The Work Authorization Docs Expiring case alert is a notification that an employee's Employment Authorization Document (Form I-766) or Arrival-Departure Record (Form I 94) document is expiring. Cards issued before May 1, 2017: Cards issued after May 1, 2017. Due to recent increases in USCIS processing times, an international person who is permitted to apply for EAD should do so at least six months before employment … When hiring a person to work in a remote location, the employer can designate an agent to carry out the employer's I-9 responsibilities. An Employment Authorization Document is also known as an EAD or a work permit. Are their concerns valid ? For the best results, submit your application for renewal at least 90 days before the expiration date, so you receive your new card before the … Enter the document number from the EAD with Category A12 or C19. In the Expiration Date field, enter the date 180 days from the “Card Expires” date on the EAD. You cannot file for a renewal EAD more than 120 days before your original EAD expires. Simply applying for OPT does not give the employee any work authorization, as his/her I-20 has expired. Upon reverification, workers can present any valid List A document or List C document, such as an unexpired EAD or an unrestricted Social Security card. If your employee’s EAD has been automatically extended, you will receive a Work Authorization Documents Expiring case alert when the auto-extension period for this EAD is about to expire. See below for information on TPS-based EAD auto-extensions that may not require Form I-797C, Notice of Action. The Form I-9 is an employment verification document that the employer uses to verify your identity and employment authorization. The I-9 Form must be completed for each new employee regardless of her national origin or whether the employee is a U.S. citizen. 0 First, you do not have to proactively tell your employer that your Employment Authorization Document (EAD) will expire and that you will not be able to renew it when it does. They may continue to live and work in the U.S.; they do not lose the right to live and work in America only because their green cards are expired. Other INS-issued documents, such as the Temporary Resident Card (I-688) and the Employment Authorization Card (I-688A or I-688B) also have expiration dates. STEM OPT approval comes in the form of a new Employment Authorization Document (EAD). The validity of an EAD will change depending on the category through which you received the document. Share sensitive information only on official, secure websites. U.S. The rules for when an employer must ask for documents again are discussed in the Handbook for Employers and at 8 C.F.R. Examples below. As the name suggests, an employment authorization card (EAD) authorizes the person to work in the United States. The category may appear on Form I-797C in the Class Requested field. [�K��� �����+�����}������_�:�u�'�{. %%EOF You may not require employees to prove they are a national of a country that DHS has designated for TPS. Although employment authorization for this class is automatic, many people within this class still are required to submit an Application for Employment Authorization (Form I-765) if they would like to receive an EAD as evidence of their employment authorization or immigration status to provide to employers or law enforcement agents. During this process, a U.S. employer sponsors the foreign national for a green card. You must reject a restricted Social Security card and ask the employee to provide a different document … See these instructions for more information on how the remote hire should complete the online I-9, or contact the Office of Human Resources at 4 … The new Green Card and EADs will: For a current employee, employers must update the Additional Information field in Section 2 when the employee’s EAD has been automatically extended. Employers must be informed of each new employee's SIN within three (3) days after the day on which their employment begins, and maintain a record of the SIN of the employee so they can provide him or her with Records of Employment and various year-end reporting slips such as the T4 for income tax purposes. Under the OSH law, employers have a responsibility to provide a safe workplace. In limited situations, employers may accept a document that appears expired on its face for Form I-9 verification. These are just some examples. This alert is intended as a reminder to reverify the employee by completing Section 3 of Form I-9. 15 Send an email to the staff member, once the EAC is received from the DOS. During this 90 days, USCIS will manufacture an Employment Authorization Document that will be sent directly to the refugee. The nonimmigrant presents the replacement document within 90 days of the hire, or in the cases of reverification, the date the employment authorization expires. Employees must have filed an application to renew their EAD before it expires (except certain employees with Temporary Protected Status (TPS)), and the application remains pending; The eligibility category on the front of the EAD is the same eligibility category on the employee’s Form I-797C, Notice of Action (except employees with TPS who may have a C19/A12 combination); and, Current EAD eligibility categories for a 180-day automatic extension are A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31, and A12 or C19. But, the common sense says that employer has to file form I9 for each employee and it can only be filed if you have valid work authorization in USA.. TPS beneficiaries are not required to present a Form I-797C confirming that they reregistered for TPS. An automatic EAD extension depends on these requirements: An EAD that appears to be expired is automatically extended when the employee also presents a Form I-797C that shows a timely filed EAD renewal application. Your employer was wrong to fire you because your card expired. Your key responsibilities Request each new employee's SIN within three (3) days after the day on which their employment begins. The alert indicates the date that you must reverify their employment authorization in Section 3 of Form I-9. Your employer will most likely lay you off when your work authorization expires, since you will no longer have legal authorization to work. My employee’s Form I-766, Employment Authorization Document (EAD), is about to expire and he does not have a new one. Requiring more documentation is a common mistake that could result in an investigation by the OSC. Except as explained below for TPS beneficiaries, this date should be on or before the “Card Expires” date on the EAD. Can I show my employer that I have applied for a new one? � GE�iTQ"CE��b�2^��X��N�2"��L�)�D���9A�a^��)��h�r�A0�C����[:��aD's��w������Y �&���&����T�څ2#��H�ڄb#U���Y�y��4D=R�EP;(�q�U(� �p�F�[��r�HC�M�]��e��i~��(on[b���n�L ��E��2��P&�\ �ļ�pa�g,�0g�M�bj|x�ᆬ��B�����h���@�����7��e`*�p20�_ ���9�Hg00�;��( � O�~� Could his EAD have been automatically extended? Employees With EAD - Rules & Regulations. Green Card Renewal . You may have a legal claim. Citizenship and Immigration Services (USCIS) began issuing the redesigned Permanent Resident Card (also known as a Green Card) and Employment Authorization Document (EAD). h�bbd``b`N��@�`��& ��`R\�@�#�} ����r����O �� The filing date (the date USCIS received the application) appears in the Received Date field. The Employment Authorization Document is also simply known as an EAD but can also be referred to as a … The employer must review a physical copy of your valid green card. You must reverify an employee’s employment authorization no later than the date employment authorization expires. The notice provides an extension of the EAD expiration date based on the EAD “Card Expires” date and the category code of A12 or C19 that your employee presents for Form I-9. How to Apply for an EAD? Citizenship (Forms N-560 or N-561)Certificate of Naturalization (Forms N-550 or N-570)Unexpired foreign passport with an attached Form I-94 indicating unexpired employment authorization; Permanent Resident Card or Alien Registration Receipt Card with photograph (Form I-551)Unexpired Temporary Resident Card (Form I-688) You are not allowed to work with an expired EAD. of Homeland Security. In Section 1, new employees presenting an EAD automatically extended by a Federal Register notice must: For a current employee, employers must update the Additional Information field in Section 2 when the employee’s EAD has been automatically extended. Your employer was wrong to fire you because your card expired. 1360 0 obj <> endobj The employer cannot legally accept a photocopy or expired card. It may be obtained by filing form I-765 with the USCIS by a person who is in one of more than 40 different categories. If an employee has applied for an extension of an employment authorization document (EAD), but does not have the document at the time of reverification, an employer is not required to terminate that employee as long as the decision is consistent with its internal workplace policies. Form I-130. The Work Authorization Docs Expiring case alert is a notification that an employee's Employment Authorization Document (Form I-766) or Arrival-Departure Record (Form I 94) document is expiring. When an employee’s employment authorization expires, the employer must reverify his or her employment eligibility. The employer must review a physical copy of your valid green card. ��ؑU�����Ǘ�?�S�hٳ�����N��nX��w�{h���*! The eligible categories are published on the USCIS, Select “An alien authorized to work until;” and. USCIS issues a green card to all individuals who file the proper paperwork, and meet the requirements to become a legal permanent resident. Approval. Section 3 should only be completed when Generally, an employer will want to see the card before an employee can begin work. If you do not see this field, see Sample 2 below. To find the eligibility category on your employee’s EAD, see Figure 7 below: The eligibility category appears on the EAD under Category. The EAD and Form I-797C must have the same qualifying eligibility category as that on the expired EAD. RECOMMENDED: Expired Green Card Creates Big Problems The Form I-9 is an employment verification document that the employer uses to verify your identity and employment authorization. 1369 0 obj <>/Filter/FlateDecode/ID[]/Index[1360 26]/Info 1359 0 R/Length 63/Prev 155762/Root 1361 0 R/Size 1386/Type/XRef/W[1 2 1]>>stream Official websites use .gov A green card, often referred to as a permanent resident card or Form I-551, is issued by the U.S. What is the Validity of an Employment Authorization Card? It can also serve as a government-issued photo identification. Enter the receipt number from Form I-797C in the Document Number field. The card is physical proof of employment authorization. Citizenship and Immigration Service (USCIS). an employment authorization document (EAD). That clearly puts employers in a catch-22. The employee must present a document that shows current employment authorization, such as any document from List A or C, including an unrestricted Social Security card. endstream endobj startxref Maybe your employer doesn't know that your application can be used as verification. This redesign is part of the Next Generation Secure Identification Document Project. If your employment authorization document is expiring and you need to renew it, you should do so between three and six months before it expires. Also, you do not have to tell your employer that you received your work authorization through the DACA program. Your employee’s employment authorization or documentation of employment authorization has expired ("reverification"). Do I have a grace period or must I terminate my employment immediately after it expires? However, the 1989 revised version of the Alien Registration Receipt Card (I-551), which is rose-colored with computer readable data on the back, features a 2-year or 10-year expiration date. Anyone who is authorized to work in the U.S. will have A number. To find more information about the employer responsibilities listed above, please visit the Study in the States website of the Dept. The receipt number appears on Form I-797C in the Receipt Number field. The extension begins on the date the EAD expires and continues for up to 180 days, unless USCIS denies the renewal application. The reverification should occur no later than the date the employee’s work authorization expires. You must reverify employees when their automatic extension ends, no later than the date their work authorization expires. First, you do not have to proactively tell your employer that your Employment Authorization Document (EAD) will expire and that you will not be able to renew it when it does. I applied for a new one a week ago. Examples below. 3. For more information about the employment authorization verification process, see our I-9 Central page. Assuming the employment relation is "at will," the employer can fire or lay off the employee at any time; and the employee is free to quit at any time. Now, as long as the employee files an application for a new EAD card any time before the prior card expires, the law will deem the prior card automatically extended for 180 days. To find more information about the employer responsibilities listed above, please visit the Study in the States website of the Dept. For example, EAD EXT mm/dd/yyyy. On May 1, 2017, U.S. A .gov website belongs to an official government organization in the United States. The filing date (the date USCIS received the application) appears in the Received Date field. However, please refer to the Federal Register notice for additional guidance to determine if employees need to confirm that they applied for a new EAD. You can reverify them before the automatic extension ends if they present any document that shows current employment authorization, such as any document from List A or C. Last Reviewed/Updated: 04/27/2020 Human Resource Services will send a monthly report to Divisional Fiscal Officers (DFO) and CAPS Center Leads. Sample Letter: Reverification of Employment Authorization You may wish to use the sample letter on the next page if you are a worker in California who completed the I-9 form when you were hired, and your employer has now asked you to provide more or different documents to re-verify your eligibility to work in the United States. The employer cannot legally accept a photocopy or expired card. I am an employer with an employee that has an expired Employment authorization card. %PDF-1.5 %���� Please let me know - thanks. International persons in certain immigration statuses may have an EAD issued by USCIS. Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Form N-400 Return to top loss of U.S. employment authorization: termination of the immigration status that conferred the authorization, and/or expiration of employment authorization documentation, or EAD. Employers can find a link to each TPS country’s Federal Register notice on the. It is also known as a Form I-766. To do this, employers can ask their potential employees to provide proof of citizenship (like a U.S. passport), proof of permanent residency (a green card) or an Employment Authorization Card (EAD). Name: Name of the cardholder who is authorized to be employed. The receipt number appears on Form I-797C, Notice of Action, in the Receipt Number field. As a rule, if an employee in the United States is unable to produce a valid, unexpired work authorization document to complete the Form I-9 process (for a new hire) or by the date that his or her prior authorization is due to expire (for a current employee), you cannot continue the employment. An Employment Authorization Document is given to those immigrants who are legally eligible to work in the United States while in the country. For foreign nationals sponsored by their employers to work in the United States, lawful status depends on continuing employment with a sponsoring employer. I know I have to apply for renewal 90 days before my current one expires, but I moved and the date of hearing have been changed less than a month before my EAD was expired. If your employee’s EAD has been automatically extended, you will receive a Work Authorization Documents Expiring case alert when the auto-extension period for this EAD is about to expire. Once a union authorization card is signed, the cards are generally considered valid for approximately 12 months – but there is no firm rule on when your signature expires. OPT, the employee must have his/her Employment Authorization Card in hand. There is NO official guidance from USCIS on this topic. My EAD expires Jan 18. When an employer who has hired a refugee completes a Form I-9 on behalf of the employee, the employer should accept the I-94 card as evidence of 90 days of employment authorization beginning on the day the employee is hired. Family-Based Green Card Petition . Employers should enter EAD EXT and the 180-day auto-extended date in the Additional Information field in Section 2. Your employer may reverify your employment eligibility — and ask to see your document again — if your document is about to expire or has already expired. You must have valid proof of your work authorization in order to work in the U.S. �l�u�ס�e�1n� *�D����d��u�x,kq```\\6c�����TId���3����3�]�M¤�\0�2"�\�A�5�lC��q�x$�H kG�FGGC�GGGc��:; �T� )�@L� The employer could rely on the expiration of the Employment Authorization Document (EAD/Form I-766) to determine that the employee could no … Correctly identify employees with the help of pieces of identification before finalizing their employment documents. To complete the EAD application, there are a few steps which you must follow, as outlined below. The EAD, as pictured below, is also known as an employment authorization card or work permit. You may have a legal claim. From their perspective, it is valid as … STEM OPT approval comes in the form of a new Employment Authorization Document (EAD). Employers should complete Section 3 of Form I-9 when updating and re-verifying the employment authorization of an employee whose previous valid authorization has expired. However, during the time between the expiration of an employee's EAD and when the employee presents new work authorization documentation, the employee … It is important that you are viewing the correct documents, in the correct place, when completing I- The expiration date appears to the right of Card Expires. In most cases, an EAD will be valid for one year, and then you’d have to renew. Expired work authorization My work authorization card expired month ago, I applied for a renewal, received a receipt but my current employer can't accept it. Finding the Auto-Extended EAD Expiration Date on the I-797C: Sample 2. Your employer should not ask for your documents again since you have authorization to work in the U.S. permanently based on your status. For TPS EAD extension information, visit USCIS TPS or I-9 Central TPS. 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