Can we ask about green card expiration date? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Can we ask about green card expiration date?

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Q. Can we ask an applicant or employee how long his ‘‘green card’’ is good for? — T.N., Texas

No. In general, the only lawful question employers can ask is whether the person is authorized to work in the United States. Even if the response is “yes,” there’s no legal basis for the employer to probe further by asking a follow-up question regarding the validity dates that may be printed on his permanent resident or resident alien card (aka “green card”). 

An employer cannot accept an expired permanent residency card for initial I-9 verification purposes. An employer, however, is not required to conduct I-9 reverification for an employee who initially presented a green card containing a validity date that has since expired. This employee must obtain a new permanent resident card, but the expiration date on the employee’s current green card does not affect his current authorization to work in the United States.

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