5.3 Automatic EAD Extensions for Temporary Protected Status (TPS) Beneficiaries

DHS may extend the expiration date of a TPS beneficiary’s EAD either by Federal Register notice or an individual notice mailed to the beneficiary. Based on the temporary final rule (89 FR 24628), certain TPS beneficiaries are eligible for an EAD extension based on the timely and proper filing to renew their EAD. For TPS-based EADs, timely filing under the temporary final rule means the EAD renewal application is filed during the TPS re-registration period indicated in the Federal Register notice for their country’s designation (for more information, see Section 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document). You may not ask employees to prove they are nationals of a country that DHS has designated for TPS.

Automatic Extensions by Federal Register Notice (FRN)

FRNs announcing TPS actions generally include an automatic extension of the expiration date of all associated TPS EADs that contain a specific “Card Expires” date and a category code of A12 or C19. The FRNs provide detailed instructions for completing or updating Form I-9. For TPS EAD automatic extension information, check the USCIS TPS webpage.

How to Complete Form I-9 for EADs Extended by FRN

In Section 1, new employees presenting an EAD automatically extended by FRN must:

• Select “A noncitizen authorized to work;” and
• Enter the EAD automatic extension date provided in the appropriate FRN as the expiration date. Employees can find a link to their TPS country’s FRN on the USCIS TPS webpage.

In Section 2, in the List A column, the employer must:

• Enter “EAD” in the Document Title field.
• Enter the document number from the EAD with Category A12 or C19, as applicable.
• Enter the automatic extension date provided in the FRN as the document expiration date.

For a current employee whose EAD has been automatically extended by FRN, employers must provide updated information on Form I-9. They should enter “EAD EXT” and the EAD automatic extension date from the FRN in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.  If the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, complete the latest version of Form I-9 as described above and retain it with the employee’s original Form I-9.

Automatic Extensions by Individual Notice

DHS may extend the EAD expiration date for some or all TPS beneficiaries of a certain country by issuing an individual notice that contains the new EAD expiration date. Check the USCIS TPS webpage for the latest information on TPS countries whose beneficiaries may have been issued individual notices.

New employees who are TPS beneficiaries may present the individual notice, along with their EAD with a Category Code of A12 or C19, to complete Form I-9. Employers should ensure the employee’s name and A-Number or USCIS Number on the EAD matches the name and A-Number or USCIS Number, provided in the individual notice.

How to Complete Form I-9 for EADs Extended by Individual Notices

In Section 1, new employees presenting an EAD automatically extended by an individual notice must:

• Select “A noncitizen authorized to work until;” and
• Enter the EAD automatic extension date provided in the individual notice as the expiration date.

In Section 2, in the List A column, the employer must:

• Enter EAD in the Document Title field.
• Enter the document number from the EAD with Category A12 or C19, as applicable.
• Enter the automatic extension date provided in the individual notice as the document expiration date.

For a current employee whose EAD has been automatically extended by individual notice, you must provide updated information on Form I-9. You should enter “EAD EXT” and the EAD automatic extension date from the individual notice in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.  Note that if the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, enter “EAD EXT” and the new expiration date in the Additional Information field in Section 2 of the latest version of Form I-9 and retain it with the employee’s original Form I-9.

Reverification

You must reverify employees’ employment authorization when their automatic extension ends, and no later than the date their employment authorization expires. You can reverify temporary employment authorization before the automatic extension ends if an employee presents any unexpired document that shows employment authorization, such as any acceptable document from List A or C.