Query: An worker’s Employment Authorization Doc (EAD), Type I-766, has expired and so they say they haven’t obtained a brand new card however they utilized for renewal and their work authorization has been robotically prolonged. How can we inform whether or not they’re nonetheless eligible to work for functions of updating the Type I-9?
Reply: Begin by reviewing the knowledge the worker supplied. The unique EAD ought to have a code indicating what class U.S. Citizenship and Immigration Companies (USCIS) has assigned to them. For instance, A12 is a class for Momentary Protected Standing (TPS) and C08 is a class for asylees. As soon as you recognize the class, you need to be capable of discover details about whether or not the worker’s eligibility has been robotically prolonged.
Subsequent ask whether or not they obtained a USCIS doc verifying receipt of their software for renewal of their work authorization and offering an extension. If that’s the case, that doc might say that their standing has been robotically prolonged for a specified interval. If the USCIS discover gives an extension of 540 days, you’ll be able to depend on that (though if the USCIS in the end denies the appliance, the denial will lower that interval brief). If the USCIS discover signifies that the automated extension is for less than 180 days, you have to to perform a little digging to see whether or not the determine is definitely 540 days. On Might 4, 2022, and April 4, 2024, USCIS issued two separate rules that quickly change the 180-day extension with a 540-day extension in lots of circumstances.
Listed here are some USCIS webpages you’ll be able to examine, if the USCIS paperwork described above don’t give a transparent reply. For every class, you need to pay shut consideration to the dates of eligibility and the documentation (if any) required. These webpages embrace:
Ideas: When asking for any I-9 info, keep in mind to offer the worker a duplicate of the Type I-9 Listing of Acceptable paperwork, in addition to the directions for the shape, so the worker is free to decide on what paperwork to offer. The newest model is dated 08/01/23 and is offered right here. For extra info, see our Authorized Information, At a Look: Type I-9.
