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On March 27, 2018, President Trump issued a memorandum to Homeland Security Secretary Kirstjen M. Nielsen, directing her to implement a 12-month deferred enforced departure (DED) wind-down period for eligible Liberians and to provide for work authorization through March 31, 2019, which is when DED will end.
On Oct. 3, 2018, in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), the U.S. District Court for the Northern District of California enjoined DHS from implementing and enforcing the decisions to terminate Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti, and El Salvador, pending further resolution of the case (“Order” or “injunction”). To implement the Court’s Order, on Oct. 31, 2018, DHS published a Federal Register Notice (FRN) announcing that the TPS designations for Sudan, Haiti, El Salvador, and Nicaragua remain in effect so long as the Court’s Order continues.
On Nov. 14, USCIS released a revised version of Form I-9, Employment Eligibility Verification. Employers may continue using Form I-9 with a revision date of 03/08/2013 N. through Jan. 21, 2017. By Jan. 22, 2017, employers must use the revised form. Employers should continue to follow existing storage and retentions rules for all of their previously completed Forms I-9.
Beginning Jan. 22, 2017, employers must use the 11/14/2016 N version of Form I-9 Employment Eligibility Verification, to verify the identity and work eligibility of every new employee hired, or for the reverification of expiring employment authorization of current employees (if applicable). This date is found on the lower left hand corner of the form. Prior versions of the form will no longer be valid for use. Employers who fail to use Form I-9 (11/14/2016 N) on or after Jan.
On April 19, USCIS announced it was redesigning the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.
Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.
All Form I-9, Employment Eligibility Verification, requirements remain in effect for those areas impacted by Hurricane Harvey. All employers must continue to complete and retain Form I-9 for all individuals they hire for employment.
Secretary of Homeland Security Kirstjen M. Nielsen announced that the Temporary Protected Status (TPS) designation for El Salvador will end on Sept. 9, 2019. Current beneficiaries who want to maintain their status through Sept. 9, 2019, must re-register between Jan. 18, 2018, and March 19, 2018.
Due to the implementation of system enhancements, E-Verify will be unavailable from April 20 at 9 p.m. to April 22 at 11:59 p.m. (Eastern). The E-Verify outage does not affect the requirements for Form I-9, Employment Eligibility Verification. Employers must still complete Form I-9 no later than the third business day after employment begins.
The E-Verify Connection is an e-newsletter for all employers and employees. The April issue (PDF) has useful information about Acceptable Documents, proper completion of the optional email field in Section 1 and other topics related to employment eligibility verification.
E-Verify Connection (PDF) is an e-newsletter for all employers and employees. The latest issue has useful information about enhancements to myE-Verify and a new webinar platform for Form I-9, E-Verify, myE-Verify, and Employee Rights webinars. There are also other helpful topics related to employment eligibility verification as well as a helpful Form I-9 tip.