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USCIS Stakeholder Engagement for Workers and Advocates (8/7/14)

Join us on Thursday, August 7, 2014, from 1:30-3 p.m. EDT for an employee-focused stakeholder engagement to learn about the following USCIS programs and resources for workers:

  • E-Verify and Form I-9 employee rights, responsibilities and resources,
  • Deferred Action for Childhood Arrivals (DACA),
  • Unauthorized practice of immigration law, and
  • Multilingual materials and outreach.


There will also be an opportunity to ask questions. To register, see the USCIS Public Engagement Invitation. Please share this invitation with your colleagues.

AILA Verification and Documentation Liaison Committee meets with the USCIS Verification Division (7/17/2014)

Did you know USCIS Verification Division routinely meets with The American Immigration Lawyers Association (AILA) Verification and Documentation Liaison Committee and we post the meeting agenda to the USCIS Outreach website? View the most recent questions and responses.

E-Verify Employers Can Display the Participation and Right To Work Posters In Eight More Languages! (6/21/2014)

On June 23, 2014, eight additional foreign language versions of the E-Verify Participation and Right To Work posters were released.

Samples of the E-Verify Participation and Right To Work posters can be viewed on the E-Verify website. Learn more on the What’s New page of the E-Verify website.

E-Verify Wants to Hear From You! (6/13/2014)

Join the conversation on Monday, June 23, 2014 from 1:00-3:30 p.m. (Eastern) for an innovative virtual forum regarding the E-Verify and Form I-9 programs. Representatives from business that are non-users and users of E-Verify are encouraged to attend. At this event, attendees will:

  • Share E-Verify experiences and best practices
  • Learn the latest about E-Verify and Form I-9
  • Give feedback, ask questions and engage with colleagues
  • Dialogue with DHS and USCIS officials

Guest speakers include Acting Assistant Secretary Michael Stroud, Private Section Office, Department of Homeland Security, and Brian O’Laughlin, Esq., Senior Manager of Government Relations, Multinational Certification, American Payroll Association and other DHS and USCIS officials.

If you are in Atlanta, Georgia; Charlotte, North Carolina; Fairfax, Virginia or Washington, D.C., then we encourage you to attend in-person. If you cannot attend in person, you will be able to view via web streaming and listen via telephone. Register Now!

Please share this invitation with your members, colleagues and stakeholders. We look forward to listening to your feedback!

If you have any questions, please email us.

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).

Form I-9 Employee Information Sheet – Employees Because You Asked! (3/5/14)

The Form I-9 Employee Information Sheet, available in English and Spanish, is an easy reference for employee’s top Form I-9 questions. This helpful resource is in direct response to employees’ feedback.

Also, view the Form I-9 videos for employees and employers demonstrating how to properly complete Section 1, 2 and 3.

Visit I-9 Central or view the Handbook for Employers Guidance for Completing Form I-9 (M274) for more information.

E-Verify and Form I-9 Customer Support Enhancement (2/24/14)

On February 24, 2014 callers to the E-Verify Customer Support toll-free number will be greeted with a new Interactive Voice Response (IVR) system that will expedite access to E-Verify, Form I-9 and Self Check information. Callers will use their voice or touch tone phone to navigate to automated answers or a customer services representative.  The IVR system was designed to enhance customer service. 

E-Verify Customer Support offers FREE live assistance Monday through Friday from 8:00 am EST to 5:00 pm local time, except on federal holidays.  Employers call 888-464-4218 and employees call 888-897-7781. 

New: Form I-9 Video Vignettes! (2/10/14)

On February 10, 2014, USCIS released three Form I-9 video vignettes to demonstrate how to properly complete each section of the Form I-9.  View all three vignettes to gain knowledge about each data field, deadlines, reverification rules, and much more. Each vignette, in four minutes or less, walks the viewer through the key steps.

Mobile Access to E-Verify: Join the Listening Session (12/16/13)

On December 18, beginning at 2:00pm, you’re invited to discuss the future of E-Verify mobile access. Register for this listening session or visit www.E-VerifyListens.ideascale.com to share about your experience accessing E-Verify on a mobile device and how we might improve the experience.

Collecting Ideas for Mobile E-Verify solutions

In our effort to continuously improve the convenience of E-Verify case processing, we are seeking your feedback for future mobile E-Verify solutions.  We welcome your ideas and ask that you submit your suggestions on E-Verify Listens

Temporary Protected Status Designation Extended for Somalia

The Temporary Protected Status (TPS) designation for Somalia has been extended for an additional 18 months, from March 18, 2014 through September 17, 2015. There will be no automatic extension of EADs for TPS beneficiaries from Somalia.

Current Somalian TPS beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs from October 31, 2013, through December 30, 2013. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to register as soon as possible within the 60-day re-registration period. Please note that there is no e-filing offered: All Somalia TPS re-registrations must be submitted by mail.

Certain nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions, if they meet: (1) At least one of the late initial filing criteria and (2) all TPS eligibility criteria (including continuous residence in the United States since May 1, 2012, and continuous physical presence in the United States since September 18, 2012).

Please see www.uscis.gov for more information about TPS for Somalia.

E-Verify is Available

All E-Verify features and services are now available. Please see the information that addresses employer and employee questions about how the federal government’s shutdown affected E-Verify and Form I-9

Read E-Verify Connection – a Newsletter for All employers

The July issue of E-Verify Connection reports about E-Verify’s latest enhancements, includes updates for all employers on the automated Form I-94, and has a host of information for our Spanish speaking stakeholders.  All this and so much more can be found in this exciting two page edition of E-Verify Connection. Download your issue today!

USCIS Seeks Volunteers for Enhanced Form I-9 Study

U.S. Citizenship and Immigration Services (USCIS) has been developing a new version of the Form I-9, Employment Eligibility Verification, that contains enhancements designed to assist employers in complying with the law and reducing errors employers and employees commonly make when completing Form I-9.

Before we propose the enhanced form and invite public comment on the proposal as mandated under the Paperwork Reduction Act, USCIS is seeking nine employers from the public to volunteer to assist in a study to determine how much time it takes employers to complete an enhanced version of Form I-9 that USCIS is developing. 

The study will be administered at USCIS offices in Washington, D.C., on September 3, 2013; September 5, 2013; or September 6, 2013 between the hours of 8 a.m. and 5 p.m.  Administration of the study will be no more than 1.5 hours. USCIS will not provide any compensation to reimburse participants for any expenses, including time or travel.

All interested employers, large and small, are invited to submit a request to volunteer to participate in the study. USCIS will randomly select four large employers and five small employers from all submissions received by the deadline of August 15, 2013. Multiple submissions by the same employer will not be included in the random selection process.

USCIS will contact the Point of Contact provided on the volunteer request submission of selected employers by August 23, 2013 to schedule an appointment to participate in the study. The Point of Contact provided by the employer must be an individual who will represent the employer at the study. At the study, the individual will be requested to play the role of an employer completing Section 2 and/or Section 3 of the Form I-9.

Employers interested in participating in the study may submit a request to volunteer by e-mailing the following information to I-9Central@dhs.gov by August 15, 2013 with “Enhanced Form I-9 Study” in the subject line:

Name of Company:

Address of Company:

Is your company/entity considered “small” under SBA guidelines?    (Yes)    (No)

Point of Contact:

Telephone Number of Point of Contact:

E-mail Address of Point of Contact:

Availability:                                   (September 3)                       (September 5)                 (September 6)
Ideal Time Availability:                 (Morning)                                (Afternoon)

E-Verify E-Mail Notifications to Employees

E-Verify announced a new customer service enhancement that will send e-mail notifications to employees when there is an information mismatch. This latest enhancement to E-Verify is made possible by a recent revision to Employment Eligibility Verification Form I-9. The revised Form I-9 allows employees to voluntarily provide their e-mail address.  If a Tentative Nonconfirmation (TNC) is received, employees who have provided their e-mail address will be directly notified of the TNC.

Employers will notice a new data field in E-Verify asking for the employee’s e-mail address.  When the employee provides an e-mail address on Form I-9, employers are required to enter it into E-Verify. The new e-mail notification process does not replace the current TNC process.  Employers are still required to notify employees of TNCs and their right to contest.

For more information click here.

Second Stakeholder Conference on Revised Form I-9

On May 7, 2013, U.S. Citizenship and Immigration Services (USCIS) invited interested individuals to participate in a second stakeholder teleconference. Subject matter experts (SME) spoke on revisions to Form I-9 Employment Eligibility Verification, and the form’s instructions. In addition to discussing revisions to the form, SME’s also answered questions from stakeholders about the form. Please refer to the Questions and Answers and the Executive Summary from the stakeholder teleconference for more information.

I-94 Automation Update

Employers and employees should be aware that their responsibilities for completing Form I-9 have not changed due to Form I-94 automation.

 For Employers:

On your employee's first day of work for pay, they must complete Section 1 of Form I-9.  If your employee selects that they are an “Alien Authorized to Work” they must either provide their Alien Registration Number (A-Number)/USCIS Number or their Form I-94 Admission Number.

If your employee cannot complete Form I-9, which includes providing all required information, they may not work for pay.  Employers continuing to employee an individual who did not complete Form I-9 may be subject to fines and penalties.             

For Participating E-Verify Employers:

You cannot create an E-Verify case until the Form I-9 is complete. If your employee cannot complete the Form I-9, you may not create a case.

For Employees:

If CBP issued you an electronic Form I-94 upon your admission to the United States at an airport or seaport, you should be able to access your Form I-94 information from the CBP website at http://cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/.   If you are unable to access your Form I-94 information from the CBP website, you should call or go to a CBP deferred inspection to correct the problem.  For more information about Deferred Inspection Sites, click here.  In the alternative, you may file Form I-102 with USCIS and request your Form I-94; however, there is a filing fee and this process may take weeks.

Certain Syrian F-1 Students May be Eligible for Work Authorization

Immigration and Customs Enforcement (ICE) published a notice in the Federal Register on June 17, 2013, continuing the suspension of certain regulatory requirements to allow eligible Syrian F-1 nonimmigrant students experiencing severe economic hardship as a result of civil unrest to 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 nonimmigrant status. For more information on this suspension, please see the ICE fact sheet. The suspension of requirements granted by the notice ends on March 31, 2015. 

Temporary Protected Status Designation Extended for Syrians

Secretary of Homeland Security Janet Napolitano has extended the Temporary Protected Status (TPS)designation for Syria from Oct. 1, 2013 through March 31, 2015, allowing eligible nationals of Syria to register or re-register for TPS in accordance with the Federal Register notice.

Eligible Syrian nationals (or persons without nationality who last habitually resided in Syria) in the United States may register for TPS during the 180-day initial registration period that runs from June 17, 2013 through Dec. 16, 2013. Once approved for TPS, they may receive an Employment Authorization Document (EAD). In some instances, they may already be authorized to work under some other status.

Syrian employees who already have TPS status may re-register for TPS. Application packages must be completed during the 60-day re-registration period that runs from June 17, 2013, through Aug. 16, 2013. Syrian employees who re-register for TPS by the deadline should receive a new Employment Authorization Document (EAD) before their previous TPS-related EAD expires.

Additional information on TPS for Syria, including guidance on the application process, eligibility and where to file, is available online at www.uscis.gov/tps. Further details on this extension and re-designation of Syria for TPS, including the application requirements and procedures, may be found in the Federal Register notice. 

Temporary Protected Status Extended for Salvadorans

The Temporary Protected Status (TPS) designation for El Salvador has been extended for an additional 18 months, from September 10, 2013 through March 9, 2015.

Current Salvadoran TPS beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs from May 30, 2013, through July 29, 2013. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to register as soon as possible within the 60-day re-registration period.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Salvadoran TPS beneficiaries who re-register on time will receive a new EAD with an expiration date of March 9, 2015. USCIS recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending the current TPS El Salvador EAD bearing a September 9, 2013, expiration date for an additional six months, through March 9, 2014.

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

To determine if an expiring EAD has been automatically extended, do the following:

  1. Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is listed, the employee is a TPS beneficiary. Next, look at the expiration date of the EAD. If the expiration date on the EAD is September 9, 2013, then the employee is a TPS beneficiary from El Salvador and his or her employment authorization has been automatically extended. If a different category or expiration date is listed, then the employee is not a TPS beneficiary from El Salvador, and the usual reverification rules apply.
  2. Employees from El Salvador with TPS have had their EADs automatically extended until March 9, 2014. Until then, the employees remain authorized to work and are not required to present a new card.

How do my employer and I complete Form I-9 (i.e., verification) using an automatically extended EAD for a new job?

When using an automatically extended EAD to fill out Form I-9 for a new job prior to March 9, 2014, you and your employer should do the following:

(1)  For Section 1, you should:

  1. Check “An alien authorized to work;”
  2. Write your alien number (A-number) in the first space (your EAD or other document from DHS will have your A-number printed on it); and
  3. Write the automatic extension date in the second space.

(2)  For Section 2, employers should:

  1. Record the document title;
  2. Record the document number; and
  3. Record the automatically extended EAD expiration date.

 Not later than March 9, 2014, employers must reverify the employee’s employment authorization in Section 3 of Form I-9.

What corrections should my employer and I at my current job make to Form I-9 if my EAD has been automatically extended?

If you are an existing employee who presented an EAD that was valid when you first started your job, but that EAD has now been automatically extended, you and your employer should correct your previously completed Form I-9 as follows:

(1)  For Section 1, you should:

  1. Draw a line through the expiration date in the second space;
  2. Write March 9, 2014, above the previous date;
  3. Write “EAD Ext.” in the margin of Section 1; and
  4. Initial and date the correction in the margin of Section 1.

(2) For Section 2, employers should:

  1. Draw a line through the expiration date written in Section 2;
  2. Write March 9, 2014, 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.

 Not later than March 9, 2014, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3.

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

If you are an employer who participates in E-Verify, you will receive a “Work Authorization Documents Expiring” case alert 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 and follow the instructions above explaining how to correct Form I-9. Not later than March 9, 2014, employment authorization needs to be reverified in Section 3. You should never use E-Verify for reverification. 

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

Revised Form I-9 Stakeholder Conference

On March 11, 2013, U.S. Citizenship and Immigration Services (USCIS) invited interested individuals to participate in a stakeholder teleconference.  Subject matter experts (SME) spoke on revisions to Form I-9 Employment Eligibility Verification, and the form’s instructions. In addition to discussing revisions to the form, SME’s also answered questions from stakeholders about the form.  Please refer to the Questions and Answers from the stakeholder teleconference for more information.

E-Verify Connection - Read the Latest!

The May issue of the E-Verify Connection is now available. Read the latest about the revised Form I-9 (Employment Eligibility Verification Form), find out about accessing E-Verify from your mobile device, and much more. Read Issue 13 of E-Verify Connection.

I-94 Automation

On April 30, 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94, Arrival/Departure Record, process at air and sea ports and will expand the automated process nationwide to all air and sea ports of entry by the end of May.  CBP officers will no longer provide a paper Form I-94 to travelers but will provide travelers with instructions on how to obtain their Form I-94, if needed.  CBP will continue to provide the paper Forms I-94 to certain classes of aliens arriving to the United States by air or sea, such as refugees, certain asylees and parolees, and whenever CBP determines the issuance of the paper Form I-94 is appropriate.  Additionally, U.S. Citizenship and Immigration Services (USCIS) will continue to issue the paper Form I-94 to aliens who are already in the United States.

How will this affect Employees?

Employees will need to print out a hard copy of their Form I-94 from the CBP websiteat www.cbp.gov/I94if they wish to present it for Section 2 of Form I-9. 

Employees who provide an Alien Registration Number or USCIS Number in Section 1 do not need to provide their Form I-94 admission number or foreign passport information in Section 1.

On the current version of Form I-9 (03/08/13)Nemployees who provide their Form I-94 Admission number in Section 1 of Form I-9, will either:

  • Record information about their foreign passport they used to enter the United States if they obtained their I-94 Admission number from CBP (whether directly or from the CBP website) in connection with their arrival in the United States. Below is an example of the new Electronic I-94 Admission Number; OR
  • Write “N/A” in the foreign passport fields if they obtained their I-94 Admission number from USCIS within the United States or they entered without a Foreign Passport.

How will this affect Employers?

Employers may see new Forms I-94 (see example below) presented to them after automation that look different than paper Form I-94. The Form I-94 printout from the CBP website is an official Form I-94.

I-94 Image

Employers will see two versions of Forms I-94, both of which are acceptable for Form I-9 purposes:

  • One type is the familiar card that contains an official stamp and possible handwritten information.
  • The other type is a newly designed computer-generated printout, and does not contain stamps or handwritten information.  

Employers may be presented with a Form I-94 that has a line through the pre-printed admission number and a different number written below.  CBP will issue Forms I-94 with these markings to an alien who does not possess a passport upon entry. This includes certain classes of aliens such as refugees, asylees, and parolees.  In these cases:

  • The pre-printed number on the paper Form I-94 will not be valid and CBP will cross out that number in black ink, and hand write the valid admission number on the form. 
  • Employers should record the handwritten admission number in Section 2 of Form I-9 if an employee chooses to present Form I-94. 

Form I-9 Blog Available

The new Form I-9 Blog informs employers about the changes made to the revised Form I-9 (revision 03/08/13). It contains several great tips that employers should know about when using the form.  There are several resources where employers can go to obtain more information about the Form I-9 such as viewing the  updated Handbook for Employers, Guidance for Completing Form I-9 (M-274) on I-9 Central.  Employers can also participate in the Form I-9 Stakeholder Teleconference on May 7th where USCIS subject matter experts will discuss and answer questions about the revised form or they can take a FREE Form I-9 webinar. Visit our Blog section today!

Form I-9 Correction Notice Published

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register announcing the recently revised Employment Eligibility Verification, Form I-9. USCIS announced in the DATES section of the notice that employers can no longer use prior versions of Form I-9 effective May 7, 2013. USCIS incorrectly described the effective date as being after May 7, 2013.

On April 9, 2013, USCIS published a correction notice in the Federal Register. This notice corrects the error and clarifies that employers may no longer use prior versions of the Form I-9 effective May 7, 2013.

Employees from Honduras or Nicaragua with Expiring EADs
May Still Be Authorized to Work

Employees from Honduras or Nicaragua who have Temporary Protected Status (TPS) have had their employment authorizations automatically extended until January 5, 2014, even if the employees have not yet obtained a new Employment Authorization Document (EAD). 

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

To determine if an expiring EAD has been automatically extended, do the following:

  1. Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is listed, the employee is a TPS beneficiary. Next, look at the expiration date of the EAD. If the expiration date on the EAD is July 5, 2013, then the employee is a TPS beneficiary from Honduras or Nicaragua and his or her employment authorization has been automatically extended. If a different category or expiration date is listed, then the employee is not a TPS beneficiary from Honduras or Nicaragua, and the usual reverification rules apply.
  2. Employees from Honduras or Nicaragua with TPS have had their EADs automatically extended until January 5, 2014. Until then, the employees remain authorized to work and are not required to present a new card.

How does my employer and I complete Form I-9 (i.e., verification) using an automatically extended EAD for a new job?

When using an automatically extended EAD to fill out Form I-9 for a new job prior to July 5, 2013, you and your employer should do the following:

For Section 1, you should:

  1. Check the box next to “An alien authorized to work.”
  2. Enter the automatic extension date of January 5, 2014 in the expiration date space. 
  3. Enter your alien number (A-number) in the Alien Registration Number/USCIS Number field (Your A-number/USCIS number will be printed on your EAD or other document from DHS).

For Section 2, employers should:

  1. Enter the document title;
  2. Enter the issuing authority;
  3. Enter the document number; and
  4. Enter the automatically extended EAD expiration date of January 5, 2014.

After January 5, 2014, employers must reverify the employee’s employment authorization in Section 3 of Form I-9.

What corrections should my employer and I at my current job make to Form I-9 if my EAD has been automatically extended?

If you are an existing employee who presented an EAD that was valid when you first started your job, but that EAD has now been automatically extended, you and your employer should correct your previously completed Form I-9 as follows:

 For Section 1, you should:

  1. Draw a line through the expiration date in the second space;
  2. Write January 5, 2014, above the previous date;
  3. Write “EAD Ext.” in the margin of Section 1; and
  4. Initial and date the correction in the margin of Section 1.

For Section 2, employers should:

  1. Draw a line through the expiration date written in Section 2;
  2. Write January 5, 2014, 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.

After January 5, 2014, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3.

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

If you are an employer who participates in E-Verify, you will receive a “Work Authorization Documents Expiring” case alert 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 and follow the instructions above explaining how to correct Form I-9. After January 5, 2014, employment authorization needs to be reverified in Section 3. You should never use E-Verify for reverification. 

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

Employees from Liberia with Expiring EADs
May Still Be Authorized to Work

Employees from Liberia who have been granted Deferred Enforced Departure (DED) have had their employment authorizations automatically extended until September 30, 2013, even if the employees have not yet obtained a new Employment Authorization Document (EAD).

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

To determine if an expiring EAD has been automatically extended, do the following:

  1. Look at the “Category” section on the expiring (or expired) EAD. If A11 is listed, the employee has been granted DED. Next, look at the expiration date of the EAD. If the expiration date on the EAD is March 31, 2013, then the employee is a DED grantee from Liberia and his or her employment authorization has been automatically extended. If a different category or expiration date is listed, then the employee is not a DED grantee from Liberia, and the usual reverification rules apply
  2. Employees from Liberia who have been granted DED have had their EADs automatically extended until September 30, 2013. Until then, the employees remain authorized to work and are not required to present a new card.

How do my employer and I complete Form I-9 (i.e., verification) using an automatically extended EAD for a new job?

When using an automatically extended EAD to fill out Form I-9 for a new job prior to March 31, 2013, you and your employer should do the following:

(1) For Section 1, you should:

  1. Check the box next to “An alien authorized to work.”
  2. Enter the automatic extension date of September 30, 2013 in the expiration date space. 
  3. Enter your alien number (A-number) in the Alien Registration Number/USCIS Number field (Your A-number/USCIS number will be printed on your EAD or other document from DHS).

 (2) For Section 2, employers should:

  1. Enter the document title;
  2. Enter the issuing authority
  3. Enter the document number; and
  4. Enter the automatically extended EAD expiration date of September 30, 2013.

After Sept. 30, 2013, employers will need to reverify the employee’s employment authorization in Section 3 of Form I-9. 

What corrections should my employer and I at my current job make to Form I-9 if my EAD has been automatically extended?

If you are an existing employee who presented an EAD that was valid when you first started your job, but that EAD has now been automatically extended, you and your employer should correct your previously completed Form I-9 as follows:

(1) For Section 1, you should:

  1. Draw a line through the expiration date in the expiration date space;
  2. Write Sept. 30, 2013, above the previous date;
  3. Write “DED Ext.” in the margin of Section 1; and
  4. Initial and date the correction in the margin of Section 1.

(2) For Section 2, employers should:

  1. Draw a line through the expiration date written in Section 2;
  2. Write Sept. 30, 2013, above the previous date;
  3. Write “DED Ext.” in the margin of Section 2; and
  4. Initial and date the correction in the margin of Section 2.

After Sept. 30, 2013, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3 of Form I-9. 

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

If you are an employer who participates in E-Verify, you will receive a “Work Authorization Documents Expiring” case alert 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 and follow the instructions above explaining how to correct Form I-9. After Sept. 30, 2013, employment authorization needs to be reverified in Section 3. You should never use E-Verify for reverification. 

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

New Form I-9 Released

On March 8, 2013, USCIS released a new Employment Eligibility Verification Form I-9.  Employers should begin using the new Form I-9 with revision date 03/08/13 immediately for all new hires.  The revision date is on the lower left of the new form (Rev. 03/08/13)N.  Employers may continue to use previously valid Forms I-9 (Rev. 08/07/09Y and 02/02/09N) for 60 calendar days.  Beginning May 7, 2013, employers must only use the new Form I-9 (Rev. 03/08/13)N.  In the cases of reverification or rehires the new version of the Form I-9 (Rev. 03/08/13)N must be used. For more information, please refer to the Federal Register notice. You may obtain the new Form I-9 (Rev.03/08/13)N by visiting I-9 Central or the USCIS website.

Here are some of the changes to the I-9:

  • Form I-9 is now two pages
  • Expanded instructions
  • New fields for e-mail address, phone number and foreign passport in Section 1.

Employers are required to complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States. 

We want to hear from you! E-Verify is now collecting comments on the updated Memorandum of Understanding (MOU)

E-Verify has made changes to the MOU to clarify and update user responsibilities.  If you are interested in providing feedback, visit the Federal Register where you can view a draft of the proposed MOU.  Select the E-Verify access method that applies to you, read the MOU, then follow the instructions to submit comments.  We would like to hear your suggestions on how improve the MOU.

If you provide feedback, indicate your user role in E-Verify, for example, an E-Verify Employer Agent or a Web Services Employer.  Also, if you have a suggestion about the wording or language used, please give us the specific sentence, Article (e.g. II), section (e.g. A), and paragraph number (e.g. 3).  For example:

“Dear E-Verify, I am using the Employer access method.  When I read the Employer MOU I noticed in Article II.A.3 that I must shut off an employee’s E-Verify access when they leave my company.”

All comments will be considered and could be used to revise the MOU.  E-Verify will summarize the comments received and respond to them when a request for approval of the new MOUs is submitted to the Office of Management and Budget.    

USCIS Announces Extension of EAD Expiration Date for Haiti TPS Beneficiaries

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 January 22, 2013, then the employee is a TPS beneficiary from Haiti and his or her EAD has been automatically extended. If a different category or expiration date is listed, then the employee is not a TPS beneficiary from Haiti, and 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 July 22, 2013.

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 his or her alien number (A-number) or USCIS number in the first space (the EAD or other document from DHS will have the employee’s A-number or USCIS number printed on it); and
  3. Writing the automatic extension date of July 22, 2013, in the second space.

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;”
  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 July 22, 2013.

After July 22, 2013, 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 July 22, 2013, 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 second space;
  2. Writing July 22, 2013, 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 January 22, 2013, 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 July 22, 2013, 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.

 After July 22, 2013, 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 as the expiration date, which is July 22, 2013.

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. After July 22, 2013, you must reverify the employee’s employment authorization in Section 3 of Form I-9. You should never use the E-Verify system to reverify an employee, but should only reverify employees on Form I-9. 

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

ICE Extends Employment Authorization for Certain F-1 Students from Haiti

ICE published a notice in the Federal Register extending the effective date of an earlier notice that suspended certain requirements governing employment eligibility of F-1 students from Haiti who are experiencing severe economic hardship as a result of the January 12, 2010 earthquake in Haiti. Eligible F-1 students 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. For more information, visit ICE’s Student and Exchange Visitor Program website at www.ice.gov/sevis

Showing Work Authorization with Form I-94

The Form I-94, Arrival-Departure Record, is a document that can show that you are allowed to work in the United States. Currently, U.S. Customs and Border Protection (CBP) may take up to 45 days after you arrive in the United States to put your Form I-94 information into its system. E-Verify uses this system to help confirm you are authorized to work. If your employer uses E-Verify, you may choose to present your unexpired foreign passport along with your unexpired Form I-94 when you and your employer complete the Form I-9, Employment Eligibility Verification, during the 45-day period.  Doing this may help avoid a delay in completing your E-Verify processing. For more information, please see the CBP website or call CBP at (877) CBP-5511 or TTD: (866) 880-6582. 

Continue to Use the Current Form I-9 for Employment Eligibility Verification

Until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

Subscribe to I-9 Central to receive Form I-9 updates.

Handbook for Employers (M-274) Now in Spanish

USCIS has published a Spanish version of the helpful M-274 Handbook for Employers. Previously this handbook was only available in English. Now in an effort to better serve our customers, USCIS has added the Handbook for Employers in Spanish to its list of foreign language resources. 

Just like the English Version, the Spanish M-274 Handbook for Employers  gives guidance to employers on how to properly complete the Form I-9, (Employment Eligibility Verification Form), and includes a questions and answers section.  

Somali Employees May be Eligible to Register for TPS and Obtain New Employment Authorization 

The Department of Homeland Security (DHS) has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Register notice.

USCIS encourages employers to ensure that Somali employees with TPS status know that they can re-register for TPS. Application packages must be completed during the 60-day re-registration period that runs from May 1, 2012, through July 2, 2012. Somali employees who re-register for TPS by the deadline will receive a new Employment Authorization Document in time for re-verification.

Somali employees (or persons without nationality who last habitually resided in Somalia) in the United States may register for TPS under the re-designation during the six-month period that runs from May 1, 2012 through Oct. 29, 2012. These individuals will be authorized to work in the United States once their TPS registration is accepted and they receive an EAD, or they may already be authorized to work under some other status.

Additional information on TPS for Somalia, including guidance on the application process, eligibility, and where to file, is available online at www.uscis.gov/tps. Further details on this extension and re-designation of Somalia for TPS, including the application requirements and procedures, may be found in the Federal Register notice.

Changes to Form I-797C, Notice of Action

On April 2, 2012, USCIS began issuing a new version of Form I-797C, Notice of Action, on plain bond paper rather than on secure paper. USCIS issues Form I-797C to acknowledge that USCIS has received an application, petition, or other document filed at a USCIS Service Center. If you have filed an application to replace a lost, stolen, or damaged document issued by DHS found on list A or C (e.g., Permanent Resident Card (Form I-551); Employment Authorization Document (Form I-766)), USCIS will issue Form I-797C after accepting the filing. The new version of Form I-797C prominently displays the statement “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” Notwithstanding this statement, a Form I-797C receipt notice for the application to replace a lost, stolen, or damaged document continues to be an acceptable receipt for Form I-9 purposes for 90 days. For more information about the new Form I-797C, please click here

Eligible Syrian F-1 Students May Reduce School Hours, Increase Work Hours

ICE published a notice in the Federal Register on April 3 suspending certain regulatory requirements to allow eligible Syrian F-1 students to 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. For more information, please see the ICE fact sheet

USCIS Seeking Public Comment on Revisions to Form I-9

U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register on March 27, 2012, inviting public comment on several revisions to Form I-9, Employment Eligibility Verification.  The revisions to Form I-9 include:

  • Changes to Section 1
  • Expanded instructions
  • Revised layout

The public is invited to comment until October 14, 2012, on the revisions under consideration.  For more information, see the USCIS Update. USCIS will post information regarding any new version of Form I-9 on I-9 Central.  Until a new version is approved and posted, employers must continue to use the current version of the form.  

CNMI Webinars

U.S. Citizenship and Immigration Services (USCIS) will conduct three webinars in March to inform employers and workers residing in the Commonwealth of the Northern Mariana Islands (CNMI) about Form I-9, Employment Eligibility Verification. There will also be a question and answer period, and a brief review of E-Verify. CNMI employers may now enroll in E-Verify.

 Every employer and agricultural recruiter/referrer-for-a-fee must complete a Form I-9 for each individual hired for employment in the United States, as required by federal law.  All new employees are required to present proof of employment eligibility and identity to employers during the Form I-9 process.  Employers and workers should visit the I-9 Central Web section at www.uscis.gov/I-9Central for more information on Form I-9.

As of November 28, 2011, employers in the CNMI must use the standard Form I-9, Employment Eligibility Verification when hiring individuals for employment in the CNMI and for reverification.  Employers can no longer use the Form I-9 CNMI, which was temporarily used in the CNMI. 

Please follow the link to check out the upcoming webinar dates.

E-Verify Now Available in the CNMI

Employers in the Commonwealth of the Northern Mariana Islands (CNMI) may now enroll in E-Verify.  E-Verify is a fast, free and easy to use Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records and confirms employment eligibility.  E-Verify can verify the employment eligibility of all newly hired employees, including employees with CNMI-Only Transitional Worker (CW-1) or E-2 CNMI Investor (E-2C) nonimmigrant statuses.  Enrolling in E-Verify is easy. The E-Verify website has a variety of resources to help you prepare. Visit the Getting Started page of the E-Verify website to explore enrollment resources.

Employees from El Salvador with Expiring EADs May Still Be Authorized to Work (posted January 20)

Employees from El Salvador who have Temporary Protected Status (TPS) have had their employment authorizations automatically extended until September 9, 2012, even if the employees have not yet obtained a new Employment Authorization Document (EAD). 

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

                To determine if an expiring EAD has been automatically extended, do the following:

  1. Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is listed, the employee is a TPS beneficiary.  Next, look at the expiration date of the EAD.  If the expiration date on the EAD is March 9, 2012, then the employee is a TPS beneficiary from El Salvador and his or her employment authorization has been automatically extended.  If a different category or expiration date is listed, then the employee is not a TPS beneficiary from El Salvador, and the usual reverification rules apply.

  2. Employees from El Salvador with TPS have had their EADs automatically extended until September 9, 2012.  Until then, the employees remain authorized to work and arenot required to present a new card.

How does my employer and I complete Form I-9 (i.e., verification) using an automatically extended EAD for a new job?

                When using an automatically extended EAD to fill out Form I-9 for a new job prior to September 9, 2012, you and your employer should do the following:

  1. For Section 1, you should:
    1. Check “An alien authorized to work;”
    2. Write your alien number (A-number) in the first space (your EAD or other document from DHS will have your A-number printed on it); and
    3. Write the automatic extension date in the second space
  2. For Section 2, employers should:
    1. Record the document title;
    2. Record the document number; and
    3. Record the automatically extended EAD expiration date.

After September 9, 2012, employers must reverify the employee’s employment authorization in Section 3 of Form I-9.

What corrections should my employer and I at my current job make to Form I-9 if my EAD has been automatically extended?

If you are an existing employee who presented an EAD that was valid when you first started your job, but that EAD has now been automatically extended, you and your employer should correct your previously completed Form I-9 as follows:

  1. For Section 1, you should:
    1. Draw a line through the expiration date in the second space;
    2. Write September 9, 2012, above the previous date;
    3. Write “EAD Ext.” in the margin of Section 1; and
    4. Initial and date the correction in the margin of Section 1
  2. For Section 2, employers should:
    1. Draw a line through the expiration date written in Section 2;
    2. Write September 9, 2012, 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.

After September 9, 2012, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3.

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

If you are an employer who participates in E-Verify, you will receive a “Work Authorization Documents Expiring” case alert 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 and follow the instructions above explaining how to correct Form I-9.  After September 9, 2012, employment authorization needs to be reverified in Section 3.  You should never use E-Verify for reverification. 

For more general information about completing or updating Form I-9, consult the Handbook for Employers:  Instructions for Completing Form I-9 (M-274).

For more information about this extension of TPS, consult the Federal Register Notice.

New Form I-9 guidance available for employers who hire individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau (posted November 29)

Please visit the new Federated States of Micronesia, Republic of the Marshall Islands, and Palau page on I-9 Central for information for employers who hire individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau.

Employers Hiring Individuals in the Commonwealth of the Northern Mariana Islands Must Begin Using Standard Form I-9 on Nov. 28, 2011 (posted November 23)

Employers hiring individuals for employment in the Commonwealth of the Northern Mariana Islands (CNMI) may only use Form I-9 CNMI until Nov. 27, 2011.  Beginning on November 28, 2011, employers in the CNMI must use the standard Form I-9 for all new hires and reverifications in the CNMI.

Employees from Honduras or Nicaragua with Expiring EADs May Still Be Authorized to Work (posted November 14)

Employees from Honduras or Nicaraguawho have Temporary Protected Status(TPS) have had their employment authorizations automatically extended until July 5, 2012, even if the employees have not yet obtained a new Employment Authorization Document (EAD). 

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

                To determine if an expiring EAD has been automatically extended, do the following:

  1. Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is listed, the employee is a TPS beneficiary.  Next, look at the expiration date of the EAD.  If the expiration date on the EAD is January 5, 2012, then the employee is a TPS beneficiary from Honduras or Nicaragua and his or her employment authorization has been automatically extended.  If a different category or expiration date is listed, then the employee is not a TPS beneficiary from Honduras or Nicaragua, and the usual reverification rules apply.
  2. Employees from Honduras or Nicaragua with TPS have had their EADs automatically extended until July 5, 2012.  Until then, the employees remain authorized to work and arenot required to present a new card.

How does my employer and I complete Form I-9 (i.e., verification) using an automatically extended EAD for a new job?

                When using an automatically extended EAD to fill out Form I-9 for a new job prior to July 5, 2012, you and your employer should do the following:

For Section 1, you should:

    1. Check “An alien authorized to work;”
    2. Write your alien number (A-number) in the first space (your EAD or other document from DHS will have your A-number printed on it); and
    3. Write the automatic extension date in the second space 

For Section 2, employers should:

    1. Record the document title;
    2. Record the document number; and
    3. Record the automatically extended EAD expiration date.

After July 5, 2012, employers must reverify the employee’s employment authorization in Section 3 of Form I-9.

What corrections should my employer and I at my current job make to Form I-9 if my EAD has been automatically extended?

If you are an existing employee who presented an EAD that was valid when you first started your job, but that EAD has now been automatically extended, you and your employer should correct your previously completed Form I-9 as follows:

 For Section 1, you should:

  1. Draw a line through the expiration date in the second space;
  2. Write July 5, 2012, above the previous date;
  3. Write “EAD Ext.” in the margin of Section 1; and
  4. Initial and date the correction in the margin of Section 1.

For Section 2, employers should:

  1. Draw a line through the expiration date written in Section 2;
  2. Write July 5, 2012, 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.

After July 5, 2012, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3.

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

If you are an employer who participates in E-Verify, you will receive a “Work Authorization Documents Expiring” case alert 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 and follow the instructions above explaining how to correct Form I-9.  After July 5, 2012, employment authorization needs to be reverified in Section 3.  You should never use E-Verify for reverification. 

For more general information about completing or updating Form I-9, consult the Handbook for Employers:  Instructions for Completing Form I-9 (M-274).

For more information about these extensions of TPS, consult the Federal Register Notices applying to Honduras or Nicaragua

Employees from Sudan or South Sudan with Expiring EADs May Still Be Authorized to Work (posted October 28)

Employees from Sudan or South Sudan who have Temporary Protected Status (TPS) have had their employment authorizations automatically extended until May 2, 2012, even if the employees have not yet obtained a new Employment Authorization Document (EAD).

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

                To determine if an expiring EAD has been automatically extended, do the following:

  1. Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is listed, the employee is a TPS beneficiary.  Next, look at the expiration date of the EAD.  If the expiration date on the EAD is November 2, 2011, then the employee is a TPS beneficiary from Sudan or South Sudan and his or her employment authorization has been automatically extended.  If a different category or expiration date is listed, then the employee is not a TPS beneficiary from Sudan or South Sudan, and the usual reverification rules apply.

 

  1. Employees from Sudan or South Sudan with TPS have had their EADs automatically extended until May 2, 2012.  Until then, the employees remain authorized to work and are not required to present a new card.

How do my employer and I complete Form I-9 (i.e., verification) using an automatically extended EAD for a new job?

                When using an automatically extended EAD to fill out Form I-9 for a new job prior to May 2, 2012, you and your employer should do the following:

(1)  For Section 1, you should:

 

  1. Check “An alien authorized to work;”

  2. Write your alien number (A-number) in the first space (your EAD or other document from DHS will have your A-number printed on it); and

  3. Write the automatic extension date in the second space.

 

(2)  For Section 2, employers should:

 

  1. Record the document title;

  2. Record the document number; and

  3. Record the automatically extended EAD expiration date.

 After May 2, 2012, employers must reverify the employee’s employment authorization in Section 3 of Form I-9.

What corrections should my employer and I at my current job make to Form I-9 if my EAD has been automatically extended?

If you are an existing employee who presented an EAD that was valid when you first started your job, but that EAD has now been automatically extended, you and your employer should correct your previously completed Form I-9 as follows:

(1)  For Section 1, you should:

 

  1. Draw a line through the expiration date in the second space;

  2. Write May 2, 2012, above the previous date;

  3. Write “EAD Ext.” in the margin of Section 1; and

  4. Initial and date the correction in the margin of Section 1.

 

(2) For Section 2, employers should:

 

  1. Draw a line through the expiration date written in Section 2;

  2. Write May 2, 2012, 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.

 After May 2, 2012, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3.

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

If you are an employer who participates in E-Verify, you will receive a “Work Authorization Documents Expiring” case alert 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 and follow the instructions above explaining how to correct Form I-9.  After May 2, 2012, employment authorization needs to be reverified in Section 3.  You should never use E-Verify for reverification. 

For more general information about completing or updating Form I-9, consult the Handbook for Employers:  Instructions for Completing Form I-9 (M-274).

USCIS Redesigns Employment Authorization Document and Certificate of Citizenship to Enhance Security and Combat Fraud (posted October 27)

U.S. Citizenship and Immigration Services (USCIS) has redesigned the Employment Authorization Document (Form I-766) to ensure a more secure document. The new security features include:

  • Greater detail in the photograph which makes it easier to identify the cardholder.
  • Ultra-violet technology and tactile clues allowing accurate card authentication.
  • Return address on the back of the card that acts as a security feature and a way to easily return a lost card to USCIS.

 Employers should note that the employee’s alien registration number, commonly known as the A#, is found under the USCIS # heading on the front of the card.

 See the Handbook for Employers for examples of earlier versions of the Employment Authorization Document that are still acceptable for Form I-9 purposes.

The redesign of the Employment Authorization Document demonstrates our commitment to producing secure documents. For more information, visit the USCIS website

18-Month TPS Designation for the Republic of South Sudan and 18-Month Extension of Current TPS Designation for Sudan (posted October 19)

DHS Secretary Janet Napolitano has designated the new Republic of South Sudan for Temporary Protected Status (TPS) for 18 months and extended the current TPS designation of Sudan for the same period. The designation and extension are both effective Nov. 3, 2011, and will continue through May 2, 2013. The announcement of the Secretary’s decisions will be published in the Federal Register on Oct. 13, 2011. 

Current TPS beneficiaries have also been granted an automatic six-month extension of their Employment Authorization Documents (EADs) issued under the last extension of Sudan TPS, meaning they will now expire on May 2, 2012. Any individual who has a valid TPS Sudan EAD is covered by this automatic extension, even though USCIS may ultimately register the person under the South Sudan TPS designation and issue a new EAD with his or her new nationality.

Individuals seeking to obtain or maintain their TPS must file their application packages during the 180-day registration period, from Oct. 13, 2011, through April 10, 2012. This approximately six-month registration period is the same for both the TPS Sudan extension and the designation of South Sudan.

Print version of Handbook for Employers now available (posted September 16)

USCIS has published a limited number of magazine-style color copies of the Handbook for Employers: Instructions for Completing Form I-9 (M-274) Rev. 06/01/11 N. You may order free copies online or by phone.

To order copies online:

1. Go to the Forms by Mail page on the USCIS website.

2.  If you agree to the terms of use, click Next.

3.  Click on the drop-down menu in the first field and select “M-274 Handbook for employers.”

4.  To the left of the title, choose from the drop-down menu the quantity you wish to order. You may order up to five packages of five copies each.

5.  Enter your name and address.

 To order by phone, call the USCIS Forms Request Line toll-free at 1-800-870-3676. Copies will be sent to you via U.S. Postal Service.

Employees from Liberia with Expiring EADs May Still Be Authorized to Work (posted September 16)

Employees from Liberia who have been granted Deferred Enforced Departure (DED) have had their employment authorizations automatically extended until March 31, 2012, even if the employees have not yet obtained a new Employment Authorization Document (EAD).

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

To determine if an expiring EAD has been automatically extended, do the following:

1.       Look at the “Category” section on the expiring (or expired) EAD. If A11 is listed, the employee has been granted DED.  Next, look at the expiration date of the EAD.  If the expiration date on the EAD is September 30, 2011, then the employee is a DED grantee from Liberia and his or her employment authorization has been automatically extended.  If a different category or expiration date is listed, then the employee is not a DED grantee from Liberia, and the usual reverification rules apply

2.       Employees from Liberia who have been granted DED have had their EADs automatically extended until March 31, 2012.  Until then, the employees remain authorized to work and arenot required to present a new card.

How do my employer and I complete Form I-9 (i.e., verification) using an automatically extended EAD for a new job?

When using an automatically extended EAD to fill out Form I-9 for a new job prior to March 31, 2012, you and your employer should do the following:

(1) For Section 1, you should:

1.  Check “An alien authorized to work;”

2.   Write your alien number (A-number) in the first space (your EAD or other document from DHS will have your A-number printed on it); and

3.   Write the automatic extension date in the second space.

(2) For Section 2, employers should:

1.  Record the document title;

2.  Record the document number; and

3.  Record the automatically extended EAD expiration date.

After March 31, 2012, employers must reverify the employee’s employment authorization in Section 3 of Form I-9. 

What corrections should my employer and I at my current job make to Form I-9 if my EAD has been automatically extended?

If you are an existing employee who presented an EAD that was valid when you first started your job, but that EAD has now been automatically extended, you and your employer should correct your previously completed Form I-9 as follows:

(1) For Section 1, you should:

1.  Draw a line through the expiration date in the second space;

2.  Write March 31, 2012, above the previous date;

3.  Write “DED Ext.” in the margin of Section 1; and

4.   Initial and date the correction in the margin of Section 1.

 

(2) For Section 2, employers should:

1.  Draw a line through the expiration date written in Section 2;

2.  Write March 31, 2012, above the previous date;

3.  Write “DED Ext.” in the margin of Section 2; and

4.  Initial and date the correction in the margin of Section 2.

After March 31, 2012, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3. 

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

If you are an employer who participates in E-Verify, you will receive a “Work Authorization Documents Expiring” case alert 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 and follow the instructions above explaining how to correct Form I-9.  After March 31, 2012, employment authorization needs to be reverified in Section 3.  You should never use E-Verify for reverification. 

For more general information about completing or updating Form I-9, consult the Handbook for Employers:  Instructions for Completing Form I-9 (M-274)

Updated version of Handbook for Employers now available (posted June 6)

USCIS has revised the Handbook for Employers: Instructions for Completing Form I-9 (M-274) rev. 06/01/11 N.  We included a reference to the new I-9 Central website on the inside cover of the M-274 (page ii) and corrected the page number for “Recording Name Changes for Current Employees” in the Table of Contents, which begins on page 19. The revised M-274 now contains additional guidance about:

  • Recording names in Section 1 (page 4)
  • Recording TPS beneficiary EAD auto-extensions for existing employees (page 11)
  • Rehiring an employee (page 19)
  • Reverifying an employee’s employment authorization (page 19)
  • Storing Form I-9 (page 24)
  • Completing Section 1 for asylees and refugees (page 46, Q. 50)
  • CNMI umbrella permit 240P (page 49, Q. 60)

 USCIS added additional information and document examples to pages 56 and 58, including:

  • A list of the legends that may be found on an Employment Authorization Documents (EAD)
  • An example of an EAD that contains the legend “VALID FOR REENTRY IN U.S.”
  • An example of a Form I-94 that contains an F-1 notation
  • An example of a passport from the Republic of the Marshall Islands

 USCIS removed:

  • All references to Form I-797C (pages 18 and 41). 
  • Q-1 from the list of employees eligible for a 240-day extension (page 18).
    • Q-1 nonimmigrants were erroneously included in this list. They are not eligible for the automatic 240-day extension.

Updated I-9 Central Q&As (posted September 29)

I-9 Central has added some new/updated helpful Q&As for more information please visit our I-9 Central Q&A Section.

Haiti receives TPS Redesignation (posted June 6)

USCIS has redesignated Haiti for Temporary Protected Status (TPS) and extended the country’s current TPS designation for 18 months—through Jan. 22, 2013.  

USCIS strongly encourages Haitian nationals to review the Federal Register notice published on May 19 and the Federal Register notice published on May 23, as well as the TPS page at www.uscis.gov, regarding the redesignation of Haiti for TPS to determine whether it is necessary to file a new TPS application and Form I-765, Application for Employment Authorization.

Haitian TPS Employees with Expired EADs May Still Be Authorized to Work (posted June 6)

A May 23 Federal Register notice describing the re-registration procedures for Haitian TPS beneficiaries announced that employees from Haiti who have Temporary Protected Status (TPS) and an EAD based on TPS received an automatic six-month extension of their EADs.

To determine if an employee’s EAD has been automatically extended by the Federal Register notice, employers should do the following:

  • Look at the “Category” section on the expiring (or expired) EAD.
    • If either A12 or C19 is listed, the EAD was issued under the TPS program.
  • Look at the expiration date of the EAD.
    • If the expiration date on the EAD is July 22, 2011, then the employee is a TPS beneficiary from Haiti and his or her employment authorization has been automatically extended to January 22, 2012. 
    • If a different category or expiration date is listed, then the six-month automatic extension does not apply, and the usual Form I-9 reverification rules apply upon expiration of the card.
Last Reviewed/Updated: 08/29/2014