Just Jenney

Also check out the actual I-9 Employment Verification form (PDF), particularly page 3.

To establish both identity and employment eligibility, one only has to provide ONE document from List A. One of those acceptable documents is "Unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating unexpired employment authorization"

Assuming your passport is unexpired, there is no need for them to request to see the actual green card.

That said, I found this little ditty at the very bottom of the "Penalties for Prohibited Practices, Employer Information Bulletin 111 (3/16/05)" (PDF), which was listed at the very bottom of the link provided by Candy:

"DOCUMENT ABUSE
Where employers are found to have requested more or different documents than an employee has chosen to present from List A or Lists B and C, they may be fined $100 - $1,000 for each individual determined to have suffered such document abuse.

The Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration-Related Unfair Employment Practices can be reached on an employer hotline at (800) 255-8155 and on an employee hotline at (800) 255-7688 or via web at http://www.usdoj.gov/crt/osc."

You may want to give that employee hotline a ring.

I went to the FAQ page of the USDOJ link provided above, and it states that if an employee has already presented their green card (form I-551), the employer should not reverify it, even if it has a future expiration date.

You don't say whether your passport is unexpired, nor whether you've already provided your green card to them for verification when you first got employed. If both of those are true, then your employer is definitely in the wrong.

If you have never presented your green card to them and no longer have it, you CAN present a receipt that you have applied for a replacement green card. You can read all about that HERE. On the other hand, since the I-9 form clearly states that presenting an unexpired passport with the I-551 stamp suffices as a List A document, if your passport is unexpired this is sort of a moot point in my opinion.

Hope this helps!

~ Jenney

ps. All emphases added by me!

Dant3

Thanks for the indepth reply, Jenny.

When I got my card last year, the date on it was August 2007, by which time I have to apply to have the conditional status removed. All fine and well. But the red I-551 stamp in my passport reads "TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL 8/31/2005 EMPLOYMENT AUTHORIZED". That's why HR are panicing, because my passport gives the impression that I can only work for two more months.

I'm going to shell out the $255 and get a new one, and yes, I'll be making numerous photocopies of it this time.

candy wy.

do you have an unrestricted ss card?
also what did you show as proof of you eligibility to work when you first started working there. did you show your green card?

HappyHammer

I'm kinda in the same boat. I am 99% there in starting a new job, but the new emplyers HR department are wanting to see an actual Green Card before I can come on board (Thank goodness I did not hand in my notice at my old job even though I have an offer letter and I'm ready to accept). I only got I485 approved in March this year, and they told me when I got my passport stamped that it would take at least 3 months before I received the little beauty in the mail. As I have left and re-entered the USA on my passport stamp that proves I'm legit..... but this particular HR person is still insisting on seeing a Green Card as proof of status. Ill be following this thread very closely.

Bob

kick his arse...he ain't allowed to specify what you show him, the stamps good enough...

HappyHammer

Thanks Bob but Dante3 sent me a message and I'm clued up on everything now. This particular HR person is a she and so kicking her up the jacksee may not be the right thing to do.