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Can an employer accept a USCIS Welcome Notice as proof of eligibility to work in the US?

Long Beach, CA |

An employee's Employment Authorization card expires 7/30/13. She has been approved for a Green Card, and has received her Welcome Notice. She has not received the card yet. Will the Welcome Notice be sufficient for the time being if the Green Card is not received by 7/30/13?

Attorney Answers 6

Posted

Absolutely not.

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Alexander Joseph Segal

Alexander Joseph Segal

Posted

WHy not, so I know?

John Grayson Davidson

John Grayson Davidson

Posted

This is from USCIS site. Note, it clearly says "show your permanent resident card" or I-551 stamp. It does not say "Welcome Notice." Also, they do refer to the Welcome Notice as something one will receive, not something one may use as a substitute for his green card. Here is the authority: If You Recently Became a Permanent Resident After you become a permanent resident we mail you a welcome notice. Then we mail your new permanent resident card (green card). If you move before you get your card, call customer service at 1-800-375-5283 when you move. You should also call customer service if any of the following occur: You received your welcome notice or card, but you believe there is an error It has been more than 30 days since you became a permanent resident, and you have not received your welcome notice. It has been more than 30 days since you received your welcome notice but you have not received your new card. You have questions about your new status as a permanent resident. Applying for other documents from other agencies (Driver's License, Social Security Card) as a Permanent resident Permanent residents can work in the U.S. When you were granted permanent residence, we may have placed a special stamp in your passport or given you a temporary status document. Until you receive your new Permanent Resident Card, use this stamp or document if: You apply for an unrestricted social security card You apply for a driver's license You need to travel abroad for less than one year When you apply for a job, show your new permanent resident card (green card) or your unrestricted social security card, and a valid identity document, such as your driver's license to prove eligibility to work here in the U.S. For information about how to apply for a social security card, please see the Social Security Administration website. If you were already in the U.S. when you became a permanent resident, and have not yet received temporary evidence of your new status, please follow the instructions on your approval notice. I hope that clarifies the issue. If have some other reference, please let me know.

John Grayson Davidson

John Grayson Davidson

Posted

Now, if temporary evidence of your new status means Welcome Notice, then I stand corrected. I believe a Welcome Notice is not such a document. Where would we find a definition of temporary evidence of status? Here is something I found and the document is not a welcome notice: (g) Eligibility for evidence of permanent residence while in deportation, exclusion, or removal proceedings. A person in deportation, exclusion, or removal proceedings is entitled to evidence of permanent resident status until ordered excluded, deported, or removed. USCIS will issue such evidence in the form of a temporary permanent resident document that will remain valid until the proceedings are concluded. Issuance of evidence of permanent residence to an alien who had permanent resident status when the proceedings commenced shall not affect those proceedings. (Revised effective 11/28/11, 76 FR 53764)

Posted

No

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Alexander Joseph Segal

Alexander Joseph Segal

Posted

Why not, so I know?

J Charles Ferrari

J Charles Ferrari

Posted

It is not one of the documents that are acceptable for I-9 purposes.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Thanks, I will look it up.

Posted

Yes.

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Posted

Even though the fortunate "employee" is now a permanent resident and, thus, authorized to work, the USCIS Welcome Notice is not an acceptable form of evidence to show Permanent Resident status and eligibility to work in the U.S.

Moreover, while I have no intention to spoil anyone's plans, the Employment Authorization card which has an expiration date of 7-30-13, has been revoked by operation of law. To show eligibility to work, until she receives the actual Permanent Resident Card, she must obtain temporary evidence of permanent resident status -- I-551 stamp, from USCIS.

(818) 582-3338. The information provided above is not, nor is it intended to be, legal advice. It is provided solely for the purpose of educating the public at large and is not intended to provide solutions to any individual problems. You are strongly encouraged to consult with an attorney before relying on any information so that the attorney can thoroughly review the facts applicable to your specific situation.

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Posted

If it's been over 30 days since you received your welcome notice and haven't received your card call this number: 1-800-375-5283. It's the USCIS customer service number. They will answer your questions and will tell you when you can expect your card. Regardless, keep in mind that the government does not give you legal advice, they answer your questions regarding the procedures only. I hope this helps

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Posted

No. However, if the employee needs temporary evidence of LPR status to avoid losing a job, he or she should try making an InfoPass appointment through www.uscis.gov (select speak to immigration officer). USCIS will sometimes agree to put a temporary I-551 stamp in the foreign passport. That would be evidence of work authorization. If he/she has no passport, bring two passport photos.

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