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lilacmarie213

Employers asking for GC for I9 despite having unrestricted SS card + DL?

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Hello,

 

My SO has had a couple different jobs so far in the US, and so far every single one of them has insisted that he use his green card (from list A), instead of his drivers license (list B) + unrestricted SSN card (list C). My understanding is that it is illegal for employers to dictate the documents used on the I-9 - so why do they keep doing this?

One of his new job prospects (he's already been "hired", but is still in the background check process) is also claiming that because it is a school district, he is "required" to use his green card instead... I think this is also incorrect and just some human resources BS. Any thoughts? Or advice on how to approach?

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  People get social security for many reasons. It is meant to record earning not authorize work.  Drivers license it to operate a car and doesn't authorize work.  What authorizes him to work ?    


This will not be over quickly. You will not enjoy this.

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4 minutes ago, NigeriaorBust said:

  People get social security for many reasons. It is meant to record earning not authorize work.  Drivers license it to operate a car and doesn't authorize work.  What authorizes him to work ?    

Please read the i-9 guide for employers.  Unrestricted SSN and driver's licence are sufficient.

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Look at the I-9. It lists the specific documents that must be provided and specifically states the employer cannot tell the employee which ones they can use. If the school district needs the green card for background checks I can understand that but they can't require him to list it as a document for I-9 purposes.

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Look up I-9 instructions for employers on uscis.gov. They don’t get to pick which documents employee has to show. Totally up to the employee. 

 

And yes, unrestricted ss card plus drivers license = enough to satisfy I-9 requirements. It’s all I ever used since getting my gc. 

 

May want to say you’d like them to call department of labor if they can’t follow instructions. Or offer to do it for them. There was a topic here 6-9 months ago where it was the same question and op got the job and hr got a learning/retraining experience. 


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3 minutes ago, NigeriaorBust said:

  People get social security for many reasons. It is meant to record earning not authorize work.  Drivers license it to operate a car and doesn't authorize work.  What authorizes him to work ?    

A SS card with just the holder’s name and the number is the work authorization itself. SS card for any other reasons will have restrictions printed accordingly.

 

DL is the identity.

 

 


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Why make a meal of it?


“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.”

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Posted (edited)
8 minutes ago, Boiler said:

Why make a meal of it?

His green card will be expiring in the middle of this assignment - hence why we'd like to avoid using it altogether.

He's also had employers claiming that even if the GC is not used on the I-9, they still want to make photocopies of it, which I also find strange.

Edited by lilacmarie213

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The unrestricted SS card + valid driver's license meets the I-9 criteria. They are prohibited from requiring a specific document.

 

As for why employers ask for a green card still, I would wager that it almost always is because they don't know any better.


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15 minutes ago, belinda63 said:

Look at the I-9. It lists the specific documents that must be provided and specifically states the employer cannot tell the employee which ones they can use. If the school district needs the green card for background checks I can understand that but they can't require him to list it as a document for I-9 purposes.

Having it be part of the background check isn't something I'd thought of - thanks!

Supposedly the background check for this specific job is only through the state patrol though so I'm not sure if that would still apply, but interesting possibility nonetheless.

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Posted (edited)

2 choices:

1. You can fight for that, talk to DOL and such 

2. You can simply give them your GC so they make a copy of it for their records. Your expiring GC should be of no issue. Employers don’t need to reverify the GCs that are unexpired at the time of i9.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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10 hours ago, lilacmarie213 said:

Having it be part of the background check isn't something I'd thought of - thanks!

Supposedly the background check for this specific job is only through the state patrol though so I'm not sure if that would still apply, but interesting possibility nonetheless.

Strange because I am in a profession that requires background checks, and as a US citizen, I've only ever had to provide my SSN and Washington DL.

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10 hours ago, arken said:

2 choices:

1. You can fight for that, talk to DOL and such 

2. You can simply give them your GC so they make a copy of it for their records. Your expiring GC should be of no issue. Employers don’t need to reverify the GCs that are unexpired at the time of i9.

Seeing how they have been acting, I wouldn't be surprised if they are the type of employer who fire you on the date of your GC expiration date



 

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10 hours ago, arken said:

Employers don’t need to reverify the GCs that are unexpired at the time of i9.

To add to this, they’re actually prohibited from doing so


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