Want to Hire Someone but Their EAD Has Expired? There May Be Hope!
You’ve completed the arduous process of finding the perfect candidate for the job. But they present an expired EAD. Do you have to turn them away? Or is there another option? There might be. They could qualify for an automatic EAD extension.
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.)
Be aware that some category codes on the EAD may include the letter *P* (e.g., *C09P*). If that*s the case, disregard the letter *P* when comparing the category code to the receipt notice. That means *C09P* and *CO9* should be considered a match.
How should the employee fill out Section 1 of the Form I-9 if the employee does qualify?The new employee should select the option *An alien authorized to work until*. Then enter the day that the automatic extension period expires as the *employment authorized until mm/dd/yyyy* date. Do not list the expiration date listed on the EAD.
How should the employer fill out Section 2 of the Form I-9 if the employee does qualify?You must review both the I-797C Notice of Action and the expired EAD. Then enter the I-797C Notice of Action*s receipt number as the document number.
Under the Expiration Date field, enter the day that the automatic extension period expires, not the expiration date listed on the EAD.
How do I figure out the new expiration date?The new expiration date is exactly 180 days from the date the current EAD expires.
Be aware that the EAD immediately expires if the employee*s renewal application is denied, even if that occurs before this 180-day period is over.
When do I need to reverify?You must reverify when the automatic extension expires.
As usual, the employee must present a document from List A, a document from List C, or an acceptable List A or List C receipt described in the Form I-9 Instructions.
Do you want to hire a talented foreign national but just don*t see a way to make it happen?Consult with an immigration attorney. Sometimes when one path is closed, another opens up! But you won*t know unless you seek professional guidance.