In a significant update for Temporary Protected Status (TPS) beneficiaries, the United States Citizenship and Immigration Services (USCIS) has announced an extension of Employment Authorization Documents (EADs). This extension aims to ensure that individuals under TPS can continue working without interruption while their status is being processed or renewed.
USCIS is issuing Form I-797, Notice of Action, to specific TPS beneficiaries who are eligible to re-register for TPS or have a pending application to renew their Form I-766, EAD. This notice extends the validity of their EADs through March 9, 2025.
Eligible TPS beneficiaries can present their Form I-797, along with their TPS-based EAD (those with an A12 or C19 code) to their employers. This combination serves as proof of continued employment authorization through March 9, 2025. For employers, this combination is considered an unexpired EAD for Form I-9 purposes, which is critical for verifying employment eligibility.
When updating or completing Form I-9, employers should enter March 9, 2025 as the new expiration date of the automatically extended EADs. This ensures compliance with employment verification requirements and helps avoid any potential legal issues regarding employment authorization. Employer would have to reverify the employee before they start work on March 10, 2025.
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