On June 20, 2024, USCIS announced that they are extending the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua and Sudan through March 9, 2025. USCIS will send a Form I-797, Notice of Action, notifying employees affected by this extension. Employees that are current TPS beneficiaries under one of these designations, who have not yet re-registered for TPS under the most recent extension for that designation, must submit Form I-821, Application for Temporary Protected Status, during the current re-registration period to keep their TPS benefits.

This extension will be based on an individual notice that USCIS will send to affected employees.

New employees who are TPS beneficiaries may present the individual notice, along with their EAD with a Category Code of A12 or C19, to complete Form I-9 form. This document combination is considered an unexpired EAD for Form I-9 purposes. Employers should ensure the employee’s name and A-Number or USCIS Number on the EAD matches the name and A-Number or USCIS Number, provided in the individual notice.

How to Complete Form I-9 for EADs Extended by Individual Notices for New Employees

In Section 1, new employees presenting an EAD that is automatically extended by an individual notice must:

• Select “A noncitizen authorized to work until;” and
• Enter the EAD automatic extension date provided in the individual notice as the expiration date.

In Section 2, in the List A column, the employer must:

• Enter EAD in the Document Title field.
• Enter the document number from the EAD with Category A12 or C19, as applicable.
• Enter the automatic extension date provided in the individual notice as the document expiration date.

How to Complete Form I-9 for EADs Extended by Individual Notices for Current Employees

For a current employee whose EAD has been automatically extended by individual notice, employers must provide updated information on Form I-9. Employers should enter “EAD EXT” and the EAD automatic extension date from the individual notice in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.  Note that if the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, enter “EAD EXT” and the new expiration date in the Additional Information field in Section 2 of the latest version of Form I-9 and retain it with the employee’s original Form I-9.

Employers must reverify employees with the automatically extended EADs before they start work on March 10, 2025.

When completing or updating Form I-9, Employment Eligibility Verification, employers should follow the chart below to determine the new expiration date of the employee’s automatically extended EAD and when you must reverify the employee by: