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I-9 E-Verify Immigration Compliance

Employers Beware – EADs for Hondurans on TPS have been Automatically Extended

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By: Bruce Buchanan, Sebelist Buchanan Law



USCIS has automatically extended, through January 1, 2019, the validity of employment authorization cards for individuals with Temporary Protected Status from Honduras.

If your employee has an Employment Authorization Document (Form I-766, often referred to as an “EAD”) with an original expiration date of July 5, 2018 and containing the category code “A-12” or “C-19,” this EAD is automatically extended and the employee may continue to work without a new one (and without a receipt notice) through the end of the automatic extension period, January 1, 2019.

This automatic extension also covers individuals whose EADs contain the category code “A-12” or “C-19” and a January 5, 2018 expiration date, if those individuals applied for a new EAD during the last re-registration period and have not yet received their new EADs. These individuals may show their EAD indicating a January 5, 2018 expiration date and their EAD application receipt (Notice of Action, Form I-797C) that notes the application was received on or after December 15, 2017, as proof of continued employment authorization through January 1, 2019.

If this situation occurs for a current employee, in Section 1 of their I-9 form, the employee should:

• Cross out the “employment authorized until” date in Section 1;

• Write the date that is 180 days from the date their current EAD expires; and

• Initial and date the change.

If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.

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