Form I-9 Related News

Do you employ Temporary Protected Status (TPS) Beneficiaries? If so, they may be eligible for an up to 540-day extension of their EAD.  If an individual with TPS or a pending TPS application applies to renew their TPS Employment Authorization Document (EAD) on or before October 26, 2023, according to the relevant Federal Register notice relating to their TPS country designation, their TPS EAD is extended for up to 540-days from the date shown on their TPS EAD.

On June 8, 2023, USCIS announced that certain additional Afghan parolees are employment authorized incident to parole. This updated guidance applies to certain Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of "PAR" and indicates Afghanistan as the country of citizenship on the document, if their parole has not been terminated.   This additional category is added to the list of Afghan and Ukrainian parolees that were previously announced on November 21, 2022, as employment authorized incident to parole. With the addition of this additional category, the following Afghan and Ukrainian parolees are employment authorized incident to their parole:

On June 8, 2023, the U.S. Department of Homeland Security (DHS) announced guidance for certain Afghan nationals to maintain parole and employment authorization for up to two years.  For more information on the guidance, please see Afghan Employees with Parole. 

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated South Sudan for Temporary Protected Status (TPS) from Nov. 4, 2023, through May 3, 2025.  Current beneficiaries who want to maintain their status must re-register from Sept. 5, 2023, through Nov. 4, 2023. South Sudanese nationals and individuals with no nationality who last habitually resided in South Sudan may submit an initial registration application under the redesignation of South Sudan for TPS and apply for an Employment Authorization Document (EAD). Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through Nov. 3, 2024, the validity of certain EADs issued under the TPS designation for South Sudan. Completing Form I-9 To complete or update Form I-9, Employment Eligibility Verification, for South Sudan TPS beneficiaries who present an EAD with a Category Code of A12 or C19 and a Card Expires date of Nov. 3, 2023, enter Nov. 3, 2024, as the new expiration date of the automatically extended EAD on Form I-9. You must reverify these employees before they start work on Nov. 4, 2024.

All Form I-9, Employment Eligibility Verification, requirements remain in effect for areas affected by the 2023 Hawaii wildfire. All employers must continue to complete and retain Form I-9 for all individuals they hire. Employees affected by the 2023 Hawaii wildfire who need to replace lost, stolen or damaged documents to complete Form I-9 should visit the Immigration Relief in Emergencies or Unforeseen Circumstances page at Immigration Relief in Emergencies or Unforeseen Circumstances.

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Sudan for Temporary Protected Status (TPS) for 18 months, from Oct. 20, 2023, through April 19, 2025. Sudanese nationals and noncitizens having no nationality who last habitually resided in Sudan may submit an initial registration application under the redesignation for TPS for Sudan and apply for an Employment Authorization Document (EAD). Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through Oct. 19, 2024, the validity of certain EADs issued under the TPS designation for Sudan. Completing Form I-9 To complete or update Form I-9, Employment Eligibility Verification, for TPS Sudan beneficiaries who present an EAD with a Category Code of A12 or C19 and a Card Expires date of Oct. 19, 2023, enter Oct. 19, 2024, as the new expiration date of the automatically extended EAD on Form I-9. You must reverify these employees before they start work on Oct. 20, 2024.

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Ukraine for Temporary Protected Status (TPS) for 18 months, from Oct. 20, 2023, through April 19, 2025.  Current beneficiaries who want to maintain their status must re-register from Aug. 21, 2023, through Oct. 20, 2023. Ukrainian nationals and individuals having no nationality who last habitually resided in Ukraine may submit an initial registration application under the redesignation for TPS for Ukraine and apply for an Employment Authorization Document (EAD). Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through Oct. 19, 2024, the validity of certain EADs issued under the TPS designation for Ukraine. Completing Form I-9 To complete or update Form I-9, Employment Eligibility Verification, for TPS Ukraine beneficiaries who present an EAD with a Category Code of A12 or C19 and a Card Expires date of Oct. 19, 2023, enter Oct. 19, 2024, as the new expiration date of the automatically extended EAD on Form I-9. You must reverify these employees before they start work on Oct. 20, 2024.

Employers enrolled in E-Verify during the COVID-19 temporary flexibilities may use an alternative procedure to satisfy the requirement of physically examining Form I-9 documents that had been examined remotely under the COVID-19 flexibilities.   In May 2023, ICE announced that employers had until August 30, 2023, to physically inspect all documents that had been examined remotely using the COVID-19 flexibilities.   On July 25, 2023, DHS announced an alternative procedure for Form I-9 in a Federal Register Notice. Based on the Notice, employers who meet four requirements may choose an alternative procedure in lieu of physically examining Form I-9 documentation that had been examined remotely under the COVID-19 flexibilities.  To qualify for the alternative procedure, the employer must have: