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| FREE NEWSLETTER | |
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The one certainty about immigration law is that it is always changing --- a fact well known to personnel professionals.
One of the latest changes occurred on March 20, 1996, when old alien registration cards (more commonly known as "green cards") issued prior to 1979 ceased to be valid. Bearers of such cards are required to obtain an updated version, referred to as form I-551 . Form I-551 contains a recent photograph of the bearer, fingerprints, and the bearer's signature. The Immigration and Naturalization Service (INS) estimated in 1995 that about 1.5 million persons would need to obtain new cards. Hundreds of thousands of green card bearers have yet to do so.
In light of these developments, what is the responsibility of the personnel department for updating an employee's employment verification (I-9) records?
You can save yourself a lot of headaches by observing the following rules:
1. Don't overreact. Remember, it was only the employee's green card which expired on March 20, not his or her permanent residence status. Therefore, an employee's failure to renew the card does not render the employee illegal or unemployable.
2. Don't make extra work. Since the I-9 form need only be completed at the beginning of employment, it is not necessary to re-verify the status of current employees who are permanent residents to see whether or not they have renewed their green cards.
3. Don't engage in "document abuse." Regarding new hires, you may not specify particular documents from lists A, B, and C of Form I-9 that the employee must present to verify identity and legal status. To request to see a particular document constitutes "document abuse" and exposes your company to legal liability.
4. Accept no substitutes. For I-9 purposes, most new hires show the employer a state driver's license and a social security card. Some social security cards indicate that they are valid for employment only if accompanied by a work permit issued by the INS . An outdated alien registration card is not proof of employment authorization or permanent residence, and may not be accepted as either a List A, or List C, document.
5. Don't engage in an unfair labor practice. If a new hire presents an outdated green card, you should inform the person that the card is no longer valid, and request alternate documentation of identity and employment verification. However, you may not refuse to employ the person simply because the green card has expired. To do so would be an unfair labor practice.
6. If necessary , terminate. If a new hire cannot present proof of employment authorization other than an outdated green card, you must terminate the person immediately in order to comply with the employment sanctions law.
It is not too late for employees with an expired green card to apply for a new one. They may do so by submitting form I-90.
As an alternative, the employee may apply for naturalization. This process typically takes 6-12 months.
Employees with valid unexpired foreign passports should bring them to their local INS office with form I-90 or evidence of filing for naturalization. The INS will place a temporary I-551 stamp in the passport, valid for one year. This stamp may be used in lieu of a green card for I-9 purposes.
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