What's New - Archives
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:
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:
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:
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:
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:
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)
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.
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.
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:
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:
(2) For Section 2, employers should:
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:
(2) For Section 2, employers should:
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.
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:
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.
Employers will see two versions of Forms I-94, both of which are acceptable for Form I-9 purposes:
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:
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