My green card expired, and my employer is asking to see a new one: Now what?

Question

I’ve worked for a hospital for seven years. My green card recently expired, and my employer is asking to see my new one, but I don't have it yet. What do I do?

Answer

So long as you presented an unexpired green card at the time that your I-9 was completed, your employer probably should not be asking to see new documentation now and  definitely  should not be specifically requesting that you present your new green card.

Employers are required to confirm that all new hires in the U.S. are authorized to work. In order to prove that you are authorized to work, you must present an unexpired document (or combination of documents) as noted on the  Form I-9.

If a person possesses time-limited work authorization (such as an Employment Authorization Card or I-94 card), his or her employer must reverify employment authorization on or before the date that the person's work authorization expires.

Lawful Permanent Residents do not, however, possess time-limited employment authorization; they are authorized to work indefinitely. So long as your original I-9 was properly completed, your employer should not seek to reverify your work authorization after your green card expires.

One exception would be if your employer recently became a federal contractor and needs to use E-Verify to confirm the work authorization of current employees. In that case, your employer may need to see unexpired proof of current employment authorization. Still, you should be allowed to present any available proof (such as your Social Security card) and should not be required to present the green card itself.

You might want to ask your employer why it needs to see your green card. If there is a legitimate reason for the request, ask whether there is another document that might satisfy the employer's need.

 

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