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Expired GC. Work authorization on SSN

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  • Expired GC. Work authorization on SSN

    My GC expired in April 2017. Immediately after that, I joined new employer. My new employer insist to get me renewed green card for employment authorization. Now, I will be eligible for naturalization in few months (I can apply for naturalization on my expired GC as per USCIS guidelines), so I am not inclined to renew my GC and try to save some dollars.

    As per USCIS list of acceptable documents for evidencing identity and employment authorization listed on website as well as on I-9 form, one can provide documents from List A docs OR List B And List C.

    In List A comes passport, GC, etc.
    List B docs has driver license, state id, etc. to prove the identity.
    List C docs has SSN and other docs.

    My Question:
    I can provide driver license (unexpired) for identity verification.
    SOCIAL SECURITY ACCOUNT NUMBER CARD WITHOUT ANY RESTRICTIONS...as stated..to establish employment authorization.
    Can the employer accept SSN for employment authorization or NOT??
    My employer is reluctant about that. He told me he cannot run payroll on expired GC.

    What's the solution for that? Do I have to renew my GC or not? OR Can my employer accept SSN as employment authorization?
    Waiting!

  • #2
    Drivers license and SSN card should have been sufficient. Explain to employer that expired green card does not equal expired status. Employer is simply scared of being fined if there is an audit of i-9s. Just bring the documents on the list B and C. The employer is legally bound to accept them, he can not pick and choose which documents on the list he will accept.

    Comment


    • #3
      Don't need to show the employer your GC at all. The employer is not allowed to prefer a particular document over another acceptable document on the I-9. Your driver's license plus unrestricted Social Security card is enough and it is your right to choose what documents to present.

      In particular, see M-274 page 16 (page 20 in the PDF), under section "Lawful Permanent Residents (LPR)":
      Employees must be allowed to choose which document(s) they will present from the Lists of Acceptable Documents. You cannot specify which document(s) an employee must present. Employees who attest to being an LPR in Section 1 may choose to present a List A document (such as a Permanent Resident Card, Form I-551) or a List B and List C document combination (such as a state-issued driver’s license and unrestricted Social Security card). If the employee presents a List A document, do not ask or require the employee to present List B and List C documents. If an employee presents List B and List C documents, do not ask or require the employee to present a List A document.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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