Form I-9 Related News

DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS ended this flexibility on May 1, 2022 and employers must only accept unexpired List B documents.

Deferred Enforced Departure (DED) for Venezuela expired on July 20, 2022. Venezuelans and individuals without nationality who last habitually resided in Venezuela who wish to apply for Temporary Protected Status (TPS) under the existing designation, including those who were covered under the January 2021 grant of DED, may apply for TPS before the registration period ends Sept. 9, 2022.

DHS published Federal Register notice 87 FR 18377 on March 30 to invite public comments on its proposed extension and revisions to Form I-9, Employment Eligibility Verification, before it expires on Oct. 31. The Paperwork Reduction Act of 1995 requires a 60-day and a 30-day comment period for this Form I-9 extension. The second comment period will be open for 30 days, until August 8, 2022.

DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS ended this flexibility May 1, 2022, employers must only accept unexpired List B documents. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, 2022. See table below for update requirements.

USCIS has published new Form I-9 guidance related to employees with E and L nonimmigrant status in the M-274, Handbook for Employers. For more information see Section 6.9 Other Temporary Workers.

On June 27, 2022, President Biden issued a memorandum directing Department of Homeland Security Secretary to extend and expand Deferred Enforced Departure (DED) for eligible Liberians, and to provide for continued work authorization, through June 30, 2024.

Between May 4 and June 2, 2022, USCIS issued certain Forms I-797, Notices of Action (receipt notices for Form I-765 applications) with incorrect information. In particular, the incorrect notices included language relating to an up to 180-day automatic extension for certain categories of EAD renewal applicants, instead of the correct 540-day automatic extension provided by the temporary final rule effective May 4, 2022 (Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants (87 FR 26614)).  USCIS printed corrected notices, with language confirming the 540-day automatic extension, for affected applications. Affected applicants should have received a corrected receipt notice by the third week of June. For employees that meet all automatic EAD extension eligibility requirements, the employer must accept the employee's Form I-797C, Notice of Action, referring to an automatic EAD extension of up to 180 days when presented with their EAD that appears expired on the face of the card as a List A document. Follow the below guidance for Form I-9 completion. 

On May 18, the Department of Homeland Security and the Department of Labor published a joint temporary final rule (87 FR 30334) in the Federal Register to increase the numerical limits during the second half of FY2022 for H-2B nonimmigrant visas and continue to provide portability flexibility for H-2B workers already in the U.S. This temporary rule allows an H-2B worker who is already in the U. S. to begin work immediately with a new employer after an H-2B petition (supported by a valid temporary labor certification (TLC) is received by USCIS and before it is approved. A temporary final rule (87 FR 4722) published in January currently provides portability and portability will continue for petitions received by USCIS through Jan. 24, 2023. Updated Form I-9 guidance for H-2B workers seeking to change employers is located in the Handbook for Employers - Section 6.7.