USCIS Release New I-9 Guidance for Employers

May 4, 2020

 

 

What do Employers Need to Know:

 

USCIS has released updated I-9 guidance to Employers via a new M-274, Handbook for Employers, for completing the Form I-9.  The new handbook for employers can be found here: https://www.uscis.gov/i-9-central/handbook-employers-m-274.

 

M-274 Handbook for Employers Summary of Changes:

 

A full summary of changes from USCIS can be found here:

 https://www.uscis.gov/i-9-central/summary-changes

 

Major Guidance Changes:

 

Revised guidance states that employers should enter expiration date changes based on automatic extensions of documents in the Additional Information field in Section 2.  Revised guidance eliminated instructions to have the employee cross out and initial information in the “Alien authorized to work until” expiration date field in Section 1.

 

Revised guidance regarding cap-gap extension states that Employers will enter the receipt number from Form I-797C, Notice of Action as the employee’s Document Number in Section 2. Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, is no longer required.

 

Some New Content:

 

Section 4.4: Provides guidance on how to complete Form I-9 with EADs that qualify for automatic extension by Federal Register notices. 

 

For full instructions, click: https://www.uscis.gov/i-9-central/44-automatic-extensions-employment-authorization-documents-eads-certain-circumstances

 

Instructions for Completing the I-9:

 

In Section 1, new employees presenting an EAD automatically extended by a Federal Register notice must:

 

  • Select “An alien authorized to work until;” and

  • Enter the EAD automatic extension date provided in the appropriate Federal Register notice as the expiration date. Employers can find a link to each TPS country’s Federal Register notice on the 

 

In Section 2, the employer must:

 

  • Enter EAD in the Document Title field.

  • Enter the document number from the EAD with Category A12 or C19.

  • Enter the automatic extension date provided in the Federal Register notice as the document expiration date.

 

For a current employee, employers must update the Additional Information field in Section 2 when the employee’s EAD has been automatically extended. Enter EAD EXT and the EAD automatic extension date from the Federal Register notice in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.

 

I-9 Certification & Training:

 

If you have I-9 questions, or if your I-9 certification has lapsed, please consider registering for one of our live I-9 training webinars, taught by licensed and experienced corporate immigration attorneys, by clicking here: https://www.usimmigrationcompliance.com/training

 

 

 

 

 

 

Leyla McMullen

Business Immigration Attorney
MDIVANI CORPORATE IMMIGRATION LAW FIRM

uslegalimmigration.com/our-lawyers/leyla-mcmullen/

 

 

NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to our situation

 

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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