I-9 and E-Verify

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Automatic Employment Authorization Document (EAD) extensions are confusing. Before you can figure out whether one of the various extensions applies, you need to identify the EAD category.

Certain EAD applicants are entitled to 180-day automatic extensions if they have pending, timely filed EAD renewal applications. The code on the face of the expired EAD indicates…

The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March 2020.

Historically, Form I-9 has required employers to physically inspect original documentation presented by employees in a face-to-face interaction. Over the years, workforces have…

As of January 1, 2023, Tennessee will require all private employers with at least 35 employees to use E-Verify and maintain E-Verify case results.

E-Verify is a federal electronic database intended to aid employers in confirming that the documentation provided by new hires to establish lawful employment eligibility is in fact valid. Except for federal…

As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals.

Currently, certain individuals with expiring employment authorization documents (EADs) can continue working for an additional 180 days as long as they have timely submitted for a…

I-9 flexibility is extended until October 31, 2022, due to continuing COVID-19 precautions.

The Department of Homeland Security (DHS) guidance remains the same and preparing for the possible end of the flexibility is still advised. Indeed, DHS stated, “[E]mployers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility for…

As of May 1, 2022, employers can no longer accept expired List B documents for Form I-9 Employment Eligibility Verification purposes, and any expired List B documents that were previously accepted must be updated by July 31, 2022.

Allowing employees to present these expired documents was a temporary policy instituted by the Department of…

A series of significant developments in U.S. immigration law has already marked the beginning of 2022 and more can be expected.  Please see our Legal Update for what to anticipate as the year progresses.

Consistent with the Biden Administration’s extensions for other countries, the Department of Homeland Security announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for both Sudan and South Sudan due to conditions in those countries that temporarily prevent their nationals from returning safely.

The specifics for South Sudan are published in the Federal…

In December 2021, Congressional Democrats tried to include immigration reforms in the Build Back Better Act (BBBA). Some of the proposals would have helped unauthorized immigrants by providing those eligible with parole and work authorization. The bill also would have reduced green card backlogs and provided some applicants with expedited green cards for a fee.…