I-9 reverification

[P055UM 329]

I presented an unexpired conditional Green Card several years ago for I-9 verification at my employer. 
 

They are now requiring reverification on the grounds that the Green Card is expired.

 

Would be grateful if people could confirm my understanding that they cannot require reverifcation on these grounds. I am sure based on reading the I-9 instructions and M-274 handbook but would like some reassurance.

 

Thanks! 

[OldUser 9,903]

I always advocate for using List B + List C documents for I-9, which is:

 

- state ID (or DL) AND

- unrestricted social security card* (conditional LPRs are eligible for that)

 

Is this something you can provide?

Showing green card, especially conditional, often results in weird requests from HRs.

 

 

* unrestricted social security card is the one that doesn't say "Valid For Employment Only With DHS Authorization" or other stuff like that. SS card can be replaced at Social Security Administration. You need to file form SS-5 to get one without restrictions, as long as you have GC and extension letter (if applicable)

Edited 7 hours ago by OldUser

[P055UM 329]

21 minutes ago, OldUser said:

I always advocate for using List B + List C documents for I-9, which is:

 

- state ID (or DL) AND

- unrestricted social security card* (conditional LPRs are eligible for that)

 

Is this something you can provide?

Showing green card, especially conditional, often results in weird requests from HRs.

 

 

* unrestricted social security card is the one that doesn't say "Valid For Employment Only With DHS Authorization" or other stuff like that. SS card can be replaced at Social Security Administration. You need to file form SS-5 to get one without restrictions, as long as you have GC and extension letter (if applicable)

Yes, I can. But didn’t have the SS card at the time.

 

But really what I want to know is whether they should be asking me. 

[OldUser 9,903]

24 minutes ago, P055UM said:

Yes, I can. But didn’t have the SS card at the time.

 

But really what I want to know is whether they should be asking me. 

From what I know, reverification for LPRs isn't required.

 

However, I experienced one as LPR. Entire company workforce had to go through I-9 reverification.

 

In your case, HR incompetence is most likely the factor driving I-9 reverification. Hence, my recommendation to never show GC to employer.

Edited 7 hours ago by OldUser

[P055UM 329]

4 minutes ago, OldUser said:

However, I experienced one as LPR. Entire company workforce had to go through I-9 reverification.

Yeah, this isn’t that. US citizen colleagues aren’t being reverified. They told me it is specifically because the GC that I presented at the time of initial verification is expired. 

[OldUser 9,903]

Just now, P055UM said:

Yeah, this isn’t that. US citizen colleagues aren’t being reverified. They told me it is specifically because the GC that I presented at the time of initial verification is expired. 

Classic HR...

 

As soon as I learned I could show DL + SS card, I realized this is the path of least resistance 😅

 

You could just show them these docs, and ask them to leave you alone as I-9 reverification should not apply go you. If they insist on seeing GC or ask you in the future, then show them manual etc. In writing, like email (so you have proof conversation took place)

 

Good luck!

[P055UM 329]

3 minutes ago, OldUser said:

As soon as I learned I could show DL + SS card, I realized this is the path of least resistance 😅

 

Oh for sure, any future I-9s are DL and SS only!

[Fr8dog 400]

Found it again (had to do some digging.

 

https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/110-unlawful-discrimination-and-penalties-for-prohibited-practices/114-avoiding-discrimination-in-recruiting-hiring-and-the-form-i-9-process

 

"Don’t request that someone who presented an unexpired Permanent Resident Card present a new document when the Permanent Resident Card expires."

 

There is a lawsuit waiting to happen. 

So yeah, they should know better (remember they are suppose to be experts in their field that's why they work in HR) It is not legal, it is potential discrimination and it's a federal crime.

Personally I would wait till friday afternoon late to drop this on them just to make sure they have a horrible weekend.

[OldUser 9,903]

4 minutes ago, Fr8dog said:

Found it again (had to do some digging.

 

https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/110-unlawful-discrimination-and-penalties-for-prohibited-practices/114-avoiding-discrimination-in-recruiting-hiring-and-the-form-i-9-process

 

"Don’t request that someone who presented an unexpired Permanent Resident Card present a new document when the Permanent Resident Card expires."

 

There is a lawsuit waiting to happen. 

So yeah, they should know better (remember they are suppose to be experts in their field that's why they work in HR) It is not legal, it is potential discrimination and it's a federal crime.

Personally I would wait till friday afternoon late to drop this on them just to make sure they have a horrible weekend.

Thank you for digging and finding this!

I agree, it is discrimination and illegal. Sadly, it's commonplace.

[Fr8dog 400]

4 minutes ago, OldUser said:

Thank you for digging and finding this!

I agree, it is discrimination and illegal. Sadly, it's commonplace.

 

It will remain so until people object instead of just giving in. We are not talking about a little thing here. They are not complying with Federal laws.

[OldUser 9,903]

3 minutes ago, Fr8dog said:

 

It will remain so until people object instead of just giving in. We are not talking about a little thing here. They are not complying with Federal laws.

It's true, but are you willing to risk your job that pays bills and provides for the family, considering mass layoffs, replacements by AI etc? I'm not ready to sacrifice my family's wellbeing to prove I'm right and they're wrong. It's easy for me to show them two pieces of paper. Every day if they need it. As I wrote to @P055UM, I'd try pushing back gently in hope that there are sensible people in HR who will understand before confronting.

Edited 2 hours ago by OldUser

[Fr8dog 400]

7 minutes ago, OldUser said:

It's true, but are you willing to risk your job that pays bills and provides for the family, considering mass layoffs, replacements by AI etc? I'm not ready to sacrifice my family's wellbeing to prove I'm right and they're wrong. It's easy for me to show them two pieces of paper. Every day if they need it. As I wrote to @P055UM, I'd try pushing back gently in hope that there are sensible people in HR who will understand before confronting.

Yes I am. 

[OldUser 9,903]

2 minutes ago, Fr8dog said:

Yes I am. 

That's commendable.

[Noname93 211]

The only time they should ask for reverification is if you used an expired greencard and extension for the initial verification. Since yours wasn't expired, they should not ask for reverification.