• Kristina M. Hernandez

How to Complete Form I-9 for an Employee with an H-4 EAD Auto Extension

As I’ve written before, beginning November 12, 2021, the EAD of an H-4 dependent spouse will be automatically extended for a period of up to 180 days if:

  • The dependent spouse properly filed an Application for Employment Authorization (Form I-765) for a renewal of their H-4 dependent spouse-based EAD before the current EAD expired; and

  • The dependent spouse has an unexpired Form I-94 indicating valid H-4 derivative status.

Any such automatic extension will terminate automatically on the earlier of:

  • The end of the validity period of the nonimmigrant status, as shown on the Form I-94;

  • The approval or denial of the application to renew the previous EAD using Form I-765; or

  • 180 days from the date of the expiration of the previous EAD.

How to Complete Form I-9 for EADs Automatically Extended Based on a Pending Form I-765 Renewal Application


New employees presenting an EAD that has been automatically extended must complete Section 1 as follows:


· Select “An alien authorized to work until;” and

· Enter the date that is 180 days from the “Card Expires” date on their previous EAD as their expiration date.


In Section 2, the employer must:


· Enter EAD in the Document Title field.

· Enter the receipt number from Form I-797C in the Document Number field.

· In the Expiration Date field, enter the date 180 days from the “Card Expires” date on the EAD or the expiration date of validity shown on Form I-94, whichever is earlier. This expiration date may be cut short if USCIS approves or denies the employee’s Form I-765 renewal application before the 180-day period expires.

· Enter the Form I-94 document information in the second Document field.


USCIS also recommends the employer:


· Enter EAD EXT in the Additional Information field.


For a current employee whose EAD has been automatically extended, employers must also enter the receipt number from Form I-797C, enter Form I-94 document information, and update the expiration date on Form I-9. They may provide this information in the Additional Information field. To update the expiration date, employers should enter “EAD EXT” and the 180-day auto-extended date from the “Card Expires” on the EAD, or the end date of the Form I-94, whichever is earlier. Employers may write EAD EXT mm/dd/yyyy.


Reverification


You must reverify employees when their automatic extension ends, no later than the date their work authorization expires. You can reverify them before the automatic extension ends if they present any document that shows current employment authorization, such as any document from List A or C.


88 views0 comments