Form I-9 Related News

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Yemen for Temporary Protected Status (TPS) through Sept. 3, 2024. Current beneficiaries who want to maintain their status must re-register between Jan. 3, 2023, through March 4, 2023. Yemeni nationals and individuals having no nationality who last habitually resided in Yemen may submit an initial registration application under the redesignation of Yemen for TPS and apply for an Employment Authorization Document (EAD).

Secretary of Homeland Security Alejandro Mayorkas designated Ethiopia for Temporary Protected Status (TPS) for 18 months, effective Dec. 12, 2022, through June 12, 2024. Ethiopian nationals (and individuals having no nationality who last habitually resided in Ethiopia) may submit an initial registration application under the designation of Ethiopia for TPS and apply for an Employment Authorization Document (EAD) during the 18-month registration period that begins Dec. 12, 2022, and ends June 12, 2024. TPS beneficiaries are authorized to work. TPS-based EADs have a category code of A12 or C19. All employees, including those with a TPS-based EAD under the TPS designation of Ethiopia, must show acceptable documentation proving they are authorized to work to complete Form I-9.

Lawful permanent residents who have applied for naturalization may receive a Form I-797, Notice of Action, receipt notice showing that they filed an N-400, Application for Naturalization. This receipt notice extends their current Permanent Resident Card (PRC) for 24 months from the "Card Expires" date on the card. New employees may present this receipt notice in combination with their expired PRC as a List A document when completing Form I-9.

The Department of Homeland Security (DHS) today published a Federal Register notice extending the validity of Temporary Protected Status (TPS)-related documentation for beneficiaries under the TPS designations for El Salvador, Honduras, Nepal, Nicaragua, and under the 2011 designation of Haiti and the 2013 designation of Sudan provided the beneficiaries remain individually eligible for TPS.

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 October 31, 2022. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until July 31, 2023.

Employers should continue using the Form I-9, Employment Eligibility Verification, after its expiration date of Oct. 31, 2022 until further notice. DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.

As of Sept. 26, USCIS has further extended the validity of Permanent Resident Cards (PRC) from 12 months to 24 months for lawful permanent residents who have filed Form I-90, Application to Replace Permanent Resident Card, to renew their PRC. Individuals newly filing Form I-90 will receive a Form I-797 receipt notice with the 24-month automatic extension. Individuals who have a pending application will receive an amended receipt notice with the 24-month automatic extension before the initial 12-month extension period expires.

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Burma for Temporary Protected Status (TPS) through May 25, 2024.  Current beneficiaries who want to maintain their status must re-register starting Sept. 27, 2022, through Nov. 26, 2022. Burmese nationals and individuals having no nationality who last habitually resided in Burma may submit an initial registration application under the redesignation of Burma for TPS and apply for an Employment Authorization Document (EAD).