Last month, USCIS announced that they would be automatically extending the validity of Permanent Resident Cards to 36 months for lawful permanent residents who file Form I-90 to renew an expiring or expired Green Card.
Update on the Extension - What's New
Previously, Form I-90 receipt notices provided a 24-month extension of the validity of a Green Card.
USCIS recently updated the language on Form I-90 receipt notices to extend the validity of a Green Card to 36 months from the expiration date on the current Green Card for individuals with a newly filed Form I-90 renewal request.
What This Means for Employers Completing Form I-9
One of the cardinal rules of Form I-9 completion is that employees must present original, acceptable, and unexpired documentation from the List of Acceptable Documents.
However, one important exception to this rule is that a Lawful Permanent Resident (LPR) can present an expired Green Card at the time of hire, so long as they also present either:
a receipt notice for Form I-90, Application to Replace Permanent Resident Card; or
a receipt notice for Form N-400, Application for Naturalization.
This receipt notice extends the Permanent Resident Card’s validity beyond the date on the front of the card and will specify the length of the automatic extension. This receipt notice, in conjunction with the expired Green Card, will suffice as evidence of valid employment authorization.
USCIS's latest extension is expected to help both applicants and employers alike. Employers will be able to hire and onboard LPRs that have applied to renew their expired Green Card but are experiencing longer processing times and have yet to receive an updated document. Employers can proceed with onboarding these individuals based on the expired Green Card and receipt notice with 36-month extension language.
Important Reminder: No Need to Request Proof of Ongoing Work Authorization after Current Employee's Green Card Has Expired
Employers should keep in mind that reverification of a Green Card is never required when a current employee's Green Card has expired after onboarding. To restate, if an LPR provided an unexpired Green Card to demonstrate their permission to work at the time of hire, employers must not request new documentation when the document later expires.
In fact, employers can be slapped with hefty fines if they engage in such behavior and request specific and unnecessary documents from non-U.S. citizens who are authorized to work in the U.S. See: I-9 Discrimination Results in Pharmaceutical Company Being Fined and 3-Years of Government Oversight (usimmigrationcompliance.com)
If completing Form I-9 feels more confusing and nuanced than you expected, I-9 training is available to help you feel more confident in correctly completing this process. Visit I-9 Administrator Training | Corporate Immigration Compliance Institute (usimmigrationcompliance.com) to learn more.
Hadley Bybee
Mdivani Business Immigration Lawyer
