On February 13, U.S. Citizenship and Immigration Services (USCIS) released a new version of the I-9 Handbook for Employers. This version provides supplemental information on properly completing the newly published Form I-9, which took effect January 22. Some of the notable changes are:
- USCIS provides additional guidance on how to properly complete an I-9 or reverify an employee when the new hire or employee presents an Employment Authorization Document (EAD) that has expired but receives an automatic extension, as detailed in today’s companion article. This change will require the employer to review the category code printed on the EAD to determine whether the individual is eligible for an automatic extension.
For Temporary Protected Status individuals, with (a)(12) or (c)(19) printed on the EAD, each designated country has different dates of automatic extension, which can be found in the Federal Register.
- USCIS clarified that a Native American tribal document issued by a tribe that has been recognized by the U.S. Bureau of Indian Affairs establishes both identity and employment authorization. The employer can document the tribal document under either List B or List C without needing to collect additional documentation. However, for E-Verify employers, if the document does not have a photograph, the employee will need to provide a List-B document with a photograph.
- USCIS also added some general guidance on how to correct errors in an I-9.
Please do not hesitate to contact MSEC’s Immigration Services Department with any I-9 questions.