Form I-9 Related News

Effective November 12th, 2021, USCIS automatically extended employment authorization for foreign nationals in certain employment eligibility categories who file Form I-765, Application for Employment Authorization, to renew their EADs may receive automatic extensions of their employment authorization and/or EAD for up to 180 days. This includes eligible L-2 nonimmigrants who are the dependent spouses of L-1 nonimmigrants and eligible E nonimmigrants who are the dependent spouses of E-1, E-2, and E-3 nonimmigrants. USCIS also announced that automatically extended employment authorization for eligible H-4 nonimmigrants who are dependent spouses of H-1B nonimmigrants. For more information, please see the USCIS Policy Alert (PDF, 498.85 KB).

All Form I-9, Employment Eligibility Verification, requirements remain in effect for areas affected by natural disasters and other unforeseen circumstances. All employers must continue to complete and retain Form I-9 for all individuals they hire. DHS will continue to monitor the situation and provide updated guidance, as needed.

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, Haiti, Honduras, Nepal, Nicaragua and Sudan. The notice automatically extends through Dec. 31, 2022, the validity of Employment Authorization Documents (EADs); Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record (collectively known as TPS-related documentation) for beneficiaries under the TPS designations for these six countries. The notice also sets forth procedures necessary for nationals of these six countries (or individuals having no nationality who last habitually resided in these countries) to re-register for TPS and to apply for EADs.

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 August 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy until December 31, 2021.

Want to know more about E-Verify and what may be planned for the future of the program? Listen to Tammy Meckley, Associate Director, U.S. Citizenship and Immigration Services, Immigration Records and Identity Services Directorate with the Department of Homeland Security in an Equifax Workforce Wise podcast interview. The two-part interactive session includes an overview of E-Verify and a series of questions pertaining to current and future plans for the program.

Secretary of Homeland Security Alejandro N. Mayorkas designated Haiti for Temporary Protected Status (TPS) for 18 months, effective August 3, 2021, through February 3, 2023. Haitian nationals and individuals having no nationality who last habitually resided in Haiti may submit an initial registration application under the TPS designation for Haiti and apply for an Employment Authorization Document (EAD) during the 18-month registration period that begins August 3, 2021 and ends on February 3, 2023. The EADs of TPS beneficiaries have a Category Code of A12 or C19.

USCIS is complying with the July 16th order from the U.S. District Court in Texas. Deferred Action for Childhood Arrivals (DACA) recipients with a valid Employment Authorization Document (EAD), including an EAD that has been automatically extended, are still permitted to work. See I-9 Central for more information on Completing Form I-9 for Employees with Extended Work Authorization Under DACA.

Secretary of Homeland Security Alejandro N. Mayorkas extended Temporary Protected Status (TPS) for Somalia and redesignated Somalia for TPS through March 17, 2023. Current beneficiaries who want to maintain their status must re-register July 22, 2021 through September 20, 2021. Somali nationals and individuals having no nationality who last habitually resided in Somalia may submit an initial registration application under the redesignation of Somalia for TPS and apply for an EAD.