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.
What should the employer check 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.
Do you need additional assistance?Don*t hesitate to reach out to us with your questions about I-9 verification or any other business immigration and compliance issues.