Form I-9 Related News

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.

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).

The Department of Homeland Security (DHS) is seeking to explore alternative options to physical document examination that offer an equivalent or higher level of security for identity and employment eligibility verification purposes. In order to gather public input, DHS published a 60-day Request for Public Input in the Federal Register regarding document examination practices when completing Form I-9, Employment Eligibility Verification.

Based on the Aug. 5, 2021, presidential memo, Secretary of Homeland Security Alejandro Mayorkas is implementing employment authorization through Feb. 5, 2023, for certain Hong Kong residents covered by Deferred Enforced Departure (DED) for Hong Kong. Once a covered individual receives a DED EAD with a Category Code of A11, they are authorized to work.  

September marked E-Verify’s 25th anniversary! On September 30, 1996, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was signed into law, creating three employment eligibility verification pilot programs, including the “Basic Pilot.” A year later, the Basic Pilot was rolled out in six states, and in 2007, the Basic Pilot was renamed “E-Verify”.

The U.S. Department of Homeland Security has automatically extended the validity of certain Employment Authorization Documents (EADs) with a Category Code of A12 or C19 issued under Temporary Protected Status (TPS) for Syria through March 28, 2022.

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.