I-9's

Need clarification, please. If an employee presents an Alien Registration Receipt Card and it has an expiration date, am I required to ask for an updated card when it expires??

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  • HRH - Welcome to the forum! x:-) Please do a search on this site and you will see how often we have addressed your specific question.
  • Yes. Any document you use to satisfy the I-9 requirements that has an expiration date requires that you re-certify eligibility upon expiration. We argued this back and forth awhile back and had some contradictions and disagreements; but, this is the way I would proceed.
  • It's deja vu all over again. x:D

    The other school of thought on this topic is that Green Cards do not and should not be reverified. An expired card can't be used for the I-9 for new employment, but if it expires under current employment then it's fine. Only temporary resident cards (not permanant resident cards) need to be reverified.

    This info is from the USCIS (former INS) website.

    [url]http://uscis.gov/graphics/howdoi/faqeev.htm[/url]
    “GREEN CARDS”
    The terms Resident Alien Card, Permanent Resident Card, Alien Registration Receipt Card, and Form I-551 all refer to documentation issued to an alien who has been granted permanent residence in the U.S.. Once granted, this status is permanent. However, the document that an alien carries as proof of this status may expire. These documents are valid for either two years (conditional residents) or ten years (permanent residents). When these cards expire, the alien cardholders must obtain new cards. An expired card cannot be used to satisfy Form I-9 requirements for new employment. Expiration dates do not affect current employment, since employers are neither required nor permitted to re-verify the employment authorization of aliens who have presented one of these cards to satisfy I-9 requirements (this is true for conditional residents as well as permanent residents).

    Maybe one of the fine legal eagles on the Forum will respond also and help us put this one to rest.

    No hard feelings, Don? I just had to share my thoughts also. x;-)
  • Thank you for your replys!!
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