COVID-19 & Form I-9 Related News

Stay up to date with the latest Form I-9 related news.

We are sending this reminder based on inquiries from the public. An employee that is a Permanent Resident may provide a Form I-797, Notice of Action with their expired Permanent Resident Card (PRC) for Form I-9.
On May 25, the Department of Homeland Security and the Department of Labor published a joint Federal Register temporary rule (86 FR 28198) to increase the numerical limits on FY2021 H-2B nonimmigrant visas and temporarily provide portability flexibility for H-2B workers already in the U.S. to begin work immediately with a new employer after an H-2B petition (supported by a valid TLC) is received by USCIS and before it is approved.
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire May 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 requirement flexibilities from June 1 to August 31, 2021.
Secretary of Homeland Security Alejandro N. Mayorkas designated Burma (also known as Myanmar) for Temporary Protected Status (TPS) for 18 months, effective May 25, 2021, through Nov. 25, 2022. Eligible Burmese nationals (and individuals having no nationality who last habitually resided in Burma) may submit an initial TPS registration application during the 180-day registration period that begins May 25, 2021 and ends on Nov. 22, 2021. TPS applicants may also apply for an Employment Authorization Document (EAD). If they apply for an EAD, it will have a Category Code of A12 or C19.
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire March 31. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy an additional 60 days until May 31, 2021.
Secretary of Homeland Security Alejandro N. Mayorkas extended Temporary Protected Status (TPS) for Syria and also re-designated Syria for TPS through Sept. 30, 2022. Current beneficiaries who want to maintain their status must re-register March 19, 2021, through May 18, 2021. Syrian nationals and individuals having no nationality who last habitually resided in Syria may submit an initial registration application under the re-designation for TPS for Syria and apply for an Employment Authorization Document (EAD).
Secretary of Homeland Security Alejandro Mayorkas designated Venezuela for Temporary Protected Status (TPS) for 18 months, effective March 9, 2021, through Sept. 9, 2022. Venezuelan nationals and individuals having no nationality who last habitually resided in Venezuela may submit an initial registration application under the designation for TPS for Venezuela during the 180-day registration period that begins March 9, 2021, and ends on Sept. 5, 2021, and apply for an Employment Authorization Document (EAD). Once a beneficiary is granted TPS, they are authorized to work. If the individual applied for an EAD, it will have a Category Code of A12 or C19.
On Jan. 20, 2021, President Biden issued a memorandum directing the secretary of Homeland Security to reinstate Deferred Enforced Departure (DED) for eligible Liberians and to provide for continued work authorization, through June 30, 2022. Accordingly, DHS automatically extends DED-related Employment Authorization Documents (EADs) with a printed expiration date of March 30, 2020, or Jan. 10, 2021, through June 30, 2022.
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire January 31. Because of ongoing precautions related to COVID-19, DHS has extended this policy an additional 60 days until March 31, 2021.
USCIS is replacing the currently issued sticker that extends the validity of a Form I-551, Permanent Resident Card (PRC), or Green Card, with a revised Form I-797, Notice of Action, receipt notice of Form I-90, Application to Replace Permanent Resident Card.  The revised notice will extend the validity of a PRC for 12 months from the "Card Expires" date on the front of the PRC.

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