Do we need to submit a copy of a Green Card to an employer?
Do we need to submit a copy of a Green Card to an employer? This is a frequent question from individuals are permanent residents of the United States. All United States employers are required to confirm that employees are legally able to work in the U.S.
The short answer is no, you don’t to submit a copy of Green Card to an employer, and in addition, this requirement can be considered discrimination. As a permanent resident, your work authorization does not expire and you are legally authorized to work, even if your Green Card has expired.
You can prove your work eligibility you need to present any of the acceptable documents listed on list A or on lists B and C of the Form I-9, for this reason, according to immigration rules, you are not required to show your Green Card to your employer if you have other proof of work authorization.
After all, if your employer insists on proof of your Green Card, then it may be violating anti-discrimination laws.
Do U.S. citizens need employment authorization document?
If you are wondering what documents are proof of right to work? Check now the other documents you can present to your employer to prove your work authorization according to immigration rules:
- U.S. Social Security account number card;
- Driver’s License;
- U.S. Passport or U.S. Passport Card;
- Form I-551, Permanent Resident Card or Alien Registration Receipt Card;
- Form I-766, Employment Authorization Document Card;
- Foreign passport with Form I-94 or Form I-94A with Arrival-Departure Record, and containing an endorsement to work;
- Foreign passport containing a Form I-551 stamp or Form I-551 printed notation;
- Form FS-240, Consular Report of Birth Abroad;
- Form DS-1350, Certification of Report of Birth issued by the U.S. Department of State;
- Original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying territory of the United States bearing an official seal;
- Form I-197, U.S. Citizen ID Card;
- Form I-179, Identification Card for Use of Resident Citizen in the United States;
- Employment authorization document issued by the Department of Homeland Security (DHS);
By the way, if you lost your Green Card and applied for a replacement and have an I-551 stamp on your passport, this is enough to prove you can work, according to the expiration date on the stamp.
Do I need work authorization document?
In other words, immigration rules do not determine employers to require an unexpired Green Card as proof of from permanent residents. And an anti-discrimination rule forbids employers from demanding specific Form I-9 documents from employees. Violation of this rule is called “document abuse.” Many companies have paid penalties and back pay awards for this reason.
Do we need to submit a copy of a Green Card to an employer?
If you still wondering, what documents must an employer show do you prove that an employee is a US citizen or is lawfully authorized to work in the United States? Keep in mind that you really don’t to submit a copy of Green Card to an employer!
But your employer may copy and keep the forms. Your employer is required to note the type of documents you present and respective expiration dates on your Form I-9. Although employers are not required to photocopy such documents, they have the right to do so. If they do, the copies must be kept on file with your Form I-9.
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