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I-9 Administrators Cannot Accept Expired Documents |
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by Emily Haverkamp, Immigration Attorney
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Friday, 12 June 2009 |
 Question: May I accept an expired document for I-9 purposes?
Answer:
No. Expired documents are no longer acceptable for Form I-9. However, you may accept Employment Authorization Documents (I-766) and Permanent Resident Card (Form I-551) that appear to be expired on their face, but have been extended under limited circumstances.
Individuals under the Temporary Protected Status (TPS) Program whose Employment Authorization Documents appear to be expired but were actually automatically extended via Federal Register notice may continue to work based on their Employment Authorization Documents during the automatic extension period specified in the Federal Register notice announcing the extension.
An expired Permanent Resident card can only be used for I-9 purposes when presented in conjunction with a USCIS receipt notice which extends conditional permanent residence for one year. In this instance, the expired green card is considered a List C document for I-9 purposes. Paraphrase of M-274 I-9 Employer Handbook
It is important that I-9 administrators understand that expired U.S. passports are no longer acceptable List A documents. Additionally, I-9 administrators need to be familiar with the TPS extension expired document exception. Terminating an employee wrongfully who is in valid TPS status could lead to discrimination issues.
I-9seminars.com will provide an "I-9 Tip of the Week" every week to assist HR professionals and other I-9 administrators with the Form I-9 process. If you have a suggestion for a "Tip of the Week," please contact Samara Nazir Zaman, Training Director of I-9seminars.com
For more information, I-9 Basic Training available LIVE and by WEBINAR.
Please contact Emily Haverkamp, Immigration Attorney at the Mdivani Law Firm, with questions.
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