We want to hear from you! E-Verify is now collecting comments on the updated Memorandum of Understanding (MOU)

E-Verify has made changes to the MOU to clarify and update user responsibilities.  If you are interested in providing feedback, visit the Federal Register where you can view a draft of the proposed MOU.  Select the E-Verify access method that applies to you, read the MOU, then follow the instructions to submit comments.  We would like to hear your suggestions on how improve the MOU.

If you provide feedback, indicate your user role in E-Verify, for example, an E-Verify Employer Agent or a Web Services Employer.  Also, if you have a suggestion about the wording or language used, please give us the specific sentence, Article (e.g. II), section (e.g. A), and paragraph number (e.g. 3).  For example:

“Dear E-Verify, I am using the Employer access method.  When I read the Employer MOU I noticed in Article II.A.3 that I must shut off an employee’s E-Verify access when they leave my company.”

All comments will be considered and could be used to revise the MOU.  E-Verify will summarize the comments received and respond to them when a request for approval of the new MOUs is submitted to the Office of Management and Budget.    

USCIS Announces Extension of EAD Expiration Date for Haiti TPS Beneficiaries

How do I determine if my employee’s expiring EAD has been automatically extended?

To determine if your employee’s expiring EAD has been automatically extended, you should:

1. Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is shown, the employee is a TPS beneficiary.
2. Look at the expiration date on the EAD. If the expiration date on the EAD is January 22, 2013, then the employee is a TPS beneficiary from Haiti and his or her EAD has been automatically extended. If a different category or expiration date is listed, then the employee is not a TPS beneficiary from Haiti, and the usual reverification rules apply.

If you determine that the employee’s EAD has been automatically extended, the employee remains authorized to work and is not required to present a new document for reverification until the extension expiration date of July 22, 2013.

How does my new employee complete Form I-9 (i.e., Employment Eligibility Verification) using an automatically extended EAD?

When a new employee presents an EAD that has been automatically extended when completing Form I-9 , the employee should complete Section 1 by:

1. Checking “An alien authorized to work;”
2. Writing his or her alien number (A-number) or USCIS number in the first space (the EAD or other document from DHS will have the employee’s A-number or USCIS number printed on it); and
3. Writing the automatic extension date of July 22, 2013, in the second space.

How do I, as an employer, complete Form I-9 (i.e., Employment Eligibility Verification) using an automatically extended EAD for a new hire?

When a new employee presents an EAD that has been automatically extended when completing Form I-9, the employer should complete Section 2 by:

1. Entering the document title, “Employment Authorization Document;”
2. Entering the name of the issuing authority, “DHS;”
3. Entering the document number (the A number or USCIS number); and
4. Entering the automatically extended EAD expiration date of July 22, 2013.

After July 22, 2013, employers must reverify the employee’s employment authorization in Section 3 of Form I-9.

How do I correct my existing employee’s Form I-9 to show his EAD has been automatically extended?

If your existing employee’s EAD has been automatically extended to July 22, 2013, you and your employee will need to correct his or her previously completed Form I-9.

The employee should correct Section 1 by:

1. Drawing a line through the expiration date in the second space;
2. Writing July 22, 2013, above the previous date;
3. Writing “EAD Ext.” in the margin of Section 1; and
4. Initialing and dating the correction in the margin of Section 1.

For Section 2, if the employee previously presented an EAD with a January 22, 2013, expiration date that was recorded on Form I-9, you should:

1. Draw a line through the EAD expiration date written in Section 2;
2. Write July 22, 2013, above the previous date;
3. Write “EAD Ext.” in the margin of Section 2; and
4. Initial and date the correction in the margin of Section 2.

 After July 22, 2013, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3.

As an employer enrolled in E-Verify, how do I create an E-Verify case for a new employee who has presented an automatically extended EAD?

If you hire a new employee who presents an automatically extended EAD when completing Form I-9, when you create the E-Verify case, enter the extended date as the expiration date, which is July 22, 2013.

As an employer enrolled in E-Verify, what do I do when I receive a “Work Authorization Documents Expiring” alert for an employee with an automatically extended EAD?

You will receive a “Work Authorization Documents Expiring” case alert in E-Verify when an employee’s EAD is about to expire. Usually, this message is an alert to complete Section 3 of Form I-9 to reverify an employee’s employment authorization. For existing employees with EADs that have been automatically extended, employers should dismiss the E-Verify case alert by clicking the red “X” in the “dismiss alert” column and follow the instructions above explaining how to correct Form I-9. After July 22, 2013, you must reverify the employee’s employment authorization in Section 3 of Form I-9. You should never use the E-Verify system to reverify an employee, but should only reverify employees on Form I-9. 

For more general information about TPS and Form I-9, consult the Handbook for Employers:  Instructions for Completing Form I-9 (M-274). 

ICE Extends Employment Authorization for Certain F-1 Students from Haiti

ICE published a notice in the Federal Register extending the effective date of an earlier notice that suspended certain requirements governing employment eligibility of F-1 students from Haiti who are experiencing severe economic hardship as a result of the January 12, 2010 earthquake in Haiti. Eligible F-1 students may obtain employment authorization, work an increased number of hours during the school term and, if necessary, reduce their course load, while continuing to maintain their F-1 student status. For more information, visit ICE’s Student and Exchange Visitor Program website at www.ice.gov/sevis

Showing Work Authorization with Form I-94

The Form I-94, Arrival-Departure Record, is a document that can show that you are allowed to work in the United States. Currently, U.S. Customs and Border Protection (CBP) may take up to 45 days after you arrive in the United States to put your Form I-94 information into its system. E-Verify uses this system to help confirm you are authorized to work. If your employer uses E-Verify, you may choose to present your unexpired foreign passport along with your unexpired Form I-94 when you and your employer complete the Form I-9, Employment Eligibility Verification, during the 45-day period.  Doing this may help avoid a delay in completing your E-Verify processing. For more information, please see the CBP website or call CBP at (877) CBP-5511 or TTD: (866) 880-6582. 

Continue to Use the Current Form I-9 for Employment Eligibility Verification

Until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

Subscribe to I-9 Central to receive Form I-9 updates.

Handbook for Employers (M-274) Now in Spanish

USCIS has published a Spanish version of the helpful M-274 Handbook for Employers. Previously this handbook was only available in English. Now in an effort to better serve our customers, USCIS has added the Handbook for Employers in Spanish to its list of foreign language resources. 

Just like the English Version, the Spanish M-274 Handbook for Employers  gives guidance to employers on how to properly complete the Form I-9, (Employment Eligibility Verification Form), and includes a questions and answers section.  

Somali Employees May be Eligible to Register for TPS and Obtain New Employment Authorization 

The Department of Homeland Security (DHS) has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Register notice.

USCIS encourages employers to ensure that Somali employees with TPS status know that they can re-register for TPS. Application packages must be completed during the 60-day re-registration period that runs from May 1, 2012, through July 2, 2012. Somali employees who re-register for TPS by the deadline will receive a new Employment Authorization Document in time for re-verification.

Somali employees (or persons without nationality who last habitually resided in Somalia) in the United States may register for TPS under the re-designation during the six-month period that runs from May 1, 2012 through Oct. 29, 2012. These individuals will be authorized to work in the United States once their TPS registration is accepted and they receive an EAD, or they may already be authorized to work under some other status.

Additional information on TPS for Somalia, including guidance on the application process, eligibility, and where to file, is available online at www.uscis.gov/tps. Further details on this extension and re-designation of Somalia for TPS, including the application requirements and procedures, may be found in the Federal Register notice.

Changes to Form I-797C, Notice of Action

On April 2, 2012, USCIS began issuing a new version of Form I-797C, Notice of Action, on plain bond paper rather than on secure paper. USCIS issues Form I-797C to acknowledge that USCIS has received an application, petition, or other document filed at a USCIS Service Center. If you have filed an application to replace a lost, stolen, or damaged document issued by DHS found on list A or C (e.g., Permanent Resident Card (Form I-551); Employment Authorization Document (Form I-766)), USCIS will issue Form I-797C after accepting the filing. The new version of Form I-797C prominently displays the statement “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” Notwithstanding this statement, a Form I-797C receipt notice for the application to replace a lost, stolen, or damaged document continues to be an acceptable receipt for Form I-9 purposes for 90 days. For more information about the new Form I-797C, please click here. 

Eligible Syrian F-1 Students May Reduce School Hours, Increase Work Hours

ICE published a notice in the Federal Register on April 3 suspending certain regulatory requirements to allow eligible Syrian F-1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load while continuing to maintain their F-1 student status. For more information, please see the ICE fact sheet. 

USCIS Seeking Public Comment on Revisions to Form I-9

U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register on March 27, 2012, inviting public comment on several revisions to Form I-9, Employment Eligibility Verification.  The revisions to Form I-9 include:

• Changes to Section 1
• Expanded instructions
• Revised layout

The public is invited to comment until October 14, 2012, on the revisions under consideration.  For more information, see the USCIS Update. USCIS will post information regarding any new version of Form I-9 on I-9 Central.  Until a new version is approved and posted, employers must continue to use the current version of the form.