I-9 Documentation

MJBL

The work authorization employee provided upon hire date has expired. We have requested new proof of work authorization. If employee does not provide by date requested are we legally permitted to terminate employee?

joannie

Legally permitted and required, as I understand it; but to be entirely on the safe side, I would run it past my employment law attorney to be sure all the i's are dotted and t's crossed.

Still Need Coffee

I agree with Joannie. It's up to you as the employer to ensure that all your employees are legally permitted to work in the US, and if they fail to provide that documentation, then they cannot work for you.

mandrews

Joanie is correct, you are actually required to terminate employment if the employee cannot produce the required work authorization within a reasonable timeline (which I believe is within 3 days of the expiration of the last document).

edeiner

[QUOTE=MJBL;722416]The work authorization employee provided upon hire date has expired. We have requested new proof of work authorization. If employee does not provide by date requested are we legally permitted to terminate employee?[/QUOTE]

This is directly from the I-9 Handbook for Employers:

15. Q. May I accept an expired document?
A. No. Expired documents are no longer acceptable
for Form I-9. However, you may accept Employment Authorization Documents (Forms I-766) and Permanent Resident Cards (Forms I-551) that appear to be expired on their face, but have been extended by USCIS.
For example, Temporary Protected Status (TPS) beneficiaries whose Employment Authorization Documents (Forms I-766) appear to be expired may be automatically extended in a Federal Register notice. These individuals may continue to work based on their expired Employment Authorization Documents (Forms I-766) during
the automatic extension period specified in the Federal Register notice. When the automatic extension of the Employment Authorization Document (Form I-766) expires, you must reverify the employee’s employment authorization.
.
Please see Part 2 for more information on TPS

The handbook web address is [url]http://www.uscis.gov/files/form/m-274.pdf[/url]

MJBL

I just heard from our employee with expired I-9 documentation. He has hired a lawyer to help him get a "green card". I'm pretty sure I can't accept documentation from a lawyer. I would just like this confirmed by other HR folks. Please let me know your thoughts. Thanks!

Cheryl S SPHR

I would say you can accept only what is outlined on the back of the I-9 form.