Denied Employment with a I-551 stamp

[DJ&L 83]

So, my wife was to start a job at Wal-Mart today....but they wouldn't take her passport with an I-551 stamp as legal employment authorization.   She offered up her green card and her 1 year extension letter also...they said no.  They told her to come back with a permanent green card or a US passport.  

 

I asked to speak to the manager but he refused...said he was too busy so I filed a complain with the U.S. Department of Justice-Immigrant and Employee Rights Section.

 

This is why people want to get their F'IN green cards.  Because there are idiots, even at big companies, that should know better, that don't understand the rules.  My wife had been looking forward to working...doing anything just to get some experience and get out of the house.  Noe, we have to complain the the DOJ and risk pissing off a potential employer just to get what she's legally entitled to even though Wal-Mart is the one violating federal employment law.

[Hypnos 6,576]

The feds will likely slap some sense into Walmart on your behalf. 

 

The law is very clear on this. An I-551 stamp is valid and legal proof of employment eligibility for I-9 purposes. 

Edited August 18, 2017 by Hypnos

[mindthegap 2,521]

Oh dear

If she still wants to work there, suggest you go back and show the HR dept. this: https://www.uscis.gov/system/files_force/files/form/i-9-paper-version.pdf?download=1

 

Page 3 of that link details acceptable documents for I-9, and you will clearly see an I-551 stamp listed.She could show her drivers license + SSN if she wanted - without showing any GC or stamp whatsoever - it isn't up to the employer to choose.

 

Good on you for filing a complaint - what they have done is illegal.

 

 

[mcdull 474]

if she's a PR, all she needs for I9 is a Social Security card and Driving license.

 

[annie1526 50]

Why not use unrestricted Social Security Card AND Drivers License (or State ID)?

[DJ&L 83]

21 minutes ago, Anna51 said:

Why not use unrestricted Social Security Card AND Drivers License (or State ID)?

In hindsight....that's what she should have done.  

[Ketsuban 1,033]

Hopefully the manager enjoys his manager coming down hard on him for violating federal law. I like to imagine that happening, anyway,

[Going through 5,668]

Whomever refused it obviously didn't know the law..or was misinformed when refusing to accept her documentation.  Go back with the info @mindthegap linked to, should clear things up---good luck!

[belinda63 2,981]

Employers have to accept any choice of the documentation on the I-9, they do not get to pick which documents they will accept. It has become standard practice to ask for a driver's license and social security card and a lot of lower level manager's don't understand there are other documents that are acceptable.

You did the right thing and I am proud of you and your spouse.

[NYCruiser 423]

19 hours ago, Anna51 said:

Why not use unrestricted Social Security Card AND Drivers License (or State ID)?

Yes I agree. If you have an unrestricted Social Security Card and a Driver's License/State ID, it is better. Less information you give them the better. These people at Walmart are not the sharpest in the bunch. Minimum wage jobs tend to be very strict nowadays (for good reason). For Professional Jobs, they tend to ask for Passports for some reason. Even as a USC they wanted to see my Passport or Green Card. (My job does require extensive overseas travel though, so maybe)

[f f 725]

also try to speak with the corporate office about this since they will be more scared of lawsuits than the actual manager at the store.