Showing Work Authorization with Form I-94

The Form I-94, Arrival-Departure Record, is a document that can show that you are allowed to work in the United States. Currently, U.S. Customs and Border Protection (CBP) may take up to 45 days after you arrive in the United States to put your Form I-94 information into its system. E-Verify uses this system to help confirm you are authorized to work. If your employer uses E-Verify, you may choose to present your unexpired foreign passport along with your unexpired Form I-94 when you and your employer complete the Form I-9, Employment Eligibility Verification, during the 45-day period.  Doing this may help avoid a delay in completing your E-Verify processing. For more information, please see the CBP website or call CBP at (877) CBP-5511 or TTD: (866) 880-6582. 

Continue to Use the Current Form I-9 for Employment Eligibility Verification

Until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

Subscribe to I-9 Central to receive Form I-9 updates.

Handbook for Employers (M-274) Now in Spanish

USCIS has published a Spanish version of the helpful M-274 Handbook for Employers. Previously this handbook was only available in English. Now in an effort to better serve our customers, USCIS has added the Handbook for Employers in Spanish to its list of foreign language resources. 

Just like the English Version, the Spanish M-274 Handbook for Employers  gives guidance to employers on how to properly complete the Form I-9, (Employment Eligibility Verification Form), and includes a questions and answers section.  

Somali Employees May be Eligible to Register for TPS and Obtain New Employment Authorization 

The Department of Homeland Security (DHS) has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Register notice.

USCIS encourages employers to ensure that Somali employees with TPS status know that they can re-register for TPS. Application packages must be completed during the 60-day re-registration period that runs from May 1, 2012, through July 2, 2012. Somali employees who re-register for TPS by the deadline will receive a new Employment Authorization Document in time for re-verification.

Somali employees (or persons without nationality who last habitually resided in Somalia) in the United States may register for TPS under the re-designation during the six-month period that runs from May 1, 2012 through Oct. 29, 2012. These individuals will be authorized to work in the United States once their TPS registration is accepted and they receive an EAD, or they may already be authorized to work under some other status.

Additional information on TPS for Somalia, including guidance on the application process, eligibility, and where to file, is available online at www.uscis.gov/tps. Further details on this extension and re-designation of Somalia for TPS, including the application requirements and procedures, may be found in the Federal Register notice.

Changes to Form I-797C, Notice of Action

On April 2, 2012, USCIS began issuing a new version of Form I-797C, Notice of Action, on plain bond paper rather than on secure paper. USCIS issues Form I-797C to acknowledge that USCIS has received an application, petition, or other document filed at a USCIS Service Center. If you have filed an application to replace a lost, stolen, or damaged document issued by DHS found on list A or C (e.g., Permanent Resident Card (Form I-551); Employment Authorization Document (Form I-766)), USCIS will issue Form I-797C after accepting the filing. The new version of Form I-797C prominently displays the statement “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” Notwithstanding this statement, a Form I-797C receipt notice for the application to replace a lost, stolen, or damaged document continues to be an acceptable receipt for Form I-9 purposes for 90 days. For more information about the new Form I-797C, please click here. 

Eligible Syrian F-1 Students May Reduce School Hours, Increase Work Hours

ICE published a notice in the Federal Register on April 3 suspending certain regulatory requirements to allow eligible Syrian F-1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load while continuing to maintain their F-1 student status. For more information, please see the ICE fact sheet. 

USCIS Seeking Public Comment on Revisions to Form I-9

U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register on March 27, 2012, inviting public comment on several revisions to Form I-9, Employment Eligibility Verification.  The revisions to Form I-9 include:

• Changes to Section 1
• Expanded instructions
• Revised layout

The public is invited to comment until October 14, 2012, on the revisions under consideration.  For more information, see the USCIS Update. USCIS will post information regarding any new version of Form I-9 on I-9 Central.  Until a new version is approved and posted, employers must continue to use the current version of the form.