Completing Form I-9 for Employees With Extended Work Permit Delays : Immigration Law Blog

Candidates for Deferred Motion for Childhood Arrivals (DACA) obtain a piece allow within the type of the Employment Authorization Doc (EAD), which is topic to well timed renewal. Owing to COVID-19, the USA Citizenship and Immigration Providers (USCIS) is going through substantial delay in processing EAD purposes. DACA recipients have been in limbo, because the delay in processing threw them out of labor. To treatment this case, the USCIS, on January 21, 2021, issued a launch advising staff the way to deal with this case for the needs of finishing Kind I-9, Employment Eligibility Verification. Now, staff can use their expired EAD card together with the I-797 Extension Discover for verification as a sound work allow.

Finishing Kind I-9

When finishing Kind I-9, staff can enter the top validity date from the discover within the “Licensed to Work Till” subject. They’ll current their unexpired EADs with the class code C33 that was issued on or after July 28, 2020. They’ll additionally submit their I-797 Extension Discover issued by the USCIS for DACA renewal for verification.

Employers should enter the validity date from their worker’s discover within the “Expiration Date” subject in Part 2 of the shape. Moreover, they have to “Enter DACA Ext.” within the “Further Info” subject. Employers may also re-verify present staff earlier than re-verification is required if their worker presents this mix of EAD with class C33 and I-797 extension discover. Employers should enter the discover expiration date in Part 3 and observe within the further data subject in Part 2 that it’s a DACA extension.

Pending Extensions for Everlasting Resident Playing cards

On the same observe, the USCIS issued a press launch on January 12, 2021, stating that it’s issuing notices extending the validity of the Everlasting Resident Playing cards (PRC) for many who have utilized for Kind I-90, Utility to Exchange Everlasting Resident Card. Authorized Everlasting Residents (LPR) who apply to increase the validity of their Everlasting Resident Card will, going ahead, obtain a Kind I-797, Discover of Motion. LPRs file Kind I-90, Utility to Exchange Everlasting Resident Card, when their playing cards expire or are about to run out.

This I-797 discover will function a receipt discover for Kind I-90, Utility to Exchange Everlasting Resident Card, and lengthen the validity of the PRC by 12 months from the date on the entrance of the PRC. LPRs can present this discover for Kind I-9, Employment Eligibility Verification, functions. Employers can use this data for finishing Kind I-9, Employment Eligibility Verification, and embrace “PRC Ext” within the “further data” field. Employers should additionally retain copies of each the PRC and Kind I-797 with the worker’s Kind I-9, Employment Eligibility Verification. Employers could not reverify LPRs who current this doc mixture.

To study extra about this weblog publish or you probably have some other immigration considerations, please be at liberty to contact me at rglahoud@norris-law.com or (484) 544-0022.