I-9 Question, H-1 B Visa/Green Card
System
5,885 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 05-23-07 AT 06:46AM (CST)[/font][br][br]We have an applicant who states that his H-1 B visa expired, but he has applied for a green card. He says he has recently gotten a new job.
The I-9 directions state that "if an employee is unable to present the required documentation within 3 busines days...the employee may produce a receipt showing that he applied for the document....The employee must present the actual receipt within 90 days of hire."
I am confused as to whether this person is eligible to work in the U.S. - it appears that he doesn't have the documents required by the I-9, but the statement about a receipt of application is confusing me. Does someone who applies for a green card get a receipt, and would a receipt satisfy the I-9 requirements...I wouldn't think all applications are approved.
ETA: He has now sent us a copy of an Employment Authorization Card that expires next year and says that he has a drivers license and social security card. But I'd still like to see an answer about the receipt issue for future reference. Thanks.
The I-9 directions state that "if an employee is unable to present the required documentation within 3 busines days...the employee may produce a receipt showing that he applied for the document....The employee must present the actual receipt within 90 days of hire."
I am confused as to whether this person is eligible to work in the U.S. - it appears that he doesn't have the documents required by the I-9, but the statement about a receipt of application is confusing me. Does someone who applies for a green card get a receipt, and would a receipt satisfy the I-9 requirements...I wouldn't think all applications are approved.
ETA: He has now sent us a copy of an Employment Authorization Card that expires next year and says that he has a drivers license and social security card. But I'd still like to see an answer about the receipt issue for future reference. Thanks.
Comments
You have a complicated situation on your hands. I spoke with one of our immigration experts, Pamela Mick of Zulkie Partners LLC (pmick@zulkipartners.com) and she offered these basics:
First of all, the employee MUST have a valid EAD for I-9 purposes. Receipts are not an option. The "green card" receipt is not a work authorization document. An individual in the green card process is eligible at a certain point to apply for an EAD. The EAD is the work authorization document.
Second, an individual in H-1B or L status can work on an EXTENSION receipt notice as long as the extension was filed prior to the expiration of the status.
I hope this is helpful.
Anne Williams
Group Publisher
M. Lee Smith Publishers, LLC
Sense getting on board, the system has not provided any errors. I have caused a few errors because my fingers type in information not contained on the I-9;when I type it right the system has not failed 1 time out of over 300 inquires.
Guess what, I have no fears at all of our enrollments of foreign nationals. 100% of all enrollees have an I-9 and attached to the I-9 is my governments seal of approval with a specific case number assigned for anyone to verify.
Illegals do not come my way, so I do not have any concerns as long as we process every single new employee the same way that we processed the last new employee.
"The Basic Pilot Program" is the program name, I recommend you get your company on-board and using the system. If someone can not complete the I-9 and present the authorized documents, we suspend the enrollment process until they are able to complete the I-9 properly.
PORK
As a component of the Basic Pilot program, did you need to consent to a government audit of your records? It is my understanding that the audit component of the Basic Pilot program is what makes employers, and immigration attorneys, hesitant. I'm interested to hear how that worked for your company.
Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC
What the SSA or USIS gain from our use of the Basic Pilot System is not a concern for me. Infact, I hope they are using this information in some form, but I seriously doubt they do anything with our data input.
PORK
While here, I discussed a need to 1st find out what the real number of illegal immigrants. Followed by a discussion of the next piece and that was the link to USIS data banks. They then gave me the link to the Basic Pilot Program; I jumped in with both feet and my letter crunching fingers. While I had to sign an open ended agreement (MOU)before I could get into the program, it was done with e-mail and the final signature being furnished to DHS and I am happy that I did. If one follows the agreement one could not have to worry about signing an agreement, as required. The benefit far out shined the current system of validation of just the SSN and never validating the other parts of the I-9. This program was originally set up for the government hiring practices shortly after the I-9 was signed into law. DHS/USCIS set up a way for for the private companies to slip in to their already proven system and get verification accomplished from the I-9 data submitted and verified by the employer. It worked from the start and I have communicated with the Basic Pilot Prgram staff.
I have communicated to our government heads about the power of this system and the one piece, I requested, has not been given! It is the verification of all employees, instead of just the new hires.
PORK
If he is illegal, then it will be the US Government that identifies his papers as being fraudulent and not me!
Pork
The Basic Pilot program is only as good as the data we/they have to work with and that is the problem everyone is having with it. Who is responsible for maintaining the data? Who is responsible for making the corrections, updates and additions to the data? I'm not an expert on this which is why I asked because it's an important issue and one that is avoided. If we are to use this program, we shouldn't have to worry about second guessing ourselves about the validity or integrity of the data.
I think they need to hire all of us HR folks and let us handle it and it should be much more reasonable.
Ellen
E Wart