AyiConnect Staff, Sep 20, 2023
A green card, officially known as a lawful Permanent Resident Card, is a valuable document that grants you the legal right to live and work in the United States. This official document shows your legal authorization to pursue any career path in the US, opening doors to a wider range of opportunities. However, green cards are not entirely immune to expiration. Let's explore the implications of working in the US with an expired green card, the rules and regulations surrounding this situation, and potential workarounds and options. We'll also discuss how the I-9 form for payroll comes into play in this context.
Can Nannies and Caregivers Work with an Expired Green Card?
Technically, no. Your Green Card itself is proof of your permanent resident status, which allows you to work legally. An expired Green Card doesn't invalidate your status, but it does mean you can't use it as proof of employment authorization.
However, if you're already employed and your Green Card expires, you can likely continue working for your current employer. They might ask for alternative documentation while your renewal is processing.
Starting a new job with an expired Green Card will be difficult. Employers are required to verify your work authorization, and they can't accept an expired Green Card.
When it comes to payroll and employment documentation, an expired greencard does come with important considerations and potential challenges.
- Legal Employment: Nannies and caregivers must have legal employment status to work in the US. An expired green card does not automatically invalidate this status, but it's essential to renew it promptly to avoid complications.
- I-9 Form: Employers are required by law to complete Form I-9 for all employees to verify their eligibility to work in the United States. An expired green card may raise concerns during this process, so it's crucial to address it proactively.
- Travel and Re-entry: An expired green card can complicate international travel. If you plan to leave the US and return, consider renewing your green card to avoid travel-related challenges.
Workarounds and Options:
- Renew Your Green Card: The most straightforward solution to continue working in the US is to renew your green card. The renewal process typically involves filing Form I-90, Application to Replace Permanent Resident Card. It's essential to start this process well before your green card expires to avoid gaps in your legal status. You can then present your expired green card along with a Form I-797, Notice of Action, indicating that your green card renewal is in process. This will also allow you to complete the I-9 form and remain eligible for payroll.
- I-551 Stamp: If you have applied for a green card renewal but haven't received the new card yet, you can also request an I-551 stamp from your local USCIS office. This stamp serves as temporary proof of your permanent resident status and allows you to work and travel.
- Employment Authorization Document (EAD): In certain cases, you might be eligible for an EAD, also known as a work permit. You can apply for an EAD while your green card renewal is pending. However, eligibility criteria vary, and it's essential to consult with an immigration attorney or check the USCIS website for specific details.
- Returning Resident Visa: If you have been living abroad for an extended period, you might need to apply for a Returning Resident (SB-1) visa to re-enter the US. This option is typically for green card holders who have been outside the US for more than one year due to unforeseen circumstances.
While it is possible to work in the US with an expired green card, it's crucial to take proactive steps to renew your green card to comply with employment eligibility and payroll requirements.
Do not ignore the expiration of your green card. Act promptly as soon as you discover the green card has expired, to avoid complications with your employment and legal status in the United States.
Always consult with an immigration attorney or the United States Citizenship and Immigration Services (USCIS) for personalized guidance and assistance when dealing with an expired green card. Use I-90 Application to Replace Permanent Resident Card (Green Card).
Looking for a care related job in the US, download the AyiConnect app to start your search.
If you're looking for more employment opportunities in the US, check vacancies for nannies or vacancies for live-in nannies and start a new career.
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