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Completing Form I-9 for Remote Hires (3/19/14)

Employers may designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents or notary public.  The Department of Homeland Security does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes.  If an authorized representative fills out Form I-9 on behalf on the employer, the employer is still liable for any violations in connection with the form or the verification process.

When completing Form I-9, the employer or authorized representative must physically examine, with the employee being physically present, each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it.  Reviewing or examining documents via webcam is not permissible.

If the authorized representative refuses to complete Form I-9 (including providing a signature) another authorized representative may be selected.  If the employer hires a notary public, the notary public is acting as an authorized representative of the employer, not as a notary.  The notary public must perform the same required actions as an authorized representative.  When acting as an authorized representative, the notary public should not provide a notary seal on Form I-9.

ICE Extends Employment Authorization for Certain F-1 Students from Haiti (3/12/11)

ICE published a notice in the March 3, 2014 Federal Register extending the suspension of certain requirements for F-1 nonimmigrant Haitian students who are experiencing severe economic hardship as a direct result of the Jan. 12, 2010, earthquake in Haiti. Eligible F-1 students from Haiti may obtain employment authorization, work an increased number of hours during the school term and, if necessary, reduce their course load, while continuing to maintain their F-1 student status. The suspension of the regulatory requirements will remain in effect through Jan. 22, 2016.

For more information, visit ICE’s Student and Exchange Visitor Program website at www.ice.gov/sevis

USCIS Announces Extension of EAD Expiration Date for Haiti TPS Beneficiaries (3/11/14)

How do I determine if my employee’s expiring EAD has been automatically extended?

To determine if your employee’s expiring EAD has been automatically extended, you should:

  1. Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is shown, the employee is a TPS beneficiary.
  2. Look at the expiration date on the EAD. If the expiration date on the EAD is July 22, 2014, then the employee is a TPS beneficiary from Haiti and his or her EAD has been automatically extended for 6 months, through January 22, 2015. If a different category or expiration date is listed, then the usual reverification rules apply.

If you determine that the employee’s EAD has been automatically extended, the employee remains authorized to work and is not required to present a new document for reverification until the extension expiration date of January 22, 2015.

How does my new employee complete Form I-9 (i.e., Employment Eligibility Verification) using an automatically extended EAD?

When a new employee presents an EAD that has been automatically extended when completing Form I-9 , the employee should complete Section 1 by:

  1. Checking “An alien authorized to work;”
  2. Writing the automatic extension date of 01/22/2015, in the first space after “(expiration date, if applicable, mm/dd/yyyy);” and
  3. Writing his or her alien number (A-number) or USCIS number in the second space (the EAD or other document from DHS will have the employee’s A-number or USCIS number printed on it);

How do I, as an employer, complete Form I-9 (i.e., Employment Eligibility Verification) using an automatically extended EAD for a new hire?

When a new employee presents an EAD that has been automatically extended when completing Form I-9, the employer should complete Section 2 by:

  1. Entering the document title, “Employment Authorization Document” under List A;
  2. Entering the name of the issuing authority, “DHS;”
  3. Entering the document number (the A number or USCIS number); and
  4. Entering the automatically extended EAD expiration date of January 22, 2015.

By January 22, 2015, employers must reverify the employee’s employment authorization in Section 3 of Form I-9.

How do I correct my existing employee’s Form I-9 to show his EAD has been automatically extended?

If your existing employee’s EAD has been automatically extended to January 22, 2015, you and your employee will need to correct his or her previously completed Form I-9.

The employee should correct Section 1 by:

  1. Drawing a line through the expiration date in the first space;
  2. Writing January 22, 2015, above the previous date;
  3. Writing “EAD Ext.” in the margin of Section 1; and
  4. Initialing and dating the correction in the margin of Section 1.

For Section 2, if the employee previously presented an EAD with a July 22, 2014, expiration date that was recorded on Form I-9, you should:

  1. Draw a line through the EAD expiration date written in Section 2;
  2. Write January 22, 2015, above the previous date;
  3. Write “EAD Ext.” in the margin of Section 2; and
  4. Initial and date the correction in the margin of Section 2.

By January 22, 2015, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3.

As an employer enrolled in E-Verify, how do I create an E-Verify case for a new employee who has presented an automatically extended EAD?

If you hire a new employee who presents an automatically extended EAD when completing Form I-9, when you create the E-Verify case, enter the extended date of January 22, 2015 as the expiration date.

As an employer enrolled in E-Verify, what do I do when I receive a “Work Authorization Documents Expiring” alert for an employee with an automatically extended EAD?

You will receive a “Work Authorization Documents Expiring” case alert in E-Verify when an employee’s EAD is about to expire. Usually, this message is an alert to complete Section 3 of Form I-9 to reverify an employee’s employment authorization. For existing employees with EADs that have been automatically extended, employers should dismiss the E-Verify case alert by clicking the red “X” in the “dismiss alert” column and follow the instructions above explaining how to correct Form I-9. Do not use the E-Verify system to reverify an employee;  only reverify employees on Form I-9. 

For more general information about TPS and Form I-9, consult the Handbook for Employers: Guidance for Completing Form I-9 (M-274).

  

Last Reviewed/Updated: 03/12/2014