E-Verify Releases New Case Processing Enhancements

On June 21, E-Verify released several new features designed to increase awareness of existing duplicate cases which will reduce overall case processing time. Additionally, E-Verify redesigned the “Search Cases” page to provide a more robust case query function.

To learn more, visit the E-Verify Enhancements page.

Portability Continued for H-2B Workers Seeking to Change Employers

On May 18, the Department of Homeland Security and the Department of Labor published a joint temporary final rule (87 FR 30334) in the Federal Register to increase the numerical limits during the second half of FY2022 for H-2B nonimmigrant visas and continue to provide portability flexibility for H-2B workers already in the U.S. This temporary rule allows an H-2B worker who is already in the U. S. to begin work immediately with a new employer after an H-2B petition (supported by a valid temporary labor certification (TLC) is received by USCIS and before it is approved.

A temporary final rule (87 FR 4722) published in January currently provides portability and portability will continue for petitions received by USCIS through Jan. 24, 2023. Updated Form I-9 guidance for H-2B workers seeking to change employers is located in the Handbook for Employers - Section 6.7.

E-Verify Releases Improved Further Action Notices and Referral Date Confirmation Letter

E-Verify is excited to announce the release of an updated and improved Further Action Notice and Referral Date Confirmation. These system-generated documents instruct employers and employees if an E-Verify Tentative Nonconfirmation (Mismatch) case result is issued.

On the Further Action Notice, we:

  • Ordered process steps more logically and improved the use of plain language;
  • Added a new system-generated date for employees and employers to take action on the case; and
  • Added a new section titled “Your Rights in this Process” containing new U.S. Equal Employment Opportunity Commission (EEOC) contact information.

On the Referral Date Confirmation Letter, we:

  • Improved the document layout and clarity of employee instructions; and
  • Consolidated three agency-based referral letters into one standard letter.

For more information, please visit:

Employee Rights and EEOC Contact Information

The U.S. Equal Employment Opportunity Commission is available to answer your questions about employment discrimination, including discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. To learn more, employers and employees may call 800-669-4000, (TTY:844-234-5122) or visit www.eeoc.gov.

E-Verify announces New Tentative Nonconfirmation (Mismatch) Process Terminology

E-Verify is adding new process terminology to improve customer service by introducing easy to understand terminology in the Tentative Nonconfirmation process. The steps in the process do not change however, clearer language will help users better understand the process. Users can expect to see the following “Old Terms” gradually phased out and replaced with “New Terms” throughout our resources, including the E-Verify User Manual and E-Verify.gov.

Old Term New Term
Tentative Nonconfirmation Tentative Nonconfirmation (Mismatch)
TNC Mismatch
Case Verification Number E-Verify Case Number
Contest Take Action to Resolve
DHS Secretary Designates Afghanistan for TPS

Secretary of Homeland Security Alejandro Mayorkas designated Temporary Protected Status (TPS) for Afghanistan, for 18 months, effective May 20, 2022, through Nov. 20, 2023. Afghan nationals and individuals having no nationality who last habitually resided in Afghanistan may submit an initial registration application under the designation for TPS for Afghanistan and apply for an EAD during the 18-month registration period that begins May 20, 2022, and ends on Nov. 20, 2023. Once a beneficiary is granted TPS, they are authorized to work and if they applied for an EAD, will be issued an EAD with a category code of A12.

For additional information, see the Federal Register notice designating Afghanistan for TPS as well as the USCIS TPS webpage.

Employment Authorization Document (EAD) Automatic Extension Calculator

On May 4, 2022, DHS published a temporary final rule (87 FR 26614) amending 8 CFR 274a.13(d).

The temporary final rule increases the employment authorization and/or Employment Authorization Document (EAD) automatic extension for certain renewal applicants from up to 180 days to up to 540 days.

In order to assist employers and employees with determining the EAD expiration date for eligible employees, USCIS has created the new EAD Automatic Extension Calculator!

This calculator will seamlessly calculate the new EAD expiration date for eligible employees. please visit Employment Authorization Document (EAD) Automatic Extension Calculator.

Temporary Rule to Increase Employment Authorization and/or Employment Authorization Document Validity for Eligible Renewal Applicants

On, May 4, 2022 the Department of Homeland Security published a temporary rule (87 FR 614) that temporarily increases the automatic extension period to up to 540 days for employment authorization and/or Employment Authorization Documents (EAD, Form I-766) available to certain applicants who have filed Form I-765, Application for Employment Authorization, renewal applications. This rule also provides eligible noncitizens with a pending renewal application:

  • An additional up to 360-day extension if their EAD is still covered under the 180-day automatic extension, for a total of up to 540 days past the “Card Expires” date of the current EAD; or
  • An additional period and resumption of employment authorization and/or EAD validity if their 180-day extension has lapsed, for up to 540 days past the “Card Expires” date of the current EAD.

See the USCIS announcement for more information and refer to Section 4.4 of the M-274 for updated Form I-9 guidance.

Early EAD Case Alerts in E-Verify

If you created a case for an employee with an EAD that has been automatically extended for 180 days, you may receive a “Work Authorization Documents Expiring” case alert more than 90 days prior to the new expiration date of the employee’s EAD. The early alert may occur because the case was created before DHS published a temporary final rule (87 FR 26614) which temporarily increases the employment authorization and/or EAD automatic extension period for certain noncitizens from up to 180 days to up to 540 days. The alert is a reminder, no action is required in E-Verify and you may dismiss the alert.

Employers are required to update Section 2 of the employee’s Form I-9 to reflect the extension increase provided by the temporary final rule. For guidance on updating Section 2 before the employee’s 180-day automatic extension ends, see Section 4.4 of the M-274.

DHS Extends Form I-9 Requirement Flexibility (Effective May 1, 2022)

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

This temporary guidance was set to expire April 30, 2022. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until Oct. 31, 2022.

See the original ICE news release from March 20, 2020, for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9. Please also consult ICE’s guidance for clarification on this provision.

Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.

Employers must monitor DHS’ and ICE’s Workforce Enforcement announcements about when the extensions end and normal operations resume.

E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see COVID-19 webpage for more information.

DHS Secretary Designates Ukraine for TPS

Secretary of Homeland Security Alejandro Mayorkas designated Temporary Protected Status (TPS) for Ukraine, for 18 months, effective April 19, 2022, through Oct. 19, 2023. Ukrainian nationals and individuals having no nationality who last habitually resided in Ukraine may submit an initial registration application under the designation for TPS for Ukraine and apply for an Employment Authorization Document (EAD) during the 18-month registration period that begins April 19, 2022, and ends on Oct. 19, 2023.

Once a TPS applicant receives an EAD with a Category Code of A12 or C19, they can present that EAD to employers as evidence of their identity and authorization to work.

For additional information, see the Federal Register notice designating Ukraine for TPS as well as the USCIS TPS webpage.

DHS Secretary Designates Sudan for TPS

Secretary of Homeland Security Alejandro Mayorkas designated Temporary Protected Status (TPS) for Sudan, for 18 months, effective April 19, 2022, through Oct. 19, 2023. Sudanese nationals and individuals having no nationality who last habitually resided in Sudan may submit an initial registration application under the designation for TPS for Sudan and apply for an Employment Authorization Document (EAD) during the 18-month registration period that begins April 19, 2022, and ends on Oct. 19, 2023. Once a TPS applicant receives their EAD with a Category Code of A12 or C19, they can present that EAD to employers as evidence of their identity and authorization to work.

Current TPS Sudan beneficiaries whose TPS is continued under a TPS-related court order may file an initial application under this new designation, following the instructions in the Federal Register notice, to avoid possibly losing TPS or experiencing a gap in coverage if the court order no longer applies.

For additional information, view the Federal Register notice designating Sudan for TPS as well as the USCIS TPS webpage

Public Comment Period for Form I-9 Extension Open Until May 31, 2022

DHS published Federal Register notice 87 FR 18377 on March 30 to invite public comments on its proposed extension and revisions to Form I-9, Employment Eligibility Verification, before it expires on Oct. 31.

DHS is proposing Form I-9 be extended and revised as follows:

  • Compress Sections 1 and 2 from two pages to one page to reduce paper use and storage burden on employers.
  • Change Section 3 to a Reverification and Rehire Supplement that provides three separate areas to enter reverifications and rehires within 3 years of the date of the initial execution of an employee's Form I-9. Employers would only print and use the supplement as needed, further reducing paper use and storage burdens on employers.
  • Update the List of Acceptable Documents to include a link to List C documents issued by DHS and the acceptable receipts listed in 8CFR 274a.2(b)(1)(vi)(A-C).
  • Reduce and simplify the instructions from 15 pages to 7 pages, further reducing paper usage.
  • Remove electronic PDF enhancements to ensure that it can be completed on all electronic devices and is not software dependent.

The Paperwork Reduction Act of 1995 requires a 60-day and a 30-day comment period for this Form I-9 extension. This 60-day comment period will be open until May 31. To review the proposed revisions to the form and instructions and to submit your comment, go to Federal Register notice 87 FR 18377.

Certain EADs for TPS Syria Automatically Extended through Sept. 24, 2022

USCIS is issuing individual notices to certain TPS Syria beneficiaries whose applications to renew Form I-766, Employment Authorization Document (EAD), remain pending. These individual notices further extend the validity of their EADs until Sept. 24, 2022. Their current EADs bear an A12 or C19 category and an expiration date of March 31, 2021; Sept. 30, 2019; or March 31, 2018.

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 Sept. 24, 2022. You must reverify these employees on Form I-9 before they start work on Sept. 25, 2022. Find more details about this automatic extension on the TPS Syria webpage and instructions for completing Form I-9 on the I-9 Central TPS page.

New Unique Entity Identifier (UEI) Number Requirement for Federal Contractors

Effective April 4, 2022, the federal government will no longer use the Data Universal Numbering System (DUNS) number to uniquely identify federal contractors. As a result, federal contractors will be required to obtain a UEI number from SAM.gov and update that number in E-Verify.

E-Verify will include a new UEI field for federal contractors on or around April 4. Employers that have indicated they are a federal contractor in E-Verify will need to provide this UEI number through their company profile. Program Administrators can log into their E-Verify account and click on ‘View Company Profile’ to update this information.

The UEI field will be available during the E-Verify initial enrollment process later this fiscal year.

While it is not a required field, E-Verify will still collect the DUNs number for all employer types.

Visit the GSA website for more information on the UEI number; and SAM.gov for more information on this transition.

E-Verify Records Disposal Date Extended to May 6, 2022

On May 6, 2022, USCIS will dispose of E-Verify records that are more than 10 years old, which are those dated on or before Dec. 31, 2011. E-Verify employers have until May 5, 2022, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases.

Employers are required to 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.

Public Comment Period for Form I-9 Extension Open Until May 31, 2022

DHS published Federal Register notice 87 FR 18377 on March 30 to invite public comments on its proposed extension and revisions to Form I-9, Employment Eligibility Verification, before it expires on Oct. 31.

  • DHS is proposing Form I-9 be extended and revised as follows:
  • Compress Sections 1 and 2 from two pages to one page to reduce paper use and storage burden on employers.
  • Change Section 3 to a Reverification and Rehire Supplement that provides three separate areas to enter reverifications and rehires within 3 years of the date of the initial execution of an employee's Form I-9. Employers would only print and use the supplement as needed, further reducing paper use and storage burdens on employers.
  • Update the List of Acceptable Documents to include a link to List C documents issued by DHS and the acceptable receipts listed in 8CFR 274a.2(b)(1)(vi)(A-C).
  • Reduce and simplify the instructions from 15 pages to 7 pages, further reducing paper usage.
  • Remove electronic PDF enhancements to ensure that it can be completed on all electronic devices and is not software dependent.

The Paperwork Reduction Act of 1995 requires a 60-day and a 30-day comment period for this Form I-9 extension. This 60-day comment period will be open until May 31. To review the proposed revisions to the form and instructions and to submit your comment, go to Federal Register notice 87 FR 18377.

Certain EADs for TPS Somalia Automatically Extended through Sept. 12, 2022

The U.S. Department of Homeland Security has automatically extended the validity of certain Employment Authorization Documents (EADs) with a Category Code of A12 or C19 issued under Temporary Protected Status (TPS) for Somalia through Sept. 12, 2022.

Completing Form I-9

For Form I-9, Employment Eligibility Verification, TPS Somalia beneficiaries may present an EAD with a Category Code of A12 or C19 along with an individual notice issued by USCIS, which automatically extends their EADs through Sept. 12, 2022.

If the employee presents an EAD with a Category of A12 or C19 and a Card Expires date of Sept. 17, 2021; March 17, 2020; or Sept. 17, 2018, you should enter Sept. 12, 2022, as the new expiration date of the automatically extended EAD in Section 2 under List A. You must reverify these employees on Form I-9 before they start work on Sept. 13, 2022.

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

DHS To End COVID-19 Temporary Policy for Expired List B Identity Documents

DHS is ending the COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, Employers will no longer be able to accept expired List B documents.

DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents. 

If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, 2022. See table below for update requirements.

If the employee’s Form I-9 was completed between May 1, 2020 and April 30, 2022 with an expired List B document and that document expired on or after March 1, 2020, and the employee: Then:
Is still employed.
  • Have the employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document or a document from List A.
  • In the “Additional Information” field of Section 2, the employer enters the document:
    • Title;
    • Issuing authority;
    • Number; and
    • Expiration date.
  • The employer initials and dates the change. See example.
Is no longer employed. No action is required.
The List B document was auto extended by the issuing authority, so it was unexpired when presented. No action is required because the document was unexpired when presented.
A new myE-Verify User Interface

myE-Verify is excited to announce the release of a brand-new user interface featuring:

  • An enhanced look and feel including new landing and enrollment pages
  • A new dashboard that displays right after successful login where users can
    • Track E-Verify and Self Check cases
    • View open cases
    • Review case history at a glance
  • New color-coded tags used to quickly identify the case status or any action that is needed
  • A more versatile way of tracking cases:
    • From Landing page without logging in
    • From Dashboard after logging in

Also, myE-Verify is planning the release of more features in the future including:

  • Downloading and printing case history reports
  • Uploading documents (aka myUploads) from the dashboard
  • A Contact Us tab accessible from the dashboard

This update impacts all myE-Verify users. If you have questions or feedback, please email myEVerify@uscis.dhs.gov.

E-Verify Discontinues Support for Internet Explorer 11

Beginning April 30, 2022, E-Verify will not support the Internet Explorer (IE) 11 web browser. This is due to Microsoft retiring and ending support for the IE 11 desktop application on June 15.

Users can access E-Verify using one of the supported web browsers noted below:

  • Apple Safari
  • Google Chrome
  • Microsoft Edge
  • Mozilla Firefox

This update impacts all E-Verify users.

TPS for South Sudan Redesignated and Extended for 18 Months; EADs Automatically Extended Through Nov. 1, 2022

 

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Temporary Protected Status (TPS) for South Sudan through Nov. 3, 2023.  Current beneficiaries who want to maintain their status must re-register March 3, 2022 through May 3, 2022. South Sudanese nationals and aliens having no nationality who last habitually resided in South Sudan may submit an initial registration application under the redesignation for TPS for South Sudan and apply for an EAD.

Given the time frames for processing TPS re-registration applications, USCIS has automatically extended the validity of certain Employment Authorization Documents (EADs) issued under the TPS designation for South Sudan through Nov. 1, 2022.

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. 1, 2022.  You must reverify these employees on Form I-9 before they start work on Nov. 2, 2022.

Find more details about this extension 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 Guidance for H-2B Workers Seeking to Change Employers

On Jan. 28, the Department of Homeland Security and the Department of Labor published a joint temporary final rule (87 FR 4722) in the Federal Register to increase the numerical limits on FY2022 H-2B nonimmigrant visas and temporarily provide portability flexibility for H-2B workers already in the U.S. to begin work immediately with a new employer after an H-2B petition (supported by a valid temporary labor certification (TLC)) is received by USCIS and before it is approved.

Under this temporary final rule, portability applies if:

The new employer's extension of stay H-2B petition is pending on Jan. 28: The new employer may employ the H-2B worker while the extension of stay petition is pending, for a period not to exceed 60 days, beginning on the employment start date on the petition or Jan. 28 whichever date is later.

Or

USCIS receives the H-2B petition during the period Jan. 28 – Jul. 27, 2022: The H-2B worker is authorized to begin employment with the new employer for a period not to exceed 60 days beginning on the Received Date on Form I-797 (Notice of Action) acknowledging receipt of the petition requesting an extension of stay or if the start date occurs after the I-797 Received Date, for a period up to 60 days beginning on the employment start date on the petition.

Note: The H-2B employee's unexpired Form I-94, Arrival/Departure Record, indicating his or her

H-2B status, along with the employee's foreign passport, qualify as a Form I-9 List A document.

To complete Section 2, the new employer should enter under List A:

  • The unexpired foreign passport information;
  • Unexpired Form I-94 information; and
  • In the Additional Information field, "60-Day Ext." and the date you submitted the extension of stay H-2B petition (Form I-129, Petition for a Nonimmigrant Worker) to USCIS.

If USCIS denies the new petition, or if you withdraw the new petition before the 60-day period expires, USCIS will automatically terminate the H-2B worker's employment authorization 15 calendar days after the denial decision or the date the new petition is withdrawn.

You must reverify the employee's employment authorization in Section 3 by the end of the 60-day period described above or once you receive a decision on the H-2B petition, whichever comes first. If your petition is denied or withdrawn, count 15 days from the date of the denial or withdrawal request for the date the employee's employment authorization expires.

Employers of H-2B workers continuing employment with the same employer should continue to follow current Form I-9 guidance provided in the Handbook for Employers - Section 6.7.

For more information see USCIS H-2B Temporary Non-Agricultural Workers page.

E-Verify Records Disposal

On April 1, 2022, USCIS will dispose of E-Verify records that are more than 10 years old, which are those dated on or before Dec. 31, 2011. E-Verify employers have until March 31, 2022, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases.

Employers are required to 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.

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