Page 19 - Handbook for Employers - Guidance for Completing Form I-9

Automatic EAD Extensions for TPS Beneficiaries the employee’s timely filed renewal application. When
completing Section 1, the employee should enter the
Beneficiaries of TPS may present an Employment date that is 180 days from the “card expires” date of their
Authorization Document (Form I-766) that is expired expired EAD in the “employment authorized until mm/
on its face with a C19 eligibility code but a Form I-797C dd/yyyy” field.
Notice of Action indicating the eligibility category code
A12. Therefore, just for TPS beneficiaries, the eligibility When completing Section 2, the employer should enter
category codes do not need to be the same, but can be into the Expiration Date field the date the automatic
either C19 or A12. extension period expires, not the expiration date on
the face of the expired EAD. The automatic extension
TPS beneficiaries may receive an automatic extension of expiration date is the date 180 days from the “card
their Employment Authorization Document (Form I-766) expires” date on the EAD. Note that this expiration date
if they file their renewal application in accordance with may be cut short if the employee’s renewal application is
the applicable Federal Register notice regarding procedures denied before the 180-day period expires. The employer
for renewing TPS-related employment documentation, should enter the receipt number from the I-797C Notice
which may or may not require that the application be filed of Action as the document number on Form I-9.
prior to the expiration of the Employment Authorization
Document (Form I-766). Reverification

TPS beneficiaries have other ways to receive an automatic Reverification is required when the employee’s automatic
extension of their EAD. In many circumstances, their EAD extension ends, no later than 180-days after the expiration
may be automatically extended under a notice published date of the Employment Authorization Document
in the Federal Register based on an extension of the TPS (Form I-766). Reverification can also be done before
country designation. In these instances, DHS will inform the end of the180-day extended time period, upon
the public in the Federal Register notice that TPS status and receipt of any document that shows current employment
employment authorization for TPS beneficiaries are being authorization, such as any document from List A or List
extended. You may not require employees to prove they are C.
a national of a country that has been designated for TPS.
Reverifying Employment Authorization for
Guidance on Completing Form I-9 Current Employees

For a current employee, update Section 2 of Form I-9 with When an employee’s EAD (Employment Authorization
the new expiration date as follows: Document, Form I-766) expires, you must reverify
their employment authorization no later than the date
1. Draw a line through the old expiration date employment authorization expires. You may use Section
and write the new expiration date in the margin 3 of Form I-9, or if Section 3 has already been used for a
of Section 2; previous reverification or update, then use Section 3 of a
2. Write EAD EXT in Section 2; new Form I-9. If you complete Form I-9 on paper, you
3. Initial and date the correction. must:
1. Enter the last name, first name and middle initial
The new expiration date to enter is the date 180 days from the original Form I-9 at the top of Section
from the date the card expires, which is the date on the 2 leaving the Citizenship/Immigration Status
face of the expired EAD. Employees whose employment field blank (only for those using Section 3 of a
authorization was automatically extended along with new form);
their EAD (such as adjustment of status applicants, but not
asylees who are employment authorized incident to status) 2. Complete Section 3;
should cross out the “employment authorized until” date 3. Keep only the second page of the new Form I-9
in Section 1, write the date that is 180 days from the date with the original.
their current EAD expires, and initial and date the change.
When completing the Form I-9 using a computer, you
New employees may present the expired EAD and Form must enter the last name, first name and middle initial
I-797C Notice of Action indicating USCIS’s receipt of from the original Form I-9 at the top of Section 3.

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