What Should an Employer Do When an Employee's Visa Expires During Employment?

When an employee's visa is about to expire during their employment period, employers must review their documentation through reverification process and take necessary precautions as per Immigration Act.

What Should an Employer Do When an Employee's Visa Expires During Employment?

When your employee's work visa is about to expire, you'll need to review their documentation, a process called reverification. To do this, they must submit their new work permit and the required supporting documents. Make sure they know that they cannot use expired documents when applying for a work permit. Reverification information is recorded in section 3 of the employee's original Form I-9.In some cases, you may need to create a new Form I-9; if you do, be sure to keep the old one.

If you have submitted documents that prove that you are a legal permanent resident (you have a green card), the employer should not request documents again. For example, the fact that your green card has an expiration date only means that your card needs to be renewed, not that your work authorization has expired. Your employer should not ask you for your documents again because you are authorized to work in the U. S.

Similarly, if you have been granted asylum, you are authorized to work indefinitely, so it's a good idea to submit documents that comply with Form I-9 but have no expiration date. For example, you can show an identification card or driver's license to establish your identity and an unrestricted Social Security card that only carries your name and social security number (without the legend “valid for work only with DHS authorization”). Employers may find themselves in the uncomfortable situation of trying to balance the obligations contained in an employment contract and under the Employment Relations Act of 2000 with their obligations not to employ people who do not have the legal right to work in accordance with the Immigration Act. The IER helps immigrant workers whose employers have discriminated against them when they demonstrate that they are allowed to work in the U.

The employer could be committing a type of discrimination called “document abuse” if the employer doesn't allow you to choose which I-9 documents to show. For example, if at the time you were hired you showed a work permit with an expiration date, then on or before that expiration date, the employer must ask you to prove that you are still authorized to work in the U. Once the process is complete, the employer can let the employee know that their employment is about to end and that the employer has not violated the Immigration Act by allowing them to set their notice period. This measure will provide additional protection to New Zealand migrants vulnerable to exploitation and will further discourage unscrupulous employers.

Under the Act, it constitutes a defense if an employer was unaware that the employee had no right to work and took reasonable precautions and acted with due diligence to determine if the person was entitled to perform the job. For example, your employer cannot require you to show a green card if you have other documents on form I-9 that prove that you are authorized to work in the U. In many cases, it is illegal for the employer to re-verify the work authorization documents of only certain or specific workers if the employer intends to discriminate against those workers because of their immigration status (for example, not being a U. Oddly enough, I also had a similar case this week: employer).

I had hired a technician about 8 months ago without carrying out due diligence and, therefore, without realizing that his work visa was linked to that of his previous employer. That's why it's best for Human Resources departments to keep a calendar that records everyone's immigration status and sends reminders to appropriate people, including the employee in question. You, as a worker, not your employer, have the right to choose which of the documents on the list to show your employer. Some employers also use E-Verify, which is a voluntary, Internet-based program that allows participating employers to electronically verify the employment eligibility of all new employees with both the Department of Homeland Security (DHS) and Social Security Administration (SSA).

The law requires employers to verify (verify) the identity and employment eligibility of every newly hired employee.