I9 Updates

jeanj

We are a small manufacturing company in Oregon. One of our employees is from Mexico. He filled out the I9 when he first was hired on but it has not been renewed. What is the procedure for this? Isn't he being singled out? What should I do in this case? Answers will be appreciated.

vmiller MO

I'm not sure what the question is. If he filled an I-9 Form out and had a work permit, then he would have to show another valid work permit when his original work permit expired. If he is a citizen or is a resident alien, then he does not have to update his I-9.

If he is on a limited permit or visa, then you are not singling him out when you ask him to demonstrate that he is authorized to work in the US after the expiration of his permit or visa. You are simply comply with the law.

Of course, if you only track individuals from Mexico and not from other countries, then you have a problem. But if you are simply tracking those individuals who have a limited work authorization, then you are complying with the law.

Good luck.
Vance Miller
Editor, Missouri Employment Law Letter
Armstrong Teasdale LLP
(314) 621-5070
[email]vmiller@armstrongteasdale.com[/email]

Whatever

I'm going to assume you are actually asking about his working papers. The I-9 has be renewed only for those employees whose work permit has an expiration date (i.e. work authorization card). We notify ees a month in advance if their work permit is due to expire. Once it expires they are terminated. If the papers have expired, I would give him three days to submit the appropriate papers. If he cannot, terminate him.

Pork

jeanj: Do you have a means to check out his SSN and NAME with SSA? If you did then you should not be worried about the I-9 requirement, if his work permit is expired or about to expire, a legal hispanic would not forget that he has to go home and renew. Those things are so easily bought on the streets! If it is expired send him packing, if it is not then you should be good to go for a while.

PORK