Form I-9 Related News

Secretary of Homeland Security Alejandro Mayorkas designated Temporary Protected Status (TPS) for Afghanistan, for 18 months, effective May 20, 2022, through Nov. 20, 2023. Afghan nationals and individuals having no nationality who last habitually resided in Afghanistan may submit an initial registration application under the designation for TPS for Afghanistan and apply for an EAD during the 18-month registration period that begins May 20, 2022, and ends on Nov. 20, 2023. Once a TPS beneficiary is granted TPS and receives an EAD with a category code of A12 or C19, they are authorized to work. For additional information, see the Federal Register notice designating Afghanistan for TPS as well as the USCIS TPS webpage.

As of January 30, 2022, USCIS and Customs and Border Protection (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.

On May 4, 2022, the Department of Homeland Security published a temporary final rule (87 FR 26614) that temporarily increases the automatic extension period to up to 540 days for employment authorization and/or Employment Authorization Documents (EAD, Form I-766) available to certain applicants who have filed Form I-765, Application for Employment Authorization, renewal applications.

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. This temporary guidance was set to expire April 30, 2022. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until Oct. 31, 2022.

Secretary of Homeland Security Alejandro Mayorkas designated Temporary Protected Status (TPS) for Ukraine, for 18 months, effective April 19, 2022, through Oct. 29, 2023. Ukrainian nationals and individuals having no nationality who last habitually resided in Ukraine may submit an initial registration application under the designation for TPS for Ukraine 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.  

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.