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. The reverification information is recorded in section 3 of the employee's original I-9 form.
In some cases, a new I-9 form may need to be created; if so, the old one should be kept. If an employee has shown documents that prove they are a lawful permanent resident (they have a green card), the employer must not rerequest documents. This is because the expiration date on the green card only means that it must be renewed, not that their work authorization has expired. Therefore, employers should not ask for documents again as the employee has authorization to work in the U.
S. Similarly, if an employee has been granted asylum, they are allowed to work indefinitely. To comply with the I-9 form, they can submit documents that have no expiration date, such as an identification card or driver's license to establish their identity and an unrestricted Social Security card that only contains their name and Social Security number (without the legend “valid to work only with DHS authorization”). The IER helps immigrant workers whose employers have discriminated against them when they demonstrate that they are allowed to work in the U.
Employees have the right to choose which of the listed documents they will show to the employer. For example, if at the time of hire they showed a work permit with an expiration date, on or before that expiration date, the employer must ask them to show that they are still authorized to work in the U. If an employee believes their employer has abused documents or rechecked their work documents when they shouldn't have, they should contact an immigrant rights group, a worker's center, or their union representative if applicable. In certain cases, employers must ask workers to show their work authorization documents again (after filling out the I-9 form when they hired them).
In other cases where a work permit expires and has not been renewed, it is not covered by the “special reception rules” described above and if an employer wants to fire them, they should contact an immigrant rights organization or their union representative if applicable. Processing a new work visa can take up to 90 days so employees must apply for it 90 days before their leave expires but no more than four months. Most employers will discuss options with an immigration lawyer before making any important decision with an employee, especially when it comes to measures such as dismissal or suspension. The extension begins on the date the EAD expires and generally continues for up to 540 days or up to 180 days, as appropriate, unless the USCIS denies the renewal request. This requires employers to at least ask potential employees for proof of their right to work in New Zealand.
It is illegal to allow a person with an expired work permit to work, even if it's only a matter of a few days. If employers have employees who have any type of visa or temporary work permit, it is their responsibility to ensure that they do not keep hiring them after their leave expires. Under the Act, it is an exception if an employer did not know that the employee had no right to work and took reasonable precautions and acted with due diligence to determine if the person had the right to work. Under collective bargaining agreements, unions can ask employers to grant employees unpaid leave for a reasonable period of time until they receive their new work permit. This measure will provide greater protection for New Zealand migrants vulnerable to exploitation and will further discourage unscrupulous employers. It is essential for employers to understand what steps need to be taken when dealing with employees whose visas are about to expire during employment.
Employers should review all relevant documentation carefully and ensure that all necessary steps are taken in order for employees to remain legally employed in New Zealand. Employers should also be aware of any exceptions that may apply in certain cases and take appropriate action accordingly.
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