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What to do when your student employee has expired Employment Authorization Documentation and no receipt notice yet

August 23, 2018

 

We receive many questions regarding the work authorization of students presenting an expired Employment Authorization Document (EAD) and how to record their documentation on the Form I-9, if they are work authorized.  This article addresses the specific situation of when a student has an expired EAD and NO receipt notice yet. For guidance regarding an expired EAD with receipt notice, see our previous article on automatic extensions of EADs.

 

Example:  Student presents an Expired EAD and an endorsed Form I-20 recommending a STEM extension, but no receipt notice for the new EAD yet.

 

  • Employer’s HR should update Form I-9.  Enter the following information under List A in Section 2:

  • EAD document title

  • EAD document number

  • Date the EAD expired in the expiration date space, and

  • “180-day ext.” in the Additional Information field.

 

ONCE EAD IS APPROVED:

 

The expired EAD with an endorsed Form I-20 is acceptable until USCIS makes a decision on the student’s application, but for not more than180 days from the date the student’s initial OPT EAD expires. Employment authorization must be re-verified after 180 days from the date the EAD expires to continue employment authorization. 

 

  • Once the employee has the new EAD, he should bring it to HR and they should record it in Section 3

 

 

 

 

 

 

 

 

 

 

Leyla McMullen

Business Immigration Attorney
MDIVANI CORPORATE IMMIGRATION LAW FIRM
 

 

 

The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem.  Information provided in this blog, or any of our other public posts does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.

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