Policy & Related News Archive
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The Department of Homeland Security (DHS) previously extended all Employment Authorization Documents (EADs) issued under the Temporary Protected Status (TPS) for El Salvador designation that were expiring on Sept. 9, 2016, to be valid through March 9, 2017. That was a 6-month extension. DHS automatically extended the validity of the previously extended EADs for an additional 6 months, through Sept. 9, 2017 to avoid gaps in work authorization.
USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Download instructions are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept.
On Sept. 29, USCIS released a free, on-demand webinar for Form I-9, Employment Eligibility Verification. The video includes:
On March 27, 2018, President Trump issued a memorandum to Homeland Security Secretary Kirstjen M. Nielsen, directing her to implement a 12-month deferred enforced departure (DED) wind-down period for eligible Liberians and to provide for work authorization through March 31, 2019, which is when DED will end.
On Oct. 3, 2018, in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), the U.S. District Court for the Northern District of California enjoined DHS from implementing and enforcing the decisions to terminate Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti, and El Salvador, pending further resolution of the case (“Order” or “injunction”). To implement the Court’s Order, on Oct. 31, 2018, DHS published a Federal Register Notice (FRN) announcing that the TPS designations for Sudan, Haiti, El Salvador, and Nicaragua remain in effect so long as the Court’s Order continues.
The Secretary of Homeland Security has extended Temporary Protected Status (TPS) for eligible nationals of Nepal (and those without nationality who last habitually resided in Nepal) for an additional 18 months, from Dec. 25, 2016, through June 24, 2018. DHS is also automatically extending current TPS Nepal Employment Authorization Documents (EADs) with a Dec. 24, 2016, expiration date for 6 months. These existing EADs are now valid through June 24, 2017.
Beginning Jan. 22, 2017, employers must use the 11/14/2016 N version of Form I-9 Employment Eligibility Verification, to verify the identity and work eligibility of every new employee hired, or for the reverification of expiring employment authorization of current employees (if applicable). This date is found on the lower left hand corner of the form. Prior versions of the form will no longer be valid for use. Employers who fail to use Form I-9 (11/14/2016 N) on or after Jan.
On April 19, USCIS announced it was redesigning the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.
Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.
All Form I-9, Employment Eligibility Verification, requirements remain in effect for those areas impacted by Hurricane Harvey. All employers must continue to complete and retain Form I-9 for all individuals they hire for employment.
Secretary of Homeland Security Kirstjen M. Nielsen announced that the Temporary Protected Status (TPS) designation for El Salvador will end on Sept. 9, 2019. Current beneficiaries who want to maintain their status through Sept. 9, 2019, must re-register between Jan. 18, 2018, and March 19, 2018.