DHS has extended the expiration date of certain TPS beneficiary’s EAD by Federal Register notice. The notice provides an extension of the EAD expiration date based on the EAD “Card Expires” date and the category code of A12 or C19 that your employee presents for Form I-9. These notices provide instructions for completing or updating Form I-9. Employers may not require employees to prove they are a national of a country that DHS has designated for TPS. TPS beneficiaries are not required to present a Form I-797C confirming that they reregistered for TPS. However, please refer to the specific Federal Register notice for your employee’s TPS-designated country for additional guidance to determine if employees need to confirm that they applied for a new EAD: https://www.uscis.gov/humanitarian/temporary-protected-status.
To complete Form I-9, in Section 1, new employees presenting an EAD automatically extended by a Federal Register notice must:
- Select “An alien authorized to work until;” and
- Enter the EAD automatic extension date provided in the appropriate Federal notice as the expiration date. Employers can find a link to each TPS country’s Federal Register notice on the USCIS TPS webpage: https://www.uscis.gov/humanitarian/temporary-protected-status
In section 2, the employer must:
- Enter EAD in the Document Title field;
- Enter the document number from the EAD with Category A12 or C19; and
- Enter the automatic extension date provided in the Federal Register notice as the document expiration date
For a current employee, employers must update the Additional Information field in Section 2 when the employee’s EAD has been automatically extended. Enter EAD EXT and the EAD automatic extension date from the Federal Register notice in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.
Employers must reverify employees when their automatic extension ends, no later than the date their work authorization expires. Employers can reverify them before the automatic extension ends if employees present any document that shows current employment authorization, such as any document from List A or C.
How We Can Help
Feldman Feldman & Associates has a long and dedicated track record of successfully assisting employees and employers with their immigration needs. If you are an employee or employer with an immigration issue or question, we are here to help. If you have any questions or would like our assistance with Employment Authorization Documents or any other immigration matter, please feel free to make an appointment online at https://immigrateme.com/contact-us/ or at (619) 299-9600.
