Page 48 - Handbook for Employers - Guidance for Completing Form I-9

10. Q. How do I know whether a Native American expires, you must reverify the employee’s
tribal document issued by a U.S. tribe employment authorization.
presented by my employee is acceptable for
Form I-9 purposes? Please see Automatic Extensions of Employment
Authorization Document in Certain Circumstances for
A. In order to be acceptable, a Native more information.
American tribal document should be issued
by a tribe recognized by the U .S. federal NOTE: Some documents, such as birth certificates and
government. Because federal recognition of Social Security cards, do not contain an expiration date
tribes can change over time, to determine if the and should be treated as unexpired.
tribe is federally recognized, please check the
Bureau of Indian Affairs website at bia.gov. 13. Q. How can I tell if a DHS-issued document has
expired? If it has expired, should I reverify
11. Q. Can the Certificate of Indian Status, the employee?
commonly referred to as the status card or
INAC card, be used as a Native American tribal A. Some INS-issued documents, such as older
document for Form I-9 purposes? versions of the Alien Registration Receipt Card
(Form I-551), do not have expiration dates,
A. No. This card is not a Native American tribal and are still acceptable for Form I-9 purposes.
document. It is issued by Indian and Northern However, all subsequent DHS-issued Permanent
Affairs Canada (INAC), which is a part of the Resident Cards (Forms I-551) contain two-year
Canadian government. or 10-year expiration dates. You should not
reverify an expired Alien Registration Receipt
12. Q. May I accept an expired document? Card/Permanent Resident Card (Form I-551).
Other DHS-issued documents, such as the
A. No. Expired documents are no longer Employment Authorization Document (Form
acceptable for Form I-9. However, you may I-766) also have expiration dates. These dates can
accept Employment Authorization Documents be found on the face of the document. Generally,
(Forms I-766) and Permanent Resident Cards Employment Authorization Documents (Forms
(Forms I-551) that appear to be expired on I-766) must be reverified upon expiration.
their face, but have been extended by USCIS.
14. Q. May I accept a photocopy of a document
presented by an employee?
For example, Temporary Protected Status
(TPS) beneficiaries whose Employment A. No. Employees must present original
Authorization Documents (Forms I-766) documents. The only exception is that an
appear to be expired may be automatically employee may present a certified copy of a
extended in a Federal Register notice birth certificate.
or, if the employee timely filed for a new
Employment Authorization Document (Form 15. Q. I noticed on Form I-9 that under List A there
I-766) the corresponding I-797C from USCIS are three spaces for document numbers and
indicating timely filing may be presented with expiration dates. Does this mean I have to see
the expired EAD to the employer as a List A three List A documents.
document. These individuals may continue
to work based on their expired Employment A. No. Form I-9 (Rev. 11/14/16 N) includes
Authorization Documents (Forms I-766) an expanded document entry area in Section
during the automatic extension period. When 2. The additional spaces are provided in case
the automatic extension of the Employment an employee presents a List A document that
Authorization Document (Form I-766) is really a combination of more than one
document. For example, an F-1 student in
curricular practical training may present, under
List A, a foreign passport, Form I-94/Form
I-94A and Form I-20 that specifies that you

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