I-551 stamp expiring amid coronavirus shutdown

[Boodaloo1 8]

I'm having a bit of a freak out over here. My husband is currently on an I-551 stamp that expires on April 27th, 2020 (as he's waiting for his I-751 to be processed and green card to be in hand). We live in the Seattle area and already the USCIS office has been closed down for two weeks due to an employee testing positive for COVID19. All of the schools in our area are closed until at least April 27th, 2020, so I'm suspecting USCIS will follow suit. I'm trying to be a bit proactive here and am wondering what he should do if the USCIS office is not open to renew his I-551 card before it expires? His I-751 application was submitted in September of 2017. It was moved to NBC sometime in 2018. We have not heard anything since. If his I-551 stamp expires, he cannot work. We called USCIS today and they told us we could contact NBC by mail (not email or through phone), is this really our only option? Is there anyone in a similar situation? And what can we do? Any suggestions? 

[Fr8dog 312]

Unless he is forced to show his passport each time he goes to work, there is no real need for the stamp. He is still allowed to work and reside in the US pending the approval.

[Boodaloo1 8]

1 minute ago, Fr8dog said:

Unless he is forced to show his passport each time he goes to work, there is no real need for the stamp. He is still allowed to work and reside in the US pending the approval.

His work requires proof of his current residency status. If this is expired, what proof should he show?

 

 

Edited to add : his work knows the date his I-551 expires and will request proof of renewal (they have done so each time he has had to renew his previous I-551 stamps)

Edited March 13, 2020 by Boodaloo1

[Fr8dog 312]

1 minute ago, Boodaloo1 said:

His work requires proof of his current residency status. If this is expired, what proof should he show?

It depends on his work really. He has been authorized to work and they can look it up in the SAVE system. Unless there is a major security issue, they are not allowed to ask for additional info. So the question is, is it a specialty job or do we have an overreaching HR department?

[Boodaloo1 8]

13 minutes ago, Fr8dog said:

It depends on his work really. He has been authorized to work and they can look it up in the SAVE system. Unless there is a major security issue, they are not allowed to ask for additional info. So the question is, is it a specialty job or do we have an overreaching HR department?

It is likely due to an overreaching HR department. I did not know they had access to a system they could search. Does every company have access to SAVE? 

[Fr8dog 312]

Just now, Boodaloo1 said:

It is likely due to an overreaching HR department. I did not know they had access to a system they could search. Does every company have access to SAVE? 

I'm not sure, most companies do. They need to chill out and just do their job. They need to verify he is allowed to work (they did that when he was hired) and verify that there were no restriction on that (there is no restriction for a conditional card holder). And that is it. If they fire him because of this they are looking at some serious issues.

[Boodaloo1 8]

2 minutes ago, Fr8dog said:

I'm not sure, most companies do. They need to chill out and just do their job. They need to verify he is allowed to work (they did that when he was hired) and verify that there were no restriction on that (there is no restriction for a conditional card holder). And that is it. If they fire him because of this they are looking at some serious issues.

I actually just googled the SAVE system and put my husband's information in. The search did not return anything having to do with any of his applications or ability to work. What exactly is it supposed to return that would show he is authorized to work?

[Fr8dog 312]

2 minutes ago, Boodaloo1 said:

I actually just googled the SAVE system and put my husband's information in. The search did not return anything having to do with any of his applications or ability to work. What exactly is it supposed to return that would show he is authorized to work?

Sorry, mixed things up. It's not SAVE it is the E-verify system.

 

https://www.e-verify.gov/mye-verify/self-check/employers.

 

Regardless, they have done their job and now need to stop haressing your husband. Don't put up with this ignorance based harassment.

[Boodaloo1 8]

11 minutes ago, Fr8dog said:

Sorry, mixed things up. It's not SAVE it is the E-verify system.

 

https://www.e-verify.gov/mye-verify/self-check/employers.

 

Regardless, they have done their job and now need to stop haressing your husband. Don't put up with this ignorance based harassment.

Thank you for providing the link! I went in and checked and his information shows up as being eligible to work. Is this sufficient proof for all employers in the U.S.?

[Fr8dog 312]

And some more info for you,  he can show drivers license (list B) and SSC (list C)

 

https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents?topic_id=1&t=b

 

At this point he does not have to proof he is allowed to work, but if they insist on it, it should work. They are entering some pretty shady territory for themselves as is is illegal to do so.   

Edited March 13, 2020 by Fr8dog

[Fr8dog 312]

And one more just because it is fun (fun part is at the bottom)

 

https://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights

[Lemonslice 4,805]

Employers are usually not supposed to reverify permanent residents; which documents did he show them. 

 

Section 5.1, see note

 

Quote

5.1 Reverifying Employment Authorization for Current Employees

When an employee’s employment authorization or, in most cases, employment authorization documentation expires, you must reverify their employment authorization no later than the date employment authorization expires. You may use Section 3 of Form I-9, or if Section 3 has already been used for a previous reverification or update, then use Section 3 of a new Form I-9. If you complete Form I-9 on paper, you must:

• Enter the last name, first name and middle initial from the original Form I-9 at the top of Section 2 leaving the Citizenship/Immigration Status field blank (only for those using Section 3 of a new form);
• Complete Section 3;
• Keep only the second page of the new Form I-9 with the original.

When completing the Form I-9 using a computer, you must enter the last name, first name and middle initial from the original Form I-9 at the top of Section 3.

When you complete Section 3 on a computer and print, Sections 2 and 3 will appear on the same page. The employee must present a document that shows current employment authorization such as any document from List A or List C, including an unrestricted Social Security card. You cannot continue to employ an employee who cannot provide you with proof of current employment authorization.

Note: Reverification is never required for U.S. citizens and noncitizen nationals. Do not reverify the following documents after they expire: U.S. passports, U.S. passport cards, Alien Registration Receipt Cards/Permanent Resident Cards (Form I-551), and List B documents.

 

 

[Fr8dog 312]

16 minutes ago, Lemonslice said:

Employers are usually not supposed to reverify permanent residents; which documents did he show them. 

 

Section 5.1, see note

 

 

From the same document:

11.4 Avoiding Discrimination in Recruiting, Hiring, and the Form I-9 Process

In practice, you should treat individuals equally when recruiting and hiring, and when verifying employment authorization and identity during the Form I-9 process.

You should not:

• Have different rules or requirements for individuals because of their national origin, citizenship, or immigration status. For example, you cannot demand that non-U.S. citizens present DHS issued documents. Each individual must be allowed to choose the documents that they will present from the lists of acceptable Form I-9 documents. For example, both citizens and other employment authorized individuals may present a driver’s license (List B) and an unrestricted Social Security card (List C) to establish identity and employment authorization. However, you must reject documents that do not reasonably appear to be genuine or to relate to the individual presenting them.
• Request to see employment eligibility verification documents before hire and completion of Form I-9 because an individual looks or sounds “foreign,” or because the individual states that they are not a U.S. citizen.
• Refuse to accept a document, or refuse to hire an individual, because a document has a future expiration date.
• Request specific documents from individuals to run an E-Verify case or based on an E-Verify tentative nonconfirmation.
• Request that an individual run a Self Check case and/or present documents showing the individual cleared Self Check.
• Request that an employee who presented an unexpired Permanent Resident Card present a new document when the Permanent Resident Card expires.
• Request specific documents for reverification. For Example, an employee who presented an unexpired Employment Authorization Document (Form I-766) during initial verification should be requested to present any document of their choosing from either from List A or from List C during reverification.
• Limit jobs to U.S. citizens unless U.S. citizenship is required for the specific position by law; regulation; executive order; or federal, state, or local government contract.

 

[DELETEME1234 208]

On a separate train of thought: did the advice to contact NBC come from a tier 2 officer?

[Boodaloo1 8]

5 hours ago, Lemonslice said:

Employers are usually not supposed to reverify permanent residents; which documents did he show them. 

 

Section 5.1, see note

 

 

Thank you for pulling this up! I will keep this to show his employer if prompted

Edited March 13, 2020 by Boodaloo1