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In some instances, employees will possess Employment Authorization Documents that appear to be expired on their face, but have been automatically extended by the USCIS.
For example, Temporary Protected Status beneficiaries may have an automatic extension. The USCIS notifies the public of all automatic extensions through a Federal Register notice.
Extensions also are listed under Temporary Protected Status on the U.S. Citizenship and Immigration Services website.
In addition, if the employee timely filed for a new Employment Authorization Document (Form I-766), the corresponding I-797C from the USCIS indicating timely filing may be presented with the expired Employment Authorization Document to the employer as a List A document.
These individuals may continue to work based on their expired Employment Authorization Documents during the automatic extension period. When the automatic extension of the Employment Authorization Document expires, you must reverify.
For more information on automatic extension of Employment Authorization Documents in certain circumstances, refer to the Handbook for Employers, Instructions for Completing the Form I-9 (M-274).