{"id":1243,"date":"2020-06-01T15:51:16","date_gmt":"2020-06-01T19:51:16","guid":{"rendered":"https:\/\/nationalimmigrationlawyers.com\/?p=1243"},"modified":"2020-06-25T15:07:52","modified_gmt":"2020-06-25T19:07:52","slug":"to-reverify-or-not-form-i-9-and-lawful-permanent-residents","status":"publish","type":"post","link":"https:\/\/nationalimmigrationlawyers.com\/2020\/06\/01\/to-reverify-or-not-form-i-9-and-lawful-permanent-residents\/","title":{"rendered":"To Reverify or Not: Form I-9 and Lawful Permanent Residents"},"content":{"rendered":"

\"\"On Friday, May 15, the U.S. Department of Homeland Security<\/a> (DHS) issued a notice clarifying to employers that they cannot reverify Lawful Permanent Residents (LPRs) who presented evidence of permanent residence status that was unexpired at the time of the employee\u2019s initial Form I-9, Employment Eligibility Verification, regardless of later expiration. While employers were never required to reverify LPRs, there has long lacked specific instruction on this, leading many involved in human resources across Pennsylvania and New Jersey to conduct reverifications of LPRs in violation of federal law.<\/p>\n

What is Form I-9?<\/strong><\/h2>\n

Form I-9, Employment Eligibility Verification (\u201cForm I-9\u201d), is used to<\/a>:<\/p>\n

verify the identity and employment authorization of individuals hired for employment in the United States.\u201d All employers in the United States must are required to implement procedures for the use of Form I-9 that ensure its proper completion for each individual that is hired for employment in the United States\u2014citizens and noncitizens alike.<\/p>\n

Federal law requires employers to<\/a> \u201callow employees to choose which document(s) they will present from the Lists of Acceptable Documents\u201d that is included with Form I-9. As the DHS M-274, Handbook for Employers<\/em><\/a>, notes, in \u201cSection 1, an LPR may choose to present a List A document (such as Form I-551, Permanent Resident Card, commonly referred to as a Green Card) or a List B and C document combination (such as a state-issued driver\u2019s license and unrestricted Social Security card).\u201d<\/p>\n

LPRs are issued a Form I-551, Permanent Resident Card (LPR Card) as evidence of permanent resident status. If an individual is an LPR and presents a valid LPR Card when completing Form I-9, the LPR Card is deemed a sufficient \u201cList A\u201d document, thereby rendering successful the employer\u2019s verification of the individual\u2019s identity and ability to work in the United States. An employee need not present any further evidence. Acceptable LPR Cards include:<\/p>\n