When an employee's work visa is about to expire, employers must review their documentation in a process called reverification. This requires the employee to submit their new work permit and the required supporting documents. It is important to note that expired documents cannot be used when applying for a work permit. Reverification information is recorded in section 3 of the employee's original Form I-9.In some cases, employers may need to create a new Form I-9; if they do, they must keep the old one.
If the employee has submitted documents that prove they are a legal permanent resident (they have a green card), employers should not request documents again. This is because the expiration date on the green card only means that it needs to be renewed, not that their work authorization has expired. Employers should not ask for documents again as the employee is authorized to work in the U. S.
UU. Similarly, if an employee has been granted asylum, they are authorized to work indefinitely, so it is a good idea for them to submit documents that comply with Form I-9 but have no expiration date. For example, they can show an identification card or driver's license to establish their identity and an unrestricted Social Security card that only carries their name and social security number (without the legend “valid for work only with DHS authorization”).In the absence of “intent to discriminate,” employers can re-verify the work authorization documents of all workers equally if they so choose. For example, employers cannot require employees to show a green card if they have other documents on form I-9 that prove they are authorized to work in the U. UU. If this is the first time an employee is renewing a work permit, it is a good idea for Human Resources to review the process with them and ensure that their supporting documents have not expired.
Employees have the right to choose which of the documents on the list to show to their employer. It is illegal for employers to re-verify the work authorization documents of only certain or specific workers if they intend to discriminate against them based on their immigration status. This would require employers to at least ask prospective employees for proof of their right to work in New Zealand. If employers do not allow employees to choose which I-9 documents to show, they may be committing a type of discrimination called “document abuse”. If employees think their employer committed document abuse or re-verified their work documents when they shouldn't have, they should call an immigrant rights group, a workers' center, or contact their union representative if they are part of a union. If employers have employees who have any type of visa or temporary work permit, it is their responsibility to ensure that they do not continue to employ them after their permit expires.
Once the process is complete, employers can let employees know that their employment is being terminated without violating the Immigration Act by allowing them to set their notice period. This process is called “reverification” because employers re-verify that employees are still authorized to work.
