Work Authorization During Removal of Conditions

[Noname93 200]

Nope, I personally started a new job during ROC. It took them a while to figure out how to use the extension letter, but it worked fine. This was during covid so the Social Security offices were closed, but when they opened I got an unrestricted social security card. The only annoying thing is that if you are in the middle of ROC when you start, they can ask for reverification once your extension letter expires, so I'd definitely go the unrestricted ss card route.

[JeanneAdil 6,492]

A. No. Form I-9 rules instruct employers not to reverify a lawful permanent resident who initially presented an unexpired Permanent Resident Card, even when the card expires. Employers that request documents when not required, based on a worker’s citizenship status, may violate the INA’s anti-discrimination provision. If your employer reverifies your employment eligibility after you presented an unexpired Permanent Resident Card, contact IER.

 

https://www.justice.gov/crt/iers-frequently-asked-questions-faqs#lpr

[NorthByNorthwest 351]

4 hours ago, JeanneAdil said:

A. No. Form I-9 rules instruct employers not to reverify a lawful permanent resident who initially presented an unexpired Permanent Resident Card, even when the card expires. Employers that request documents when not required, based on a worker’s citizenship status, may violate the INA’s anti-discrimination provision. If your employer reverifies your employment eligibility after you presented an unexpired Permanent Resident Card, contact IER.

 

https://www.justice.gov/crt/iers-frequently-asked-questions-faqs#lpr

 

To add to this, the various I-9 instructions specifically mention that even conditional permanent residents are NOT subject to reverification:

Employers should not reverify:

• U.S. citizens and noncitizen nationals;
• Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2, including conditional residents; or 
• List B documents

 

 

[Bob in Boston 701]

14 hours ago, OldUser said:

That's strange. I never heard of this requirement. And never faced it. Not every year. When switching jobs - yes. When document expires - yes.

I have had same job for 5 years. 1 I-9/. not a requirement. Probably an employer requirement.

[codyfox 4]

Not true. He can work anywhere he wants.

I am an FMG finishing up residency and doing fellowship in July on an extension.….

[OldUser 6,635]

38 minutes ago, Bob in Boston said:

I have had same job for 5 years. 1 I-9/. not a requirement. Probably an employer requirement.

Probably incompetent HRs at some companies don't know what they're doing... Those are the same HRs who would freak out about extension letter and think LPR is no longer authorized to work while I-751 is pending.

 

That's why I always show unrestricted SS card and DL for verification. 

[powerpuff 6,697]

On 12/18/2023 at 2:21 PM, NorthByNorthwest said:

 

To add to this, the various I-9 instructions specifically mention that even conditional permanent residents are NOT subject to reverification:

Employers should not reverify:

• U.S. citizens and noncitizen nationals;
• Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2, including conditional residents; or 
• List B documents

 

 

This ⬆️ it mentions several times that LPR’s are NOT subject to reverification and also states that under the Discrimination section. If a current employer is asking for new proof after you already presented a 2 year green card at hiring, politely tell them that they have no business asking you that and just provide the link to the USCIS manual:

https://www.uscis.gov/book/export/html/59502 
 

Edited December 19, 2023 by powerpuff