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 For material older than three years or that is no longer current, see our Archive News section.
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.
On April 1, 2022, USCIS will dispose of E-Verify records that are more than 10 years old, which are those dated on or before Dec. 31, 2011. E-Verify employers have until March 31, 2022, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases.
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.
Effective November 12th, 2021, USCIS automatically extended employment authorization for foreign nationals in certain employment eligibility categories who file Form I-765, Application for Employment Authorization, to renew their EADs may receive automatic extensions of their employment authorization and/or EAD for up to 180 days.
This includes eligible L-2 nonimmigrants who are the dependent spouses of L-1 nonimmigrants and eligible E nonimmigrants who are the dependent spouses of E-1, E-2, and E-3 nonimmigrants. USCIS also announced that automatically extended employment authorization for eligible H-4 nonimmigrants who are dependent spouses of H-1B nonimmigrants. For more information, please see the USCIS Policy Alert (PDF, 498.85 KB).
The Department of Homeland Security (DHS) is seeking to explore alternative options to physical document examination that offer an equivalent or higher level of security for identity and employment eligibility verification purposes. In order to gather public input, DHS published a 60-day Request for Public Input in the Federal Register regarding document examination practices when completing Form I-9, Employment Eligibility Verification.
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