Proper Document for the Form I-9

Arnall Golden Gregory LLP
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I came across this piece of information in the latest edition of E-Verify Connection and want to share it as it’s relevant to when employers complete section 2 of the Form I-9.  According to the Department of Homeland Security (DHS), an increasing number of lawful permanent resident cards (a/k/a green cards) are being issued with the words “Signature Waived”.  For an example of the card and to read the alert click here and click here.

Why is this relevant?  Because employers shouldn’t outright reject such cards if presented as a List A document just because they aren’t signed by the individual.  DHS is telling employers to accept them.  As with any document(s) provided by an employee completing the Form I-9, the test is one of reasonableness.   Assuming the document is on the Lists of Acceptable Documents, the employer representative completing the Form I-9 must physically examine each document presented by the employee for section 2 purposes and ask themselves, does the document reasonably appear to be genuine and does it relate to the employee presenting it?  Oh, and the document cannot be expired unless you are dealing with an individual who has work authorization due to Temporary Protected Status (TPS), but that’s for another blog posting.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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