Some nonimmigrants are employment authorized incident to status in the U.S., which means they are eligible to work based on their nonimmigrant status or are eligible to apply for employment authorization. However, other nonimmigrants, such as temporary visitors for pleasure, are not eligible to work in the U.S.
Temporary visitors for pleasure typically receive a Form I-94 with a B-2, WT, GT, or GMT class of admission. Employers should not accept a nonimmigrant’s Form I-94 with these admission codes as evidence of employment authorization.
The E-Verify Automated Acceptance Testing (EAAT) process is now available to all web service (WS) developers. The EAAT process allows developers to self-test, certify, and validate that ICA v30 integrates with their systems, and improves customer satisfaction by eliminating up to two weeks of waiting for validation results.
To complete the EAAT process and obtain approval to use ICA v30, WS developers should:
- Use the self-test document to ensure their software properly handles all possible E-Verify case scenarios. The self-test document can be found on the E-Verify Stage site under Web Services > View Essential Resources.
- Contact E-Verify at firstname.lastname@example.org after testing the software, and request instructions to use the EAAT process.
All E-Verify WS developers must integrate ICA v30 into their systems by Oct. 26. If you have questions, please contact e‑email@example.com.
The Department of Homeland Security (DHS) published a Federal Register Notice announcing actions to comply with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. March 12, 2019). The parties’ disputes in Bhattarai v. Nielsen are similar to, and will be informed by, the disputes being litigated in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018). For this reason, DHS will not implement or enforce the decision to terminate TPS for Nepal or Honduras during the pendency of the Ramos v. Nielsen appeal, or by other order of the court.
DHS is also automatically extending the validity of TPS-related Employment Authorization Documents (EADs), Forms I–797, Notice of Action (Approval Notice), and Forms I–94 (Arrival/Departure Record) for beneficiaries under the TPS designation for Nepal through March 24, 2020. Note that beneficiaries under the TPS designation for Honduras either have or will receive TPS-related EADs valid through January 5, 2020. For this reason, the automatic extension discussed in this article does not apply to them.
Completing Form I-9
When completing or updating Form I-9, Employment Eligibility Verification, follow the chart below to determine which documents a current TPS beneficiary from Nepal may present, as well as the new expiration date of their automatically extended EADs:
|If the “Card Expires” date on the employee’s EAD is:||Then, to complete Form I-9, your employee
may present this Federal Register Notice
along with the EAD that contains
a category of A12 or C19
|Enter the new expiration date of the automatically extended EAD on Form I-9:||You must reverify them before they start work on:|
|June 24, 2018||March 24, 2020||March 25, 2020|
|June 24, 2019||March 24, 2020||March 25, 2020|
On April 26, E-Verify deployed the Web service (WS) ICA v30. ICA v30 includes:
- Enhancements Aligning WS with the Web Browser – These changes align WS with the E-Verify Modernization changes applied to the Web browser in April 2018.
- ICA v30 Technical Enhancements – These new technical enhancements offer WS providers a new option for WS communication protocols, additional security features, and improved responses that provide clarity and transparency.
- New Enhancements for Both WS ICA v30 and the Web Browser - These new features provide WS and Web browser users with the following:
- Automatic closure for all cases that receive an Employment Authorized (EA) result. Previously only cases that initially received an EA result were automatically closed.
- Updated I-94 Document Number field to allow for alphanumeric characters.
- Added new search filters so users are able to easily locate all draft cases, or all cases automatically closed in the last 30 days.
WS providers must update their WS interface to incorporate these enhancements no later than October 26, 2019. Visit our E-Verify Enhancements page for more information.
Secretary of Homeland Security Kirstjen M. Nielsen announced that the Temporary Protected Status (TPS) designation for South Sudan has been extended for 18 months, through Nov. 2, 2020. Current beneficiaries who want to maintain their status must re-register between April 5, 2019, and June 4, 2019.
Given the timeframes for processing TPS re-registration applications, USCIS has automatically extended the validity of certain Employment Authorization Documents (EADs) issued under the TPS designation of South Sudan through Oct. 29, 2019.
Completing Form I-9
When completing or updating Form I-9, Employment Eligibility Verification, follow this chart to determine which documents a current TPS beneficiary of South Sudan may present, as well as the new expiration date of their automatically extended EADs.
On March 28, 2019, President Trump issued a memorandum directing Department of Homeland Security (DHS) Secretary Kirstjen Nielsen to extend the deferred enforced departure (DED) wind-down period for eligible Liberians for 12 months and to provide for continued work authorization through March 30, 2020. Eligible Liberians may apply for new EADs covering this extended wind-down period. In order to allow sufficient time for affected individuals to file and for USCIS to process their applications, DHS is automatically extending DED-related EADs with a printed expiration date of March 31, 2019, and bearing the code “A-11” for an additional 180 days through Sept. 27, 2019.
When completing or updating Form I-9, Employment Eligibility Verification, refer to this Federal Register notice and the Liberia DED page, which provides confirmation that your employee’s EAD, if it has an expiration date of March 31, 2019, and states A-11 under Category, is automatically extended for six months through Sept. 27, 2019. After Sept. 28, 2019, you will be required to reverify this employee’s work authorization on Form I-9.
There is an easy way to let everyone know that you are using E-Verify to help maintain a legal workforce: request authorization to post the trademarked E-Verify logo on your website and printed materials.
Visit the Trademark and Logo Usage Guidelines webpage for more information and to submit your request.
On March 28, 2019, President Trump, after consulting relevant executive branch agencies, issued a memorandum extending the wind-down period for Deferred Enforced Departure (DED) for an additional 12 months, through March 30, 2020, for certain eligible Liberians. During this time, such individuals may remain in the United States. The president also directed DHS Secretary Nielsen to provide for continued work authorization for Liberian DED beneficiaries. USCIS will publish a notice in the Federal Register with information on the six-month automatic extension, through Sept. 27, 2019, of employment authorization documents (EADs) currently held by eligible Liberians under DED and instructions on how they can obtain EADs for the remainder of the DED wind-down period.
For more information see: https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-liberia/ded-granted-country-liberia. Liberian nationals or their employers may also contact the USCIS Contact Center at 1-800-375-5283.
The Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER) released a redesigned version of its “Right to Work” poster. The redesigned poster offers information to prospective and current employees about the legal right to work in the U.S. and a law that protects legally-authorized workers from discrimination based on their citizenship status and national origin. E-Verify employers must display the E-Verify Participation poster and the IER Right to Work poster in English and Spanish in a prominent place that is clearly visible to prospective employees and all employees who will have their employment eligibility confirmed with E-Verify as stated in the E-Verify User Manual.
E-Verify’s self-service options allow users to access and manage their account online.
Users can reset their login ID or password at https://e-verify.uscis.gov/web. These self-service options are part of E-Verify’s ongoing effort to improve the user experience.
Self Check, a feature that allows employees to verify their employment eligibility, now requires a myE-Verify account. Employees will be prompted to create or log in to a myE-Verify account, where they can perform multiple Self Check queries and lock their Social Security number to prevent others from using it in E-Verify. The streamlined account creation process continues to protect employee information while eliminating the need for repeated identity-proofing.
Visit myE-Verify to learn about the latest updates.
E-Verify has resumed operations following the lapse in government appropriations. While all E-Verify features and services, including the ability to resolve a Tentative Nonconfirmation (TNC) are now available, employers may experience longer-than-usual processing times as we work through a large volume of accumulated cases. See E-Verify Resumes Operation for more information. Thank you again for your patience and support of the E-Verify Program.