2.1.3 Unexpired Document Required
Employees must present unexpired documents for Form I-9 verification (see exception below) and for the employer to create an E-Verify case. If information regarding an expired document is entered into E-Verify, it generates an error message and you will not be allowed to continue creating the case. The employee will need to present acceptable unexpired document(s) and the employer will need to correct Form I-9 before creating an E-Verify case.
EXCEPTIONS: Just because the employee presented an expired document does not mean he or she is not authorized to work. If the employee provides unexpired documentation that is used to create another case, it may still be possible for E-Verify to confirm their employment eligibility.
In limited situations, employers may accept a document that appears expired on its face for Form I-9 verification. Foreign nationals in certain eligibility categories who timely file a renewal application for an Employment Authorization Document (EAD) may receive an automatic extension of their EAD. The extension begins on the date the EAD expires and continues for up to the maximum automatic extension date (see Section 4.4 of the M-274 for guidance on calculating the applicable period) unless the application is denied. The employee’s EAD may be combined with the Form I-797C, Notice of Action, showing both that the renewal application was timely filed and the same qualifying eligibility category as that on the expired EAD, to demonstrate the extended validity of the EAD for the applicable automatic extension period. In the case of an EAD in category A12 or C19, Form I-797C can show either A12 or C19 and they do not have to match. This document combination is considered to be an unexpired EAD under List A. The receipt number on the Form I-797C should be entered as the document number when the case is created in E-Verify.
NOTE: Not all EADs can receive an auto-extension; only EADs issued under specific eligibility category codes qualify. See Section 4.4 Automatic Extensions of Employment Authorization Documents (EADs) in Certain Circumstances in the Handbook for Employers (M-274) or visit www.uscis.gov/I-9central for more information about which EAD category codes qualify for the auto-extension.
When a Temporary Protected Status (TPS) designation for a particular country is extended, DHS may automatically extend the expiration date of EADs issued to those TPS beneficiaries via a notice published in the Federal Register. In this situation, the published notice will state the date to which the EAD has been extended. Record the date the EAD has been automatically extended to as the expiration date. The employee may show you the Federal Register notice.
NOTE: The employee does not have to provide proof that they are a national of a country designated for TPS.
DHS also sometimes extends two-year Permanent Resident Cards (Form I-551) via Form I-797. The Permanent Resident Card with Form I-797 noting the extension can be presented as a List C document for Form I-9. Additionally, an expired Permanent Resident Card with a USCIS-issued sticker or I-797, Notice of Action, receipt notice of Form I-90, Application to Replace Permanent Resident Card extending its validity is a List A document.