November 29, 2021

Volume XI, Number 333

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November 29, 2021

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Reminder from Office of Special Counsel (OSC) - Don't Reverify Permanent Residents!

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.

©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume III, Number 261
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About this Author

Rebecca B. Schechter, Greenberg Traurig Law Firm, Northern Virginia, Immigration Law Attorney
Of Counsel

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations and companies, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher petitions and labor certification applications. Rebecca regularly assists GT clients with global immigration matters, including business and work visas to countries in Europe, the Middle East, Asia, and Latin America. She also works on state and federal I-9 and E-Verify...

703-903-7578
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