Form I-9 Related News

On June 27, 2022, President Biden issued a memorandum directing Department of Homeland Security Secretary to extend and expand Deferred Enforced Departure (DED) for eligible Liberians, and to provide for continued work authorization, through June 30, 2024. Accordingly, USCIS automatically extends DED-related Employment Authorization Documents (EAD) with a Card Expires date of March 30, 2020, Jan. 10, 2021, or June 30, 2022 through June 30, 2024. Completing Form I-9 When you complete or update Form I-9, Employment Eligibility Verification, refer to the Liberia DED page, which provides confirmation that your employee's EAD that has an expiration date of March 30, 2020, Jan. 10, 2021, or June 30, 2022, and states A-11 under Category, is automatically extended through June 30, 2024. After June 30, 2024, you will be required to reverify this employee's work authorization on Form I-9. 

Between May 4 and June 2, 2022, USCIS issued certain Forms I-797, Notices of Action (receipt notices for Form I-765 applications) with incorrect information. In particular, the incorrect notices included language relating to an up to 180-day automatic extension for certain categories of EAD renewal applicants, instead of the correct 540-day automatic extension provided by the temporary final rule effective May 4, 2022 (Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants (87 FR 26614)).  USCIS printed corrected notices, with language confirming the 540-day automatic extension, for affected applications. Affected applicants should have received a corrected receipt notice by the third week of June. For employees that meet all automatic EAD extension eligibility requirements, the employer must accept the employee's Form I-797C, Notice of Action, referring to an automatic EAD extension of up to 180 days when presented with their EAD that appears expired on the face of the card as a List A document. Follow the below guidance for Form I-9 completion. 

On May 18, the Department of Homeland Security and the Department of Labor published a joint temporary final rule (87 FR 30334) in the Federal Register to increase the numerical limits during the second half of FY2022 for H-2B nonimmigrant visas and continue to provide portability flexibility for H-2B workers already in the U.S. This temporary rule allows an H-2B worker who is already in the U. S. to begin work immediately with a new employer after an H-2B petition (supported by a valid temporary labor certification (TLC) is received by USCIS and before it is approved. A temporary final rule (87 FR 4722) published in January currently provides portability and portability will continue for petitions received by USCIS through Jan. 24, 2023. Updated Form I-9 guidance for H-2B workers seeking to change employers is located in the Handbook for Employers - Section 6.7.

On May 4, 2022, DHS published a temporary final rule (87 FR 26614) amending 8 CFR 274a.13(d). The temporary final rule increases the employment authorization and/or Employment Authorization Document (EAD) automatic extension for certain renewal applicants from up to 180 days to up to 540 days. In order to assist employers and employees with determining the EAD expiration date for eligible employees, USCIS has created the new EAD Automatic Extension Calculator!

Secretary of Homeland Security Alejandro Mayorkas designated Temporary Protected Status (TPS) for Afghanistan, for 18 months, effective May 20, 2022, through Nov. 20, 2023. Afghan nationals and individuals having no nationality who last habitually resided in Afghanistan may submit an initial registration application under the designation for TPS for Afghanistan and apply for an EAD during the 18-month registration period that begins May 20, 2022, and ends on Nov. 20, 2023. Once a TPS beneficiary is granted TPS and receives an EAD with a category code of A12 or C19, they are authorized to work. For additional information, see the Federal Register notice designating Afghanistan for TPS as well as the USCIS TPS webpage.

As of January 30, 2022, USCIS and Customs and Border Protection (CBP) began issuing Form I-94, Arrival-Departure records, with new classes of admission (COA) codes for certain E and L nonimmigrant dependent spouses who are employment authorized based on their status. The COA designations for E nonimmigrant spouses are E-1S, E-2S, E-3S, and L-2S for nonimmigrant L spouses. Forms I-94 containing these code designations are acceptable as a List C, #7 employment authorization document issued by the Department of Homeland Security.

On May 4, 2022, the Department of Homeland Security published a temporary final rule (87 FR 26614) that temporarily increases the automatic extension period to up to 540 days for employment authorization and/or Employment Authorization Documents (EAD, Form I-766) available to certain applicants who have filed Form I-765, Application for Employment Authorization, renewal applications.

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 April 30, 2022. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until Oct. 31, 2022.