I-9 compliance is a crucial responsibility for employers in the U.S., ensuring that employees are authorized to work legally. However, staying compliant can be challenging, especially with frequent updates to Temporary Protected Status (TPS) designations and changes to acceptable documents.
This blog breaks down the latest changes employers need to know, how they impact the I-9 verification process, and how to ensure compliance.
Understanding TPS and Its Impact on I-9 Documentation
What is TPS?
Temporary Protected Status (TPS) is a designation given by the Department of Homeland Security (DHS) to nationals of certain countries experiencing armed conflict, natural disasters, or other extraordinary conditions. TPS beneficiaries are granted work authorization, which means they must present valid employment authorization documents (EADs) when completing Form I-9.
How TPS Affects I-9 Verification
- Automatic Extensions of Work Authorization: DHS may automatically extend TPS-related EADs beyond their expiration dates. Employers must be aware of these extensions and understand how to update their I-9 records accordingly.
- Reverification Requirements: Employers must reverify employees’ work authorization if their TPS designation expires and is not renewed.
- Changes to TPS Designations: The addition or removal of a country from the TPS list affects employees’ work authorization status and documentation requirements.
Recent Updates to I-9 Documentation for TPS Holders
DHS frequently updates the list of TPS-designated countries and extends or ends work authorization for certain groups. Here’s what employers should watch for
1. Automatic EAD Extensions
When TPS EADs are automatically extended, employees may present their expired EAD along with the DHS extension notice as proof of continued work authorization. Employers must update Section 2 of Form I-9 accordingly and note the extended validity date.
2. New TPS Designations and Terminations
If a country’s TPS status changes, affected employees must either obtain new work authorization or transition to another lawful status. Employers must track these changes to remain compliant.
3. Alternative Documents for TPS Employees
TPS beneficiaries may also provide other acceptable documents for I-9 verification, such as
- A Form I-797 Notice of Action indicating an approved TPS application with an EAD renewal in process.
- A valid receipt for an application to renew an EAD, which grants an automatic extension for up to 180 days.
Best Practices for Employers to Stay Compliant
Regularly Check DHS and USCIS Updates
Stay informed about TPS changes by monitoring official announcements from the Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS).
Use E-Verify to Confirm Work Authorization
E-Verify can help confirm an employee’s work eligibility, especially when handling TPS beneficiaries with automatically extended EADs.
Train HR Teams on I-9 Reverification Procedures
Ensure HR personnel understand how to properly reverify employees with TPS-based work authorization and update I-9 forms accordingly.
Maintain Accurate Records
Keep detailed records of all I-9 updates, including automatic extensions, reverifications, and any notices received from DHS.
Leverage Immigration Compliance Software
Using an AI-powered platform like Imagility can help employers track I-9 compliance, manage document updates, and receive alerts about TPS changes—reducing the risk of penalties.
Final Thoughts
Employers must stay proactive in managing I-9 compliance, especially with changing TPS designations and document requirements. By keeping up with the latest regulations, properly updating employee records, and leveraging technology to streamline the process, businesses can avoid costly fines and ensure a legally authorized workforce.
For a smarter approach to I-9 compliance, explore how Imagility simplifies I-9 verification, document tracking, and compliance management.
