My employee's Employment Authorization Document (Form I-766) (EAD) is about to expire and he does not have a new one. Could he be a TPS beneficiary whose EAD has been automatically extended?
TPS beneficiaries are authorized to work in the United States once they have obtained an EAD. Sometimes DHS must issue a blanket automatic extension of the expiring EADs for TPS beneficiaries of a specific country to allow DHS time to issue new unexpired EADs. TPS beneficiaries who have their EADs automatically extended remain authorized to work in the United States until the end of the automatic extension. Until then, they are not required to present a new card.
To determine if an employee with an expiring EAD is a TPS beneficiary, you should:
Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is listed, then the employee is a TPS beneficiary. If a different category is listed, then the employee is not a TPS beneficiary and the usual reverification rules apply.
If the employee is a TPS beneficiary, then you should determine whether or not his or her EAD has been automatically extended. To do so, consult the USCIS Temporary Protected Status webpage for TPS notifications and instructions on how to update or complete Form I-9 in the event of an automatic extension.