Employers: An Expired Employment Authorization Document Might Become a Commonly Accepted List A Document for Form I-9

USCIS has published a new rule which aims to improve certain aspects of employment-based immigration.

This rule will automatically extend the validity of Employment Authorization Documents (EADs or Form I-766) for certain individuals who apply on time to renew their EADs in the same employment eligibility category.

The rule states that, in these situations, an employee who has an expired EAD will be able to provide that expired EAD in combination with Form I-797C, Notice of Action, for the renewal application as a List A document for Form I-9.

The rule is scheduled to be effective Jan. 17, 2017. We will provide more information and guidance regarding the automatic extension and other Form I-9 aspects of the rule as they become available.