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Habiba
Lv 4
Habiba asked in Politics & GovernmentImmigration · 1 decade ago

Can employeer ask to see green card?

I forgot my green card in another state. I have a valid CA ID (Though I live in WI). I also have a valid U.S. Social Security card that does not say *Not Valid for Employment*. However my employeer still wants to see my green card (physically). Does she still need to see it? Links would be useful ty.

Update:

I read somewhere that only social security card and valid ID was really all that was needed for I9form.

Update 2:

I just read this on the uscis site

"When you apply for a job, just show your new permanent resident card OR your unrestricted social security card, and a valid identity document, such as your driver's license to prove eligibility to work here in the U.S."

Good news. I just found it. Thanks for the replys though!

Update 3:

Ok, guys/gals I know some sort of proof is needed to work. However that's not what I asked. If I don't get the job because they do not think the social secuirty card and ID isnt enough then it is against the law.

I didn't just move to the states I've been living here since I was 4. So I know most some stuff but since I my last job was stupid when it came to legal stuff (figures was a law firm) and tired to pay me under the table like I was some sort of just jumped over the border illegal. I am now wary and therefore like to be completely thorough. but for the love of god read the question before answering.

I wish I could end this question already!!

11 Answers

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  • 1 decade ago
    Favourite answer

    By law, an employer does indeed have to verify your employment eligibility using form I-9, but the employer cannot legally specify which documents you submit to meet the requirements of the I-9.

    The form has a list of acceptable documents, either a single document from List or one from List B AND one from List C. As long as you present a valid document/combination of documents, the employer has no right to request one document over another.

    If you have a Social Security Card with no restrictive legend (such as "Valid for Employment only with DHS Authorization" printed on it) and a government issued photo ID (such as a drivers license) then you're supplying a valid document from List B and List C.

    There are a number of resources you could point this employer towards.

    The first would be USCIS document M-274 (Employers Handbook for Form I-9) which explains the rules for the form, how to complete it, and contains some FAQs about the form and how to use it.

    Specifically, look at page 22 in the section "Questions about Documents", specifically question 10

    "Q. May I specify which documents I will accept for verification?

    A. No. The employee can choose which document(s) he or she wants to present from the lists of acceptable documents. You must accept any document (from List A) or combination of documents (one from List B and one from List C) listed on the Form I-9 and

    found in Part Eight of this Handbook that

    reasonably appear on their face to be genuine and to relate to the person presenting them. To do otherwise could be an unfair immigration-related employment practice in violation of the anti-discrimination provision in the INA. Individuals who look and/or sound foreign must not be treated differently in the recruiting, hiring or verification process.

    NOTE: An employer participating in the E-Verify Electronic Employment Eligibility Verification Program can only accept a List B document with a photograph."

    The Immigration and Nationality Act (INA) §274[b].[a].[6] is the piece of federal legislation that protects your rights in relation to this matter.

    It states:

    "Treatment of certain documentary practices as employment practices.-A person's or other entity's request, for purposes of satisfying the requirements of section 274A(b), for more or different documents than are required under such section or refusing to honor documents tendered that on their face reasonably appear to be genuine shall be treated as an unfair immigration- related employment practice if made for the purpose or with the intent of discriminating against an individual in violation of par agraph (1). "

    Any individuals feeling that they are being discriminated against by any violation in the aforementioned section (when they themselves are covered by the definitions in INA §274[b].[a].[1]) may take a number of actions.

    If you still have no luck, then you can take it higher by going to the Office of Special Counsel for Immigration Related Unfair Employment Practices

    Q. How can employers get up-to-date and accurate information?

    A. OSC has a toll-free automated telephone hotline for employers: 1-800-255-8155 (1-800-362-2735 (TDD). Information is available 24 hours a day and features easy-to-follow prompts to receive prerecorded answers to common questions asked by employers.

    The hotline offers callers taped information on four key subjects:

    Tips on avoiding immigration-related discrimination when completing the I-9 Form;

    Information on how to avoid immigration-related discrimination in hiring practices;

    The penalties for employment discrimination; and

    The acceptable documents that establish identity and work eligibility.

    Callers who need additional information will be able to speak with an OSC representative from 9 a.m. to 5 p.m., Eastern Standard Time/Eastern Daylight Time. The hotline's Fax-Back option provides callers with helpful written information. Callers can key in their fax machine number, and within minutes will receive by fax a copy of the list of documents acceptable for establishing identity and work eligibility and information on the INA's anti-discrimination provisions. OSC updates the telephone system's recorded and Fax-Back information to reflect changes to the list of acceptable documents.

    For more information, please contact:

    U.S. Department of Justice

    Civil Rights Division

    Office of Special Counsel for

    Immigration-Related Unfair Employment Practices

    950 Pennsylvania Avenue, N.W.

    Washington, D.C. 20530

    General Information: 1-800-255-7688

    1-800-237-2515 (TDD for hearing impaired)

    Automated Employer Hotline: 1-800-255-8155

    1-800-362-2735 (TDD for hearing impaired)

  • Anonymous
    5 years ago

    You have got to be careful , because you do not wear the uniform . There is such thing as citizen's arrest when you clearly saw someone doing illegal stuff Asking for ID means that you do no know whether that person is citizen or not . There are hundreds of different ethnic groups residing in US . Some are citizens but do not speak much of English so they might look like no citizens I suggest ,if you want to nail someone ,you obtain hardcore evidence then inform authorities Without evidence there is nothing that could be done And if you asked me for any document on the street I would laugh in your face so hard and if you tried to attack me you would lose your testicles ,lol get a life loser

  • 1 decade ago

    Yes,they usually ask. But,if you have a valid unexpired US ID(state ID,drivers license,etc) and an unrestricted Social Security card,then, they don't need to see your green card. He cannot deny you employment based on that.

    You can ask him to show you the paperwork with the valid forms of ID to show proof of legal status to work.

    I am sorry I don't have any direct links but I read about this same issue on www.visajourney.com

  • 1 decade ago

    Laws are getting stronger. I would suspose so. Get busy getting it back or replaced. Employers are now beng fined when raids happen and they cant verifie documents. Never go anywhere witout ID. Also make copies to help track it if lost again. That goes for all IDs

  • MadMan
    Lv 7
    1 decade ago

    Yes. In fact, all employers are required to see your green card as it is the proof that you are entitled to work in the US. All other ID are derivatives of this. The SS card could have been given out for someone who is an H-1B visa holder. In fact, you are required by law to carry it with you at all times.

  • Dave C
    Lv 7
    1 decade ago

    Yes... human resources usually fills out an I-9 (?) Form which validates that you are a legal residence.

    Here's some general info: http://en.wikipedia.org/wiki/I-9_(form)

    Just look up the form.

    Usually, the I-9 Form gives a list of options to meet the verification process.

  • 1 decade ago

    An employer SHOULD ask to see proof of your eligibility to work legally!

  • LR
    Lv 5
    1 decade ago

    In the US, an employer is under an obligation to verify legal status, so the answer is yes.

  • 1 decade ago

    Employer has right to request to see your green card and you are obliged to cooperate. Also, as a law, you are supposed to bring green card with you all the time.

  • 1 decade ago

    I always require a ss or gc to ensure that I am not hiring a illegal.

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