Expired Resident Card?

CAHR · March 2007

In looking over I-9's, found one employee who had given us a resident card which has now expired. When I talked to him he stated that he is now a US Citizen. Should I be "re-verifying" his status now with a new document? I am getting different answers - some saying yes and some saying no - that a resident card is one document that we don't care if it expires (?) He should not have to show anything after that. Help?

POTATO · March 2007

I-151 & I-551 cards issued prior to 1989 are valid indefinately BUT all cards issued after that year have expiration dates. You must reverify with new documentation. I would also assume that your employee would definately want to reverify since he is a citizen now!!

CAHR · March 2007

And I would think that if he is now a citizen, I would only need to see a drivers license and social sec. card? (I wouldn't need to see anything stating he was a citizen, would I?)

Irie · March 2007

Even though the card (Form I-151 or I-551)has an expiration date, if the employee is a Permanent Resident Alien then you do not have to reverify the documentation.

CAHR · March 2007

The Card he has is a Resident Alien Card (doesn't say permanent)... just want to make sure we are talking about the same thing? If we are, then you are saying that even though it expires, we don't need to see anything new after the expiration date?

Irie · March 2007

If it is a permanent resident alien card then only one verification is needed because the person is a "permanent" resident even though the card itself expires. However, if the person is not a "permanent" resident alien then yes, reverification is necessary when the documentation expires.

CAHR · March 2007

So, I guess my question is "how do I know if he is a permanent resident alien or just a resident alien? If he is a permanent resident, shouldn't the card state that?

POTATO · March 2007

[font size="1" color="#FF0000"]LAST EDITED ON 03-29-07 AT 04:37PM (CST)[/font][br][br]First - Irie is correct - you don't need to reverify this employee because we are assuming that the card shown was valid at the time of original hire. Resident Alien Cards or I-151 & I-551 issued prior to 1989 are valid indefinately - Resident Alien Cards issued after 1989 have hologram type security stuff across them that say I-551 AND have expiration dates which mean nothing to employers EXCEPT that the card must be valid at date of original hire-you can't hire an employee who uses an "expired" card regardless of the applicants "permanent" status.

Second - and I am not 100% positive BUT I seem to remember that owners of I-151/551/Green Cards are all "permanent residents" (except conditional residents and the card notes that status). Employment Authorization cards, Temporary Resident Alien cards or other forms of ID look different, have different colors and the card does state the status. It has been a long time since I have seen anything other than a "green card" - so maybe someone who has seen other types recently can give us both a 100% answer?

BettyBoop FL · March 2007

Thanks for info Irie

Irie · March 2007

[url]http://www.uscis.gov/files/nativedocuments/m-274.pdf[/url]

Use the above to access the "Handbook for Employers".

Also, here is some updated information regarding the I-9 and acceptable documentation:

Special Instructions :

This version of Form I-9, Employment Eligibility Verification, is a fillable form. You should have the latest version of the free Adobe Reader to use the form.

Please note the following changes to the Form I-9 process:

Form I-766 (Employment Authorization Document), although not listed on the 5/31/05 version of the Form I-9, is an acceptable List A document #10.

Form I-151 is no longer an acceptable List A document #5. However, Form I-551 remains an acceptable List A document #5.

The following documents have been removed from the list of acceptable identity and work authorization documents: Certificate of U.S. Citizenship (List A #2), Certificate of Naturalization (List A #3), Unexpired Reentry Permit (List A #8) and Unexpired Refugee Travel Document (List A #9).

This page can be found at [url]http://www.uscis.gov/i-9[/url]

SMace · March 2007

Very good info. Thanks Irie

CAHR · March 2007

Thanks so much, Irie - will definitely refer to ths in the future... still have a question though... what I am reading in this is that I DO have to re-verify when the Resident Alien card has an expiration date (pg 4)- last paragraph in left column.. ? I only have a copy of what was given us in 1993 - it's a Resident Alien Card with an expiration date of 2000 (I am new to this company and found this out doing my own I-9 audit). Do I go to him now and ask for new documentation? Geez... nothing is easy.

Expired Resident Card?

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