rebeccajo

So the husband and I live in a "not so sophisticated" part of the US.

Still one expects employers to understand the law when hiring an alien. Especially when the employer is a large corporation.

My DH showed up for orientation at his new job last week and completed the I9 with proof of identity and work eligibility in the form of a state driver's license and non-restricted SS card.

Then two days later they make him produce his green card using the excuse they need it for "tax purposes".

He complied. What are you going to do when you need the work?

Still chaps my hide though..........

Tannedsilk

You would think they would know that wouldn't you.

I had a similar experience when I first arrived - 5 years ago. I called an agency about a hour away from my home because they had a job on their website. I had emailed my CV, but I had to register before I they could send my info to the employer. I specifically asked what I docs I needed to register with them, she said DL/SS# card - so off I go when I get there they wanted
the GC also - which I did not bring (as they did not ask for it).

PO to no end especially when she tells me I didn't know you were not American - not only did we speak at length on the phone she had my CV that stated I had just relocated from London, England, UK.

Add insult to injury they would not accept a fax copy, they insisted on having the original and coping it themselves.

Needless to say I never went back.

meauxna

oooooh, nothing Miss R-jo hates worse than rule breakers!
Great news about a job.. Hope all else is going well too & the little house is getting cuter and cuter!

Rete

Actually, Tanned, you were in the wrong as you should never be without your greencard. The law says you have to have it on your person at all times.

I'll relate a story to you all. My nephew-in-law is Canadian and of Native status in the Mohawk tribe. When he was younger his mom and he lived in Florida. This was back in the late 80's. He has a social security card from that time without the legend on it so when he became an adult he moved back to Florida from Canada and as a Carpenter opened his own business. All was well for years. He filed and paid taxes. Lived a clean life and the bottom fell out of the economny and he had no calls for carpentry work. He went to the carpenter's union and with connections was able to join. When the union filed his paperwork it was discovered that he did not have work permission. Yes, he had a legend free card and by the letter of the I-9 should not have had a problem. BUT because he is not full Native or Native 51%, he does not have the right to live and to work in the US without a visa.

He subsequently went to immigration to find out what the problem was and he learned the above about his status. Even though he is recognized by the tribal council as a native, the US does not recognize him because he does not meet their requirements. Also because being naive, he ticked US Citizen on an application form for employment because there was no category for Native status.

Outcome: He had to leave Florida and return to Canada. His American citizen wife had to emigrate to Canada and he is banned for life from even entering the US.

So I say, an employee should be within their rights to ask to see your greencard if you are a foreigner.

As an American citizen, I use my passport for proof on the I-9.

LBR

The employer is not allowed to specify which documents you use. They were wrong to ask for the greencard.

http://www.uscis.gov/files/form/i-9.pdf

meauxna

I think that's the point of her post.

Mummy in the foothills

I was asked for a green card at every job I was ever offered until I became a citizen. At least they were trying to make sure it I was legal to hire. Didn't bother me a bit, they never photocopied it.
Sort of like in the UK some places want to see your NI card for a job even though on the government web site it says you can get a job without having your card and it isn't proof of legal status.

Rete

It was, thank you. My story was to show that although one had an unrestricted social security card, the cardholder did not have legal status to work in the US. Hence, I would think it should be acceptable for an employer to ask for USCIS proof of ability to work, i.e. green card. I do know that they cannot.

rebeccajo

Yah, I was pretty steamed.

The I9 tells the employer which documents are acceptable. If the employer has those documents in their file, they have done what the law asks them to do. There is no need to ask for anything further.

"Wanting to make sure" by asking for the green card could be considered profiling, IMO. My husband looks like pretty much everybody else in our town. If it weren't for the accent no one would suspect he's an alien and ask him for a greencard.

rebeccajo

E-verify should take care of that, correct?

LBR

My apologies, I misinterpreted your post. Having re-read it, I now get your point

meauxna

Jayzus pleaseus, when are we going to get that guy a blue passport?! He must be coming up on it soon, yes?

Manc

but they aren't.

rebeccajo

He's eligible.

But money's been a little tight (no working on the cute little house either).

And it's his decision at the end of the day too.

Rete

What? You can't read either? Geezus people ...