Employees, including those who attest to being lawful permanent residents (LPRs), may choose to present a List A document (evidence of identity and employment eligibility) or a combination of documents from List B (evidence of identity) and List C (evidence of employment eligibility) when completing Form I-9, Employment Eligibility Verification.
Employers may accept Form I-551, Permanent Resident Card issued to LPRs is an acceptable List A document. These cards may have:
- No expiration date and should not be re-verified. These cards were issued from 1977 – August 1989.
- A 10-year expiration date and should not be re-verified.
- A two-year expiration date and should not be re-verified if the card unexpired when the employee completes their Form I-9.
Documents Requiring Reverification
LPRs and conditional permanent residents may be issued temporary I-551 documents. The following documents are acceptable for Form I-9:
- The combination of an expired Permanent Resident Card and a Form I-797, Notice of Action, that indicates the card’s validity has been extended. This is acceptable List C evidence of employment authorization. At the end of the extension period, you must re-verify. The employee may present any List A or List C document for reverification.
- The arrival portion of Form I-94 or Form I-94A, Arrival/Departure Record, containing an unexpired temporary I-551 stamp and a photograph of the individual. This combination of documents is an acceptable List A receipt for the Permanent Resident Card. The employee must present their Permanent Resident Card to you no later than when the stamp expires, or one year after the issuance date of the Form I-94 if the stamp does not contain an expiration date.
- A foreign passport with either a temporary I-551 stamp or I-551 printed notation on a machine-readable immigrant visa (MRIV). Reverification is necessary when the stamp or MRIV expires, or one year after the admission date if the stamp or MRIV does not contain an expiration date.
- MRIVs are usually issued with the following language on the visa: “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.” The one-year time period begins on the date of admission. If, in the rare instance, an immigrant visa is issued without the statement “FOR 1 YEAR,” you should treat the MRIV as evidence of permanent residence status for one year from the date of admission.
- If the stamp in the passport is endorsed “CR-1” and is near but not on the immigrant visa, it is still a valid endorsement.
Employers may not demand a specific document when re-verifying that an employee is authorized to work. Your employee may present any document either from List A or from List C of the Lists of Acceptable Documents to demonstrate that they are still authorized to work.
Employers are also reminded that they must treat employees in a non-discriminatory manner when recruiting, hiring, firing, and verifying their identity and authorization to work.
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