What's New

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:

Grab some popcorn and enjoy the video!  

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. 

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. 

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.

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.

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. 

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 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.

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.

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'. 

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.

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.

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Haiti for Temporary Protected Status (TPS) through Aug. 3, 2024. Current beneficiaries who want to maintain their status must re-register between Jan. 26, 2023 through March 27, 2023 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.

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.

Translations:

• Certain Afghan and Ukrainian Paroles Reminder Notification Ukrainian (PDF, 123.43 KB)
• Certain Afghan and Ukrainian Paroles Reminder Notification Russian (PDF, 153.32 KB)
• Certain Afghan and Ukrainian Paroles Reminder Notification Dari (PDF, 241.13 KB)
• Certain Afghan and Ukrainian Paroles Reminder Notification Pashto (PDF, 165.38 KB)

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.