Form I-9 Related News

USCIS announced new designs for tamper-resistant Form I-551, Permanent Resident Cards (also known as Green Cards), and Form I-766, Employment Authorization Documents (EADs). USCIS began issuing the redesigned cards on Jan. 30, 2023.

Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Haiti for Temporary Protected Status (TPS) through Aug. 3, 2024. Haitian nationals and individuals having no nationality who last habitually resided in Haiti may submit an initial registration application under the redesignation of Haiti for TPS and apply for an Employment Authorization Document (EAD).

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. For additional information, see the Federal Register notice designating Ethiopia for TPS as well as the USCIS TPS webpage.

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.  To complete Form I-9 for this employee, employers should enter the information from the employee's PRC in Section 2 as they normally would, then enter a date in the Expiration Date field that is 24 months from the "Card Expires" date shown on the card. Note that employers must not reverify current employees who are lawful permanent residents that may receive this receipt notice.  For more information, refer to the M-274 Handbook for Employers in Section 6.1 Lawful Permanent Residents.

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. See the original ICE news release from March 20, 2020, for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9. Please also consult ICE's guidance for clarification on this provision. Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.

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.