What's New - Archives

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. 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. 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.

2. 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.