Form I-9 Related News
Stay up to date with the latest Form I-9 related news. For material older than three years or that is no longer current, see our Archive News section.
Secretary of Homeland Security Alejandro Mayorkas designated Temporary Protected Status (TPS) for Sudan, for 18 months, effective April 19, 2022, through Oct. 19, 2023. Sudanese nationals and individuals having no nationality who last habitually resided in Sudan may submit an initial registration application under the designation for TPS for Sudan and apply for an Employment Authorization Document (EAD) during the 18-month registration period that begins April 19, 2022, and ends on Oct. 19, 2023. Once a TPS applicant receives their EAD with a Category Code of A12 or C19, they can present that EAD to employers as evidence of their identity and authorization to work.
DHS is ending the COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, Employers will no longer be able to accept expired List B documents.
DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents.
USCIS is issuing individual notices to certain TPS Syria beneficiaries whose applications to renew Form I-766, Employment Authorization Document (EAD), remain pending. These individual notices further extend the validity of their EADs until Sept. 24, 2022. Their current EADs bear an A12 or C19 category and an expiration date of March 31, 2021; Sept. 30, 2019; or March 31, 2018.
DHS published Federal Register notice 87 FR 18377 on March 30 to invite public comments on its proposed extension and revisions to Form I-9, Employment Eligibility Verification, before it expires on Oct. 31.
On March 18, 2022, USCIS issued a Policy Alert titled 'Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses' (PDF, 318.25 KB). As of January 30, 2022, USCIS and 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.
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 Somalia through Sept. 12, 2022.
Beginning April 30, 2022, E-Verify will not support the Internet Explorer (IE) 11 web browser. This is due to Microsoft retiring and ending support for the IE 11 desktop application on June 15.
Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Temporary Protected Status (TPS) for South Sudan through Nov. 3, 2023. Current beneficiaries who want to maintain their status must re-register March 3, 2022 through May 3, 2022. South Sudanese nationals and aliens having no nationality who last habitually resided in South Sudan may submit an initial registration application under the redesignation for TPS for South Sudan and apply for an EAD.
USCIS has clarified Form I-9 guidance related to Native American tribal documents. We also published new guidance regarding T nonimmigrants (victims of human trafficking) and U nonimmigrants (victims of certain other crimes) in the M-274, Handbook for Employers. USCIS has provided these updates to respond to customer needs.
On Jan. 28, the Department of Homeland Security and the Department of Labor published a joint temporary final rule (87 FR 4722) in the Federal Register to increase the numerical limits on FY2022 H-2B nonimmigrant visas and temporarily provide portability flexibility for H-2B workers 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.
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