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Expired Resident Alien Cards

janiebjanieb 11 Posts
in HR & Employment Law Vote Up0Vote Down
HR is such a challenge...especially when your fairly new to it!!
Question-
An employee's resident alien card has expired, but they have a valid drivers license for the state. One is telling me the employee does not have to get an updated alien card since they have a valid driver's license and the other says they have to apply for a new card even with a valid license. Can anyone give me some info on udating employment verifications and which suggestion is correct....Thanks to all!!!!
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Comments

  • 4 Comments sorted by Votes Date Added
  • durasupremedurasupreme 68 Posts
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    It's been my understanding that an expired Resident Alien card does not invalidate a person for employment. Once they are granted Resident Alien status it cannot be revoked. However, they do need to contact their local DHS office to have it updated, or whatever that process is. I have not heard that the Resident Alien card and the driver's license tie in together to determine employment eligibility. I could be wrong. Best to check the regs on this or maybe another responder will have info.
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  • janiebjanieb 11 Posts
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    Thank you for your response to my question. I will check with them and I still would appreciate responses from all who are familiar with the process.
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  • POTATOPOTATO 44 Posts
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    I agree with the other poster. If the employee's card was valid when you hired them and it expires during their employment, you need only have them go and renew the card but they are still eligible to be employed (as long as they begin the process of renewing the card). You must update their I-9 and reverify and you can only use documents that establish employment eligibility that are on the A or C lists's and a drivers license is on the B list and only proves identity and therefore is not proof of eligibility. See the back of your I-9 document for better explanation...good luck...been doin this for over 10 years and still feel like I'm a newbie!!
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  • HRCalicoHRCalico 582 Posts
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    I agree with the others, the only thing I wanted to add is that the wheels can turn VERY slowly on these sorts of things. I once had an employee turn her renewal paperwork in at least 60-90 days before it was due and when I left the company a few months later, she still had heard nothing.

    I might ask for a copy of the renewal or that sort of thing - like when a new employee has to request a new copy of their SS card. I have them bring in a copy of the form and file it with their I-9 while we're waiting. Makes me feel a little bit better covered.
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