What's New

TPS for Afghanistan Extended and Redesignated for 18 Months; EADs Automatically Extended Through Nov. 20, 2024

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated  Afghanistan for Temporary Protected Status (TPS) from Nov. 21, 2023, through May 20, 2025.  Current beneficiaries who want to maintain their status must re-register from Sept. 25, 2023, through Nov. 24, 2023. Afghan nationals and individuals having no nationality who last habitually resided in Afghanistan may submit an initial registration application under the redesignation of Afghanistan for TPS and apply for an Employment Authorization Document (EAD).

Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through Nov. 20, 2024, the validity of certain EADs issued under the TPS designation for Afghanistan.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of Nov. 20, 2024.  You must reverify these employees on Form I-9 before they start work on Nov. 21, 2024.

Find more details about this extension and redesignation on the TPS designation for Afghanistan page and instructions for completing Form I-9 on the I-9 Central TPS page.

TPS Sudan Extended and Redesignated for 18 Months; Certain EADs Automatically Extended Through Oct. 19, 2024

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Temporary Protected Status (TPS) for Sudan for 18 months, from Oct. 20, 2023, through April 19, 2025.  Current beneficiaries who want to maintain their status must re-register from Aug. 21, 2023, through Oct. 20, 2023. Sudanese nationals and noncitizens having no nationality who last habitually resided in Sudan may submit an initial registration application under the redesignation for TPS for Sudan and apply for an Employment Authorization Document (EAD).

Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through Oct. 19, 2024, the validity of certain EADs issued under the TPS designation for Sudan.

Creating an E-Verify Case

After a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of Oct. 19, 2024.  You must reverify these employees on Form I-9 before they start work on Oct. 20, 2024.

Find more details about this extension and redesignation on the TPS designation for Sudan page and instructions for completing Form I-9 on the I-9 Central TPS page.

Clarification: Certain TPS Beneficiaries Are Eligible for an Up to 540-day Extension of Their EADs.

Do you employ Temporary Protected Status (TPS) Beneficiaries? If so, they may be eligible for an up to 540-day extension of their EAD.

If an individual with TPS or a pending TPS application applies to renew their TPS Employment Authorization Document (EAD) on or before October 26, 2023, according to the relevant Federal Register notice relating to their TPS country designation, their TPS EAD is extended for up to 540-days from the date shown on their TPS EAD.

When completing Forms I-9, an employee may present a facially expired EAD with a category code of A12 or C19 with a Form I-797C that a) has a filing date after the "Card Expires" date on their EAD and b) indicates eligibility for automatic EAD extension. Employers cannot reject acceptable Form I-9 documentation.  

For more information, see the M-274, Handbook for Employers, Section 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document and Section 5.3 Automatic EAD Extensions for Temporary Protected Status (TPS) Beneficiaries.

TPS for South Sudan Extended and Redesignated for 18 Months; EADs Automatically Extended Through Nov. 3, 2024

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated South Sudan for Temporary Protected Status (TPS) from Nov. 4, 2023, through May 3, 2025.  Current beneficiaries who want to maintain their status must re-register from Sept. 5, 2023, through Nov. 4, 2023. South Sudanese nationals and individuals with no nationality who last habitually resided in South Sudan may submit an initial registration application under the redesignation of South Sudan for TPS and apply for an Employment Authorization Documents (EAD).

Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through Nov. 3, 2024, the validity of certain EADs issued under the TPS designation for South Sudan.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of Nov. 3, 2024.  You must reverify these employees on Form I-9 before they start work on Nov. 4, 2024.

Find more details about this extension and redesignation on the TPS designation for South Sudan page and instructions for completing Form I-9 on the I-9 Central TPS page.

Form I-9 and E-Verify Guidance for Those Affected by the 2023 Hawaii Wildfire

All Form I-9, Employment Eligibility Verification, requirements remain in effect for areas affected by the 2023 Hawaii wildfire. All employers must continue to complete and retain Form I-9 for all individuals they hire.

Employees affected by the 2023 Hawaii wildfire who need to replace lost, stolen or damaged documents to complete Form I-9 should visit the Immigration Relief in Emergencies or Unforeseen Circumstances page at Immigration Relief in Emergencies or Unforeseen Circumstances.

See our Form I-9 and E-Verify Guidance for Those Affected by the 2023 Hawaii Wildfire for more information on how employers should complete Form I-9 if an employee's documents are lost, stolen, or damaged.

TPS Sudan Extended and Redesignated for 18 Months; Certain EADs Automatically Extended Through Oct. 19, 2024

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Temporary Protected Status (TPS) for Sudan for 18 months, from Oct. 20, 2023, through April 19, 2025.  Current beneficiaries who want to maintain their status must re-register from Aug. 21, 2023, through Oct. 20, 2023. Sudanese nationals and noncitizens having no nationality who last habitually resided in Sudan may submit an initial registration application under the redesignation for TPS for Sudan and apply for an Employment Authorization Document (EAD).

Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through Oct. 19, 2024, the validity of certain EADs issued under the TPS designation for Sudan.

Creating an E-Verify Case

After a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of Oct. 19, 2024.  You must reverify these employees on Form I-9 before they start work on Oct. 20, 2024.

Find more details about this extension and redesignation on the TPS designation for Sudan page and instructions for completing Form I-9 on the I-9 Central TPS page.

TPS Ukraine Extended and Redesignated for 18 Months; EADs Automatically Extended Through Oct. 19, 2024

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Ukraine for Temporary Protected Status (TPS) for 18 months, from Oct. 20, 2023, through April 19, 2025.  Current beneficiaries who want to maintain their status must re-register from Aug. 21, 2023, through Oct. 20, 2023. Ukrainian nationals and individuals having no nationality who last habitually resided in Ukraine may submit an initial registration application under the redesignation for TPS for Ukraine and apply for an Employment Authorization Document (EAD).

Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through Oct. 19, 2024, the validity of certain EADs issued under the TPS designation for Ukraine.

Creating an E-Verify Case

After a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of Oct. 19, 2024.  You must reverify these employees on Form I-9 before they start work on Oct. 20, 2024.

Find more details about this extension and redesignation on the TPS designation for Ukraine page and instructions for completing Form I-9 on the I-9 Central TPS page.

NEW: E-Verify Employers May Use Alternative Procedure for Form I-9 Documents Examined Remotely During COVID-19 Temporary Flexibilities

Employers enrolled in E-Verify during the COVID-19 temporary flexibilities may use an alternative procedure to satisfy the requirement of physically examining Form I-9 documents that had been examined remotely under the COVID-19 flexibilities.  

In May 2023, ICE announced that employers had until August 30, 2023, to physically inspect all documents that had been examined remotely using the COVID-19 flexibilities.  

On July 25, 2023, DHS announced an alternative procedure for Form I-9 in a Federal Register Notice. Based on the Notice, employers who meet four requirements may choose an alternative procedure in lieu of physically examining Form I-9 documentation that had been examined remotely under the COVID-19 flexibilities. 

To qualify for the alternative procedure, the employer must have:  

  1. performed remote examination of an employee’s documents between March 20, 2020, and July 31, 2023; 
  2. been enrolled in E-Verify at the time they completed the Form I-9 for that employee;  
  3. created a case in E-Verify for that employee (except for reverification); and  
  4. be currently enrolled in and continue to participate in E-Verify. 

Employers who do not meet all four requirements must perform an in-person physical examination of documents by August 30, 2023.  

All E-Verify employers that choose the alternative procedure instead of physical examination must follow the instructions for the alternative procedure in this guidance. Even if the employer performed steps similar to the alternative procedure at the time of hire, the employer must still complete the steps of the new alternative procedure to finalize the Form I-9. Employers may not unlawfully discriminate when using this procedure based on a protected characteristic, such as by deciding that certain employees are not eligible for the alternative procedure.

If you are an employer who was enrolled in E-Verify when you performed a remote examination of your employee’s Form I-9 documentation under the COVID-19 flexibilities between March 20, 2020, and July 31, 2023, and created an E-Verify case for that employee... 

You may choose to use the new alternative procedure starting on August 1, 2023 to satisfy the physical document examination requirement by August 30, 2023 

Or 

You may choose to complete an in-person physical document examination by August 30, 2023. 

(If you already conducted an in-person physical examination of documents, no action is needed.) 

If you choose to use the new alternative procedure, you must remotely examine the employee’s Form I-9 documents by conducting a live video interaction for each employee whose documents were examined remotely under the temporary flexibilities but never in-person physically examined. 

Note: If you previously used fax, email, or a live video interaction during the COVID-19 flexibilities to examine your employee’s documents, you must conduct a live video interaction by August 30, 2023. 

You must annotate Form I-9 with “alternative procedure,” the date of the second remote document examination, and your initials in Section 2, Additional Information field or in Section 3, as appropriate. You should have already annotated the date of the first

remote document examination. This new annotation should be placed near the previous annotation.  

You must not create another E-Verify case based on the second remote document examination. 

See Figure 1 below.

Figure 1
Screen Capture of Form I-9 completed with remote document examination procedure.

If you are an employer who was not enrolled in E-Verify when you performed a remote examination of your employee’s Form I-9 documentation under the COVID-19 flexibilities between March 20, 2020, and July 31, 2023... 

You must complete an in-person physical document examination by August 30, 2023

Note that you may use an Authorized Representative to complete the in-person physical document examination. 

See Figure 2 below.

For employers performing in-person physical document examinations following remote examinations completed under the COVID-19 flexibilities between March 20, 2020 and July 31, 2023, the Form I-9 must be annotated with the date the in-person physical document examination took place in Section 2, Additional Information field or in Section 3, as appropriate. 

Figure 2
Screen capture of Form I-9, completed with COVID-19 physical inspection procedure.

For more information about Temporary Flexibilities under COVID-19, visit I-9 Central

New Form I-9 Now Includes Alternative Procedure for E-Verify Employers to Remotely Examine Employee Documents

The new version of Form I‑9, Employment Eligibility Verification is now available for use. This version contains changes to the form and instructions, including shortening the Form I‑9 to one page and reducing the instructions to eight pages.

What Form I‑9 versions may be used

  • Beginning Nov. 1, 2023, only the new Form I‑9 dated "08/01/23” may be used.
  • The Form I‑9 dated "10/19/2019” may continue to be used through Oct. 31, 2023. The version date can be found at the lower left corner of the form.
  • A revised Spanish Form I‑9 dated “08/01/23” is available for use in Puerto Rico only.

A summary of changes to the Form I‑9 and instructions is available online.

Beginning August 1, employers may remotely examine employees’ Form I‑9 documents provided they are enrolled in E-Verify. The alternative procedure is detailed in a notice in the Federal Register published on July 25, 2023.

Find out how to enroll in E‑Verify on the Enrolling in E‑Verify page. More information on the alternative procedure for remote examination of documents as well as document retention requirements is available on the Remote Examination page.

Infographic showing alternate procedure for remotely examining Form I-9

For more information on Form I‑9, visit I‑9 Central or join a free Form I‑9 webinar.

New Form I‑9; Notice Published Allowing E‑Verify Employers to Remotely Examine Form I‑9 Documents

U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I‑9, Employment Eligibility Verification. Employers must use Form I‑9 to verify the identity and employment authorization of their employees.

Now only one page long, the new edition is easier for employers and employees. Other improvements include clearer instructions and providing guidance on acceptable receipts and the auto-extension of some documents found on the Lists of Acceptable Documents.

Employers may begin using the new edition beginning Aug. 1, 2023, but may continue to use the 2019 version of the form through Oct. 31, 2023. Beginning Nov. 1, 2023, only the new Form I‑9 dated ”08/01/2023” may be used. The version date can be found at the lower left corner of the form.

Graphic aid showing new Form I-9 remote examination process.

In addition, the U.S. Department of Homeland Security published a notice in the Federal Register that modernizes employment eligibility verification by allowing E‑Verify employers to remotely examine Form I-9 documents starting Aug. 1, 2023, provided they follow certain steps.

For more information, visit I‑9 Central or join a free Form I‑9 webinar. Find out how to enroll in E‑Verify on the Enrolling in E‑Verify page.

USCIS Rescinds Termination of Nicaragua TPS Designation and Extends TPS for 18 Months

Secretary of Homeland Security Alejandro Mayorkas rescinded the termination of the designation of Nicaragua for Temporary Protected Status (TPS) and extended TPS for Nicaragua for 18 months, from Jan. 6, 2024, through July 5, 2025.

DHS previously extended through June 30, 2024, the validity of certain TPS-related Employment Authorization Documents (EADs) issued under Nicaragua’s ongoing TPS designation. See the November 2022 Federal Register notice for more details.

Completing Form I-9

To complete or update Form I-9, Employment Eligibility Verification, for TPS Nicaragua beneficiaries who present an EAD with a Category Code of A12 or C19 and a Card Expires date of July 5, 2025, enter July 5, 2025, on Form I-9. You must reverify these employees before they start work on July 6, 2025.

Find more details about this extension on the TPS Nicaragua page and instructions for completing Form I-9 on the I-9 Central TPS page.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the EAD expiration date of July 5, 2025. You must reverify these employees on Form I-9 before they start work on July 6, 2025.

USCIS Rescinds Termination of El Salvador’s TPS Designation and Extends TPS El Salvador for 18 Months

Secretary of Homeland Security Alejandro Mayorkas rescinded the termination of the designation of El Salvador for Temporary Protected Status (TPS) and extended TPS for El Salvador for 18 months, from Sept. 10, 2023, through March 9, 2025. 

DHS previously extended through June 30, 2024, the validity of certain TPS-related Employment Authorization Documents (EADs) issued under El Salvador’s ongoing TPS designation. See the November 2022 Federal Register notice for more details.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the EAD expiration date of March 9, 2025. You must reverify these employees on Form I-9 before they start work on March 10, 2025.

Find more details about this extension on the TPS El Salvador page and instructions for completing Form I-9 on the I-9 Central TPS page.

USCIS Rescinds Termination of Honduras’ TPS Designation and Extends TPS Honduras for 18 Months

Secretary of Homeland Security Alejandro Mayorkas rescinded the termination of the designation of Honduras for Temporary Protected Status (TPS) and extended TPS for Honduras for 18 months, from Jan. 6, 2024, through July 5, 2025. 

DHS previously extended through June 30, 2024, the validity of certain TPS-related Employment Authorization Documents (EADs) issued under Honduras’ ongoing TPS designation. See November 2022 Federal Register notice for more details.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the EAD expiration date of July 5, 2025. You must reverify these employees on Form I-9 before they start work on July 6, 2025.

Find more details about this extension on the TPS Honduras page and instructions for completing Form I-9 on the I-9 Central TPS page.

USCIS Rescinds Termination of Nepal’s TPS Designation and Extends TPS Nepal for 18 Months

Secretary of Homeland Security Alejandro Mayorkas rescinded the termination of the designation of Nepal for Temporary Protected Status (TPS) and extended TPS for Nepal for 18 months, from Dec. 25, 2023, through June 24, 2025. 

DHS previously extended through June 30, 2024, the validity of certain TPS-related Employment Authorization Documents (EADs) issued under Nepal’s ongoing TPS designation. See the November 2022 Federal Register notice for more details.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the EAD expiration date of June 24, 2025. You must reverify these employees on Form I-9 before they start work on June 25, 2025.

Find more details about this extension on the TPS Nepal page and instructions for completing Form I-9 on the I-9 Central TPS page.

REMINDER - DHS Ends Form I-9 Requirement Flexibility 

COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. For employees whose documents were inspected remotely during the temporary flexibilities, employers must complete in-person physical document inspections by August 30, 2023. 

Employers may choose to designate an authorized representative to complete Forms I-9 and conduct an in-person physical document inspection on their behalf. See Completing Section 2 on I-9 Central for more information. 

Additional Category of Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole

On June 8, 2023, USCIS announced that certain additional Afghan parolees are employment authorized incident to parole. This updated guidance applies to certain Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of "PAR" and indicates Afghanistan as the country of citizenship on the document, if their parole has not been terminated.  

This additional category is added to the list of Afghan and Ukrainian parolees that were previously announced on November 21, 2022, as employment authorized incident to parole. With the addition of this additional category, the following Afghan and Ukrainian parolees are employment authorized incident to their parole:

  • [NEW] Employees whose unexpired Form I-94 contains a class of admission of "PAR" and indicates Afghanistan as the country of citizenship on the document may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I-9;
  • [CURRENT] Employees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of "UHP" or "OAR" on the document may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I-9, Employment Eligibility Verification; and
  • [CURRENT] Employees whose unexpired Form I-94 contains a class of admission of "DT" issued between Feb. 24, 2022, and Sept. 30, 2023, and indicates Ukraine as the country of citizenship on the document may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I-9.

Within 90 days of hire (or in the case of reverification, the date employment authorization expires), the employee must present either:

  1. An unexpired Form I-766, Employment Authorization Document (EAD); or
  2. An unrestricted Social Security card[1] and a List B identity document from the Form I-9 List of Acceptable Documents.

Individuals who received a Form I-94 at the time of entry into the United States should visit the I-94 Website to view and print a copy of their I-94.

This policy covers these populations if their parole has not been terminated by DHS.

For more information visit the USCIS Temporary Workers page.

[1] A Social Security card that contains no employment restrictions may not be available to individuals who are not admitted to the United States on a permanent basis. See https://www.ssa.gov/ssnumber/cards.htm.

Exemplar of I94

Coming Soon: E-Verify NextGen

E-Verify NextGen will be an exciting new product that modernizes and streamlines the Form I-9 and verification process for employees and employers.

Here’s what NextGen will do for you:

Feature

Benefits

Employee

Employer

Will allow employees to enter their own personal information and documents More privacy and security for your personal information. Improves efficiency and reduces data entry errors. 
Direct notification of employment status Immediate notification, in most cases, if further action is needed to determine employment eligibility, including next steps.   Eliminates the need, in most cases, for employers to deliver Further Action Notices to employees.
Will carry verification status over to new employment Update and share your employment eligibility status with new employers. Seamless integration with E-Verify, allowing you to manage all cases in one place.

Grab some popcorn and enjoy the video!  

Check out NextGen Q&As for any questions you may have after watching the video. 

DHS Ends Form I-9 Requirement Flexibility

COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. U. S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023.

This new announcement gives employers additional time to complete in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for this population. These flexibilities were initially announced in March 2020 and updated in March 2021. See I-9 Central Questions and Answers for more information.

DHS published a Notice of Proposed Rulemaking for alternative procedures allowing remote document examination for Form I-9 last year.  DHS anticipates publishing a Final Rule in the Federal Register that will implement this proposal. 

DED for Certain Hong Kong Residents Extended and Expanded, EADs Extended through Feb. 5, 2025

On Jan. 26, 2023, President Biden issued a memorandum directing the secretary of homeland security to extend and expand Deferred Enforced Departure (DED) for certain Hong Kong residents, and to provide for continued employment authorization, through Feb. 5, 2025. Accordingly, DHS published a Federal Register notice extending and expanding DED and employment authorization for certain Hong Kong residents through Feb. 5, 2025, and automatically extending through Feb. 5, 2025, the validity of DED-related Employment Authorization Documents (EADs) bearing a Category of A-11 and a Card Expires date of Feb. 5, 2023.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of Feb. 5, 2025. You must reverify these employees on Form I-9 before they start work on Feb. 6, 2025.

Find more details about this extension on the DED Covered Country – Certain Hong Kong Residents page and instructions for completing Form I-9 on the Temporary Protected Status and Deferred Enforced Departure page. 

E-Verify Records Disposal

On June 24, 2023, USCIS will dispose of E‑Verify records that are more than 10 years old, which are those last updated on or before Dec. 31, 2012. E‑Verify employers have until June 23, 2023, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases.

Employers who have not already done so must record the E‑Verify case verification number on the corresponding Form I‑9, Employment Eligibility Verification, or attach a copy of the case details page to the Form I‑9. Employers should retain the Historic Records Report with the Forms I‑9.

For more information and guidance on downloading the Historic Records Report, see the fact sheet and instructions for downloading.

Certain Employees May Present New or Corrected Forms I-797C, Notices of Action

USCIS issued new or corrected I-797, Notice of Action, receipt notices to certain individuals who did not initially receive information about the up to 540-day Employment Authorization Document (EAD) auto-extension period

  • For pending asylum applicants, USCIS issued Form I-797C, Notice of Action (I-797 receipt), that did not include information about the up to 540-day Employment Authorization Document (EAD) auto-extension period for individuals that filed a Form I-765 to renew their employment authorization and EAD. These employees can present their new I-797C receipt with their expiring or expired EAD with a Category Code of C-08 as a List A document that is valid for up to 540 days.
  • For Temporary Protected Status (TPS), USCIS either did not issue a Form I-797C receipt to some beneficiaries, or the notices issued did not include the up to 540-day EAD auto-extension period.  These employees may present their new I-797C receipt indicating either A-12 or C-19 as the Class Requested with their expiring or expired EAD with a Category Code of A-12 or C-19 as a List A document that is valid for up to 540 days. Note that the Class Requested on Form I-797C and the Category Code on the EAD do not have to match.

For more information on the 540-day Employment Authorization Document (EAD) auto-extension period, visit the USCIS Automatic Employment Authorization Document (EAD) Extension page.

New Employees

New employees presenting an EAD that has been automatically extended with the Form I-797C referring to an extension of up to 540 days must complete Section 1 as follows:

  • Select "An alien authorized to work until;" and
  • Enter the date that is 540 days from the "Card Expires" date on the EAD as the expiration date of employment authorization. To calculate that date, you may use the EAD Automatic Extension Calculator on I-9 Central.
  • Employees whose status does not expire, such as asylees, should enter N/A as the expiration date.

In Section 2, the employer must:

  • Enter EAD in the Document Title field.
  • Enter the receipt number from Form I-797C, Notice of Action, in the Document Number field.
  • In the Expiration Date field, enter the date that is 540 days from the "Card Expires" date on the EAD.
  • The employer should enter EAD EXT in the Additional Information field.

Current Employees

If a current employee presents a new or corrected Form I-797C, Notice of Action, that contains the 540-day extension as described above, they continue to be authorized to work. However, the employer should update the employee's original Form I-9 to enter the date that is 540 days from the Card Expires date on the EAD in the Section 2 Additional Information field.

Temporary Lawful Permanent Residents (LPR) Status Documentation

USCIS field offices recently started delivering Forms I-94 with ADIT (temporary I-551) stamps as temporary evidence of LPR status without requiring an in-person appearance at the field office. With this new operational process, USCIS has added more ways for applicants to obtain proof of status. This alternate Form I-94 with an ADIT stamp is an acceptable List A receipt for Form I-9 and E-Verify.

How will the new process be different?   

When LPRs call the USCIS Contact Center to request temporary evidence of status, an immigration services officer will verify their identity, physical mailing address, and if that address can receive UPS or FedEx express mail. The officer will then either create an in-person appointment if needed or submit a request to the field office to initiate the creation of the temporary evidence. If an in-person appointment is not needed, a USCIS field office will then review the request for temporary evidence and mail the applicant a Form I-94 with ADIT stamp, DHS seal and a printed photo of the LPR obtained from USCIS systems.

What will this receipt look like?

On the "delivery" Form I-94 with ADIT stamp, the LPR's printed photo is located at the top right portion of the Form I-94. Alternately, the photo on a "in person" Form I-94 ADIT stamp is affixed to the top left portion of the Form I-94. Both documents are acceptable for Form I-9, Employment Eligibility Verification, purposes. The Form I-94 will continue to have the DHS seal over the ADIT stamp and the photo. 

Examples of Form I-94 with Photo (ADIT stamp in-person)

How is this document treated for employment eligibility verification purposes? 

This document is an acceptable List A receipt for Form I-551, Permanent Resident Card.

What if the LPR has issues with the delivery or use of this document?

For questions or concerns about the request for, use of, or status of a request for a Form I-94 with a with ADIT (temporary I-551) stamp, call the USCIS Contact Center at 800-375-5283 or 800-767-1833 (TDD for the hearing impaired).

E-Verify Resumes Services

E-Verify service has been restored. Employers are once again able to fully access their E-Verify accounts and process cases. 

As a reminder, E-Verify cases must be created no later than the third business day after the employee starts work for pay. If the case is being created 3 or more days past the employee's first day of employment due to this system outage, you must select “Technical Problems” as the reason for the delay when creating the case. 

We apologize for any inconvenience and appreciate your patience.

TPS Somalia Extended and Redesignated for 18 Months; EADs Automatically Extended Through March 17, 2024

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Somalia for Temporary Protected Status (TPS) through Sept. 17, 2024.  Current beneficiaries who want to maintain their status must re-register between March 13, 2023, through May 9, 2023. Somali nationals and individuals having no nationality who last habitually resided in Somalia may submit an initial registration application under the redesignation of Somalia for TPS and apply for an Employment Authorization Document (EAD).

Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through March 17, 2024, the validity of certain EADs issued under the TPS designation for Somalia.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of March 17, 2024.  You must reverify these employees on Form I-9 before they start work on March 18, 2024.

Find more details about this extension on the TPS designation for Somalia page and instructions for completing Form I-9 on the I-9 Central TPS page.

Form I-751 and I-829 48 Month Extension

USCIS is extending the validity of Permanent Resident Cards (PRC) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card's expiration date. 
Please refer to USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829 for more information. 

For Form I-9, an employee may present their expired PRC with a Form I-797, Notice of Action, that indicates USCIS has extended the card's validity, as a List C #7 document, which must be in combination with acceptable List B document. The I-797, Notice of Action, may be related to either a Form I-751, Petition to Remove Conditions, or a Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

Employees: If you had previously provided your employer a receipt notice for your Form I-751 or I-829 application, for Form I-9 and you received a new Form I-797 Notice of Action receipt notice indicating a new extension date, present this document along with your expired PRC to your employer.  Your employer will use both of these documents to update your Form I-9.

Employers: If your employee previously provided this documentation for Form I-9, they may provide an updated Form I-797 Notice of Action receipt notice indicating a new extension date.  If your employee provides this updated documentation, you must update Form I-9.  

In Section 2, update the 'List C, Expiration Date'. You should:

  • Draw a line through the expiration date;
  • Enter the updated date; and
  • Initial and date the update.

You must reverify the employee's employment authorization before their extension ends. For more information about reverification please see 'Reverifying Employment Authorization for Current Employees'

USCIS Redesigns Permanent Resident Cards and Employment Authorization Documents

February 3, 2023

USCIS announced new designs for tamper-resistant Form I-551, Permanent Resident Cards (also known as Green Cards), and Form I-766, Employment Authorization Documents (EADs). USCIS began issuing the redesigned cards on Jan. 30, 2023.

Some Permanent Resident Cards and EADs issued after Jan. 30, 2023, may still display the existing design format. Both versions of the cards are acceptable for Form I-9, Employment Eligibility Verification, and E-Verify. 

The introduction of new card designs does not mean that previously issued cards are invalid. Cards remain valid until their expiration date (unless otherwise noted, such as through an automatic extension of the validity period of the Permanent Resident Card or EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice). Also, some older Permanent Resident Cards do not have an expiration date. These older Permanent Resident Cards without an expiration date remain valid.

Please see the USCIS News Release to learn more. Go to the Form I-9 Acceptable Documents page on I-9 Central and Section 12.1 of the Handbook for Employers (M-274) to see examples of the new card designs.

DED for Certain Hong Kong Residents Extended and Expanded; EADs Extended through Feb. 5, 2025

On Jan. 26, 2023, President Biden issued a memorandum directing the secretary of homeland security to extend and expand Deferred Enforced Departure (DED) for certain Hong Kong residents, and to provide for continued work authorization through Feb. 5, 2025. Accordingly, USCIS will automatically extend through Feb. 5, 2025, the validity of DED-related Employment Authorization Documents (EADs) with a Card Expires date of Feb. 5, 2023.

When you complete or update Form I-9, Employment Eligibility Verification, refer to the Hong Kong DED page, which will confirm that we are automatically extending through Feb. 5, 2025, your employee's EAD if it has a Card Expires date of Feb. 5, 2023, and a Category of A-11. You must reverify these employees before they start work on Feb. 6, 2025. 

Find instructions for completing Form I-9 on the Temporary Protected Status and Deferred Enforced Departure page. As provided by the president's memorandum, a Federal Register notice is coming soon.

TPS Haiti Extended and Redesignated for 18 Months; EADs Automatically Extended Through Feb. 3, 2024

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Haiti for Temporary Protected Status (TPS) through Aug. 3, 2024. Haitian nationals and individuals having no nationality who last habitually resided in Haiti may submit an initial registration application under the redesignation of Haiti for TPS and apply for an Employment Authorization Document (EAD).

Given the time frames for processing TPS re-registration applications, USCIS has automatically extended the validity of certain EADs issued under the TPS designation for Haiti through Feb. 3, 2024.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of Feb. 3, 2024. You must reverify these employees on Form I-9 before they start work on Feb. 4, 2024.

Find more details about this extension on the TPS designation for Haiti page and instructions for completing Form I-9 on the I-9 Central TPS page.

REMINDER: Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole

On Nov. 21, 2022, USCIS announced that Ukrainian and Afghan parolees with certain classes of admission are employment authorized incident to their parole.

  • Employees whose unexpired Form I‑94, Arrival-Departure Record, contains a class of admission of UHP or OAR on the document, may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I‑9, Employment Eligibility Verification.
  • Employees whose unexpired Form I‑94, Arrival-Departure Record, contains a class of admission of DT issued between February 24, 2022, and September 30, 2023, and indicates Ukraine as the country of citizenship on the document, may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I‑9.

Within 90 days of hire (or in the case of reverification, the date employment authorization expires), the employee must present either:

  1. an unexpired Employment Authorization Document (EAD), or
  2. an unrestricted Social Security card[1] and a List B identity document from the Form I-9 List of Acceptable Documents.

Individuals who received a Form I-94 at the time of entry into the United States should visit I-94 Website to view and print a copy of their I-94. 

This policy covers these populations if their parole has not been terminated by DHS.

For more information visit the USCIS Temporary Workers page.

[1] A Social Security card that contains no employment restrictions may not be available to individuals who are not admitted to the United States on a permanent basis.

See https://www.ssa.gov/ssnumber/cards.htm.

Sample of Form I-94 with instructions on completing certain form fields.

Translations:

TPS Yemen Extended and Redesignated for 18 Months; EADs Automatically Extended Through March 3, 2024

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Yemen for Temporary Protected Status (TPS) through Sept. 3, 2024. Current beneficiaries who want to maintain their status must re-register between Jan. 3, 2023 through March 4, 2023. Yemeni nationals and individuals having no nationality who last habitually resided in Yemen may submit an initial registration application under the redesignation of Yemen for TPS and apply for an Employment Authorization Document (EAD).

Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through March 3, 2024, the validity of certain EADs issued under the TPS designation for Yemen.

Creating an E-Verify Case

Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. If the employee presented their EAD that has been automatically extended, enter the EAD document number you entered on Form I-9, as well as the automatically extended date of March 3, 2024. You must reverify these employees on Form I-9 before they start work on March 4, 2024.

Find more details about this extension on the TPS Yemen page and instructions for completing Form I-9 on the I-9 Central TPS page.

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