All Rights Reserved.To ensure compliance with Form I-9 requirements, for a new employee, you may accept an expired Employment Authorization Document that has been auto-extended if the category listed on the card is either “A-12” or “C-19” and the expiration date corresponds with the last re-registration date indicated on the Citizenship and immigration Services website. Set a reminder to re-verify the auto-extended EAD when it is due to expire. Subscribe to our daily newsletter.At the end of the auto-extension period, the TPS employee must present his new Employment Authorization Document. The employee must present a document that shows current employment authorization, such as any document from List A or C, including an unrestricted Social Security card. USCIS provides employment authorization extensions under certain conditions. You cannot continue employing a person who does not provide proof of current employment authorization.If you reverify your employee using a paper Form I-9:Reverification is never required for U.S. citizens or noncitizen nationals. They may continue to live and work in the U.S.; they do not lose the right to live and work in America only because their green cards are expired.
However, if a person is a permanent resident who is 18 or older, he or she does have to carry a valid, unexpired green card at all times.
See Section 6.0, Evidence of Status for Certain Categories, for more information. You must reject a restricted Social Security card and ask the employee to provide a different document from List A or C. You can also accept certain receipts for reverification; see the Acceptable Receipts table in Section 4.3, Acceptable Receipts, for more information. The United States Citizenship and Immigration Services (USCIS) is currently taking approximately 3 months to issue renewal EAD cards. To ensure compliance with Form I-9 requirements, for a new employee, you may accept an expired Employment Authorization Document that has been auto-extended if the category listed on the card is either “A-12” or “C-19” and the expiration date corresponds with the last re-registration date indicated on the Citizenship and immigration Services website. Reverification is also never required when the following documents expire: U.S. passports, U.S. passport cards, Form I-551 (Alien Registration Receipt Cards/Permanent Resident Cards, which are also known as Green Cards), and List B documents.If you complete Section 3 using a computer:Employees with expiring immigration status, employment authorization, or employment authorization documents should have the necessary application or petition filed well in advance to ensure they maintain continuous employment authorization and/or valid documents. RECOMMENDED: Expired Green Card Creates Big Problems Complying with I-9 requirements. Do not ask for proof that the employee is a national of the TPS country.As a rule, if an employee in the United States is unable to produce a valid, unexpired work authorization document to complete the Form I-9 process (for a new hire) or by the date that his or her prior authorization is due to expire (for a current employee), you cannot continue the employment.For an existing employee, update Sections 1 and 2 of the Form I-9 on file by drawing through the expiration dates listed, write the new auto-extension date above the prior dates, and write “TPS Ext.” in the margins of both sections. You can to continue to employ him or her (either under the auto-extension option or with his or her new EAD card) but remember to re-verify his or her Form I-9 each time.© 2020 ERE Media.
The Form I-9 is an employment verification document that the employer uses to verify your identity and employment authorization. Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are allowed to work in the United States for a specific time period.. To request an EAD, you must file Form I-765, Application for Employment Authorization. To apply for renewal of an expired or expiring employment authorization card, the USCIS requires applicants file Form I-765. The employer must review a physical copy of your valid green card. As long as Homeland Security continues to re-designate TPS for your employee’s country, he or she will continue to be employment-authorized. You must reverify an employee’s employment authorization no later than the date employment authorization expires. Your employer should not ask for your documents again since you have authorization to work in the U.S. permanently based on your status. USCIS provides employment authorization extensions under certain conditions. Have the employee initial and date the change in Section 1.
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States.
The employer cannot legally accept a photocopy or expired card. For example, just because your green card has an expiration date, it only means that your card needs to be renewed not that your work authorization has expired. Employees with expiring immigration status, employment authorization, or employment authorization documents should have the necessary application or petition filed well in advance to ensure they maintain continuous employment authorization and/or valid documents.