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Reminder from Office of Special Counsel (OSC) - Don't Reverify Permanent Residents!
Wednesday, September 18, 2013

Normally, when an employee’s work authorization document is expiring, an employer must reverify the employee’s work authorization for Form I-9 purposes. There are two exceptions to the re-verification requirement: an expired U.S. passport and an expired Permanent Resident Card. In a recent Technical Assistance Letter dated September 5, 2013, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) confirms that employers should not reverify a Permanent Resident Card, whether or not it contains an expiration date. While an employer may not employ (or continue to employ) an individual who it knows is not currently authorized to work, the OSC indicates that, outside of the Form I-9 re-verification process, an employer should not inquire about an individual’s employment authorization status.

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