Please reload

Recent Posts

Pizzerias, LLC Ordered to Pay Fines and Train HR for Immigration-related Discrimination

March 27, 2017

1/9
Please reload

Featured Posts

Temporary Protective Status (TPS) for El Salvador to be continued under Ramos v. Nielsen: 5 things Employers need to Know

March 15, 2019

 

1. According to a Federal Register notice on March 1, 2019 by U.S. Citizen and Immigration Services (USCIS), the Department of Homeland Security (DHS) may not terminate Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti and El Salvador while the preliminary injunction order of Ramos V. Nielsen remains in effect. The notice explains that the DHS is automatically extending the validity of TPS-related Employment Authorization Documents (EADs), Forms I-797, Notice of Action, and Forms I-94 through January 2, 2020, provided that the affected beneficiaries remain otherwise eligible for TPS.

 

2. The notice states that beneficiaries under these TPS designations may present the Federal Register notice cited above and their EAD to their employer to demonstrate identity and continued TPS-related employment eligibility for the Form I-9 requirements. The presented EAD must contain a category code of A-12 or C-19 and have one of the following expiration dates:

07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
11/02/2018
01/05/2019
04/02/2019
07/22/2019
09/09/2019

 

3. USCIS reminds employers that they may not reject an employee's document based on a future expiration date, nor may they require documentation that does not appear on the Lists of Acceptable Documents.

 

4. The employer is required by law to ask the current employee about his/her continued employment authorization, and the employee will need to present the evidence stated above in point 2.

 

5. What to do on Form I-9:

-Determine if EAD has been auto-extended if it contains a category code of A-12 or C-19 and one of the expiration dates listed above in point 2.

-If eligible for auto-extension: draw a line through expiration date in Section 2 (or 3), write January 2, 2020, Sign and Date correction.

-Put a copy of the linked notice in the I-9 file.

-Calendar re-verification for updated work authorization by January 3, 2020.

 

 

 

 

 

 

 

 

 

 

Danielle Atchison

Business Immigration Lawyer

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.

Share on Facebook
Share on Twitter
Please reload

Follow Us
Please reload

Search By Tags