03-24-2014: Oath Scheduled Notice Mailed

04-09-2014: Oath Ceremony

Filed: Citizen (apr) Country: Ghana
Timeline
Posted

Your employer clearly does not follow the law or disregards it. If they are so bent on checking they can just enroll in the e-verify system and I believe they can prove you are authorized to work. Or even better, call USCIS and check.

~AOS : 09/11/2014 - 2 YR Green card received!.

~ROC 07/13/2017 - 10 YR Green card received!.

~N-400 : 10/28/2020 - N400 Interview & Approval/Oath Ceremony/US Citizen!

 

More Importantly, I am a proud Anti-Fascist!

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

This is something your Talent Management Dept should be familiar with.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

First of, THANK YOU VERY VERY MUCH for the immediate response! Really do appreciate it!

It's technically 4 business days before my training and only now did they inform me they are having "difficulties" employing me. I already provided them with everything they need. Geez! Nerve wracking. I want this job so bad, I don't want to lose the opportunity or have any delays of getting it whatsoever. I was already lucky enough to get in exactly 2 weeks from POE--thought I was lucky. Hope my luck keeps up!

Your employer is wrong. They just need to look at the Instructions for the I-9 form which clearly state that the I-551 in your passport is in List A of acceptable documents that establish both identity and employment authorization. Here is the link to it. http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

Wow! Thank you for the link. I have to be able to resolve this before Friday this week. My training is about to start on March 24 and so worried I might be pushed back in April if I don't. That would mean $$$ lost! Whew! Very helpful, thanks!

Your employer clearly does not follow the law or disregards it. If they are so bent on checking they can just enroll in the e-verify system and I believe they can prove you are authorized to work. Or even better, call USCIS and check.

This is a big company! I wonder why they don't know this fact? Could I be the first alien they are employing in this branch? Hmmmm....

Show your employer the I-9 form. Walk him/her through it.

I will have to check it out. Never knew I-9 ever existed if not for you guys! Whew! You probably just saved a lot of heartache for me. Thank you so much!

This is something your Talent Management Dept should be familiar with.

Yes--i was wondering that, too! The HR team seem not familiar with employing aliens.

One thing more, they are actually taking their sweet time doing my background verification "investigating" ME back home since 2 weeks ago. I hope they have the results out quick! Don't want to miss the training next week. It's a big insurance company--why are they not familiar with the process yet?

Bring the I-9 to your employer's attention.

The I-551 stamp is your work authorization.

Under US laws, the employer can not refuse to accept the I-551 stamp and demand something else.

The employer is violating the law.

Woah! I know, right? I have to be firm and persistent with them. Gotta have that job!

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

Show the employer these sites.

http://www.docstoc.com/docs/51744446/List-of-Legal-Work-Papers

http://nevadalawhelp.org/resource/citizenship-and-immigration-status-discrimina?ref=Yl2FD

At the least, tell them to use Google.

Tell your employer that you will contact an attorney from the US State Department to file a discrimination complaint for refusing to accept the stamp. If they continue to discriminate, then call to file a complaint.

Edited by aaron2020
Posted

I was just in a call with HR--and they did confirm that it was an I-9 that I filled out 2 weeks ago! And now i just remembered I did sign those papers right after my drug test. Waited this long for the training...

Anyway, if they have asked me to sign the i-9--why are they making excuses that THE green card itself is required by The State Licensing Board?

(Like I said, it turns out it's not the State Licensing Board that needs THE green card per se, but it's my employer that is asking for it) Something is amiss...

I am writing HR an email right now...explaining the i-9 instructions. Fingers crossed.

Posted

Noted! Reading on this. Thank you very much!

I am actually smiling right now. Vital information you have here. For sure, they cannot say no anymore.

Show the employer these sites.

http://www.docstoc.com/docs/51744446/List-of-Legal-Work-Papers

http://nevadalawhelp.org/resource/citizenship-and-immigration-status-discrimina?ref=Yl2FD

At the least, tell them to use Google.

Tell your employer that you will contact an attorney from the US State Department to file a discrimination complaint for refusing to accept the stamp. If they continue to discriminate, then call to file a complaint.

Posted

Noted! Reading on this. Thank you very much!

I am actually smiling right now. Vital information you have here. For sure, they cannot say no anymore.

Show the employer these sites.

http://www.docstoc.com/docs/51744446/List-of-Legal-Work-Papers

http://nevadalawhelp.org/resource/citizenship-and-immigration-status-discrimina?ref=Yl2FD

At the least, tell them to use Google.

Tell your employer that you will contact an attorney from the US State Department to file a discrimination complaint for refusing to accept the stamp. If they continue to discriminate, then call to file a complaint.

Filed: Citizen (apr) Country: Finland
Timeline
Posted

You would be surprised how many companies have zero clue on immigration status and how to read/understand any forms that are required...

CITIZENSHIP:
Eligibility Criteria: 5 years
xx-xx-1998: Eligibility Date
11-12-2013: Application Sent
11-19-2013: NOA Date
11-19-2013: Check/Money Order Cashed
11-22-2013: Bio-metric Letter sent Date
12-05-2013: Bio-metric Date
01-10-2014: In-line for Interview
02-06-2014: Interview Letter Received
03-12-2014: Interview Date

03-21-2014: In Oath Scheduling Que

03-24-2014: Oath Scheduled Notice Mailed

04-09-2014: Oath Ceremony

Posted (edited)

open this link, and print it out. Then show the HR page 58 , it will solve the problem

http://www.uscis.gov/sites/default/files/files/form/m-274.pdf

Edited by myafi1985

AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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