i-90 renewal work authorization?

[Adujarric 67]

First of all i apologize if this is in the wrong topic. Today i my job one of my fellow managers were in the process of hiring a candidate and the gentleman green card was expired. I overheard her telling him that unfortunately she wasnt able to hire him because his green card was expired even though he provided his renewal notices that extends his legal status for 12 months. I remember someone here posting a policy that makes it illegal for employers to deny employment to LPR’s with expired documents can you guys direct me to the USCIS policy that protects LPRs from employment discrimination. 

[Verrou 1,906]

https://www.uscis.gov/news/alerts/uscis-to-replace-sticker-that-extends-validity-of-green-cards

[Chancy 6,233]

*** Moved from General Immigration-Related Discussion to Working & Traveling During US Immigration ***

  

22 minutes ago, Adujarric said:

can you guys direct me to the USCIS policy that protects LPRs from employment discrimination

 

Here you go -- https://www.uscis.gov/i-9-central/employee-rights-and-resources/employee-rights

 

"Your employer must:

[...]

Allow you the choice of what documentation to provide. Your employer cannot demand that you provide a U.S. passport or Green Card."

 

[EDIT]  Based on the memo linked above by @Misscloud, this note confirms that the prospective employee did present a valid I-9 document -- https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents

 

"Additionally, a Permanent Resident Card with a USCIS-issued sticker extending its validity is a List A document and acceptable for Form I-9."

 

Edited August 26, 2022 by Chancy
clarification & formatting

[Mike E 11,730]

It is actually illegal to demand work authorization documents before hiring. These documents do not have to be provided until the first day of work through I-9. 

[milimelo 4,283]

If he has a valid driver’s license and unrestricted ss number card that’s all that’s needed. That HR person needs to be sent for retraining- they don’t get to demand which documents an employee provides. 

[Adujarric 67]

1 hour ago, milimelo said:

If he has a valid driver’s license and unrestricted ss number card that’s all that’s needed. That HR person needs to be sent for retraining- they don’t get to demand which documents an employee provides. 

He did had a valid SS. I think after reading all of you guys answer he didn’t use a secondary’s  id like a drivers license or passport. He would have been just fine using a DL but he didnt have one. He was in the final step of the hiring process which was to completing the I-9 part two which is when we verify the documents. I overheard the conversation & told the manager that was ilegal to deny him employment because he still is a legal permanent resident. In her defense she honestly didnt know but when she contacted our TMS lead or HR point person they told her not to move forward with the hiring. I felt ofended & spoke out. The store manager told me to bring it up to HR attentions where it states that its actually discrimination what they did with that guy. 

Edited August 26, 2022 by Adujarric

[Chancy 6,233]

13 minutes ago, Adujarric said:

I think after reading all of you guys answer he didn’t use a secondary’s  id like a drivers license or passport. He would have been just fine using a DL but he didnt have one.

 

Even if he didn't have a DL, what he presented was already sufficient for the I-9.  From the memo linked above, expired GC + I-797 notice from I-90 is an acceptable List A document for I-9.

 

[nastra30 2,073]

Oh how I wish the candidate knew their rights under the law. Personally, I would have slapped the company with a lawsuit.