I-9 Verification of Current Employee with Automatic EAD Extension
As EAD extension delays become more common, so does the need to verify employees who are subject to a 180-day automatic extension.
In this article, you’ll learn how to complete the process for current employees. Check back next month to learn how to handle it for new employees.
What should the employer do first?
- The category code on the EAD must match one of these categories: A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31, and A12 or C19.
- The “received date” on the Form 1-797C must be on or before the “card expires” date listed on the EAD.
- The category code on the EAD must match the category code on the Form I-797C. (A12 and C19 should be considered the same code.)
How should the employer update the Form I-9 if the employee does qualify?
The employer must update Section 2 of the Form I-9 by:
- Crossing out the previous expiration date;
- Writing the new expiration date in the margin;
- And initialing and dating the change.
How do I figure out the new expiration date?
The new expiration date is exactly 180 days from the date the current EAD expires.
Should I fill out Section 3?
No, you should not complete Section 3 at this time. An automatic EAD extension is not considered a reverification.
Instead, wait to fill out Section 3 until the end of the 180-day extension or when the employee presents a new document showing continued employment authorization, whichever is sooner.
What are other resources I can consult for questions or concerns?
- The USCIS Fact Sheet about Automatic Extensions
- Section 4.2 of the USCIS Handbook for Employers M-274
- Giselle Carson and the Marks Gray Immigration Team
Don’t hesitate to reach out to us with your questions about I-9 verification or any other business immigration and compliance issues. And check back next month to learn how to complete the I-9 for new employees who are subject to a 180-day automatic extension.Share