TPS Auto-Extension Guide

How to Document a TPS Or DED EAD Extension in Tracker

This guide explains how to create or update a Form I-9 that qualifies for an automatic employment authorization extension based on a timely filed Form I-765, Application for Employment Authorization, for a Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) beneficiary.

The process for updating a Form I-9 depends on several factors:

1. Whether the employee is a new hire completing a new Form I-9 or an existing employee whose Form I-9 requires an update.
2. Whether the Form I-9 was originally created in Tracker I-9 Complete or imported into Tracker as a historical record.
3. The section of the Form I-9 in which the employee’s previous work authorization was documented.

Recording a TPS Auto-Extensions on an existing employee's I-9

To update the Form I-9 for an existing employee when the prior I-9 was created in Tracker I-9 Complete, complete the following steps:

1. Select the Additional Documents dropdown in List A.
    
2. In the selector that appears, choose "Temporary Protected Status or Deferred Enforced Departure  auto-extended EAD", and click the Continue with Selected Document(s) button. 
   
3. Enter the EAD document information accurately. The EAD renewal application must have been filed before the EAD card expiration date to be considered timely filed.
4. Once entered, the Additional Document fields expand and display the Reverification Due Date field.
   1. The Additional Information text field in Section 2 auto-populates with the text “Section 2  EAD EXT [Reverification Due Date]” upon entering the Reverification Due Date. 
   2. The Reverification Due Date will not automatically calculate. Enter the Reverification Due  Date per the Federal Register Notice (FRN). The FRN will note which EADs have been  automatically extended and to what date. When the I-9 Manager updates Section 3, the Additional Information text field will auto populate with the text “Section 3 EAD EXT [Reverification Due Date]". 
5. The I-9 Manager should click save and sign off on the changes. 
6. Employment authorization must be reverified in Section 3 once a decision is received from USCIS.

Recording a TPS Auto-Extensions on a new employee's I-9

When creating a new I-9, take the following steps: 

1. After the employee completes Section 1, select the List A document type Employment  Authorization Document (Form I-766).
   
   Follow the set of instructions in this guide that describe updating an existing I-9 creating in Tracker  I-9 starting at Step 2. 
   To update the I-9 when the previous I-9 was imported into Tracker, please take the following steps: 1. Navigate to Historical I-9 Section 2 or Section 3 of the employee that qualifies for the extension. 
2. Update the Additional Information textbox with the text “Section 2 EAD EXT [Reverification Due  Date]”, being sure to enter the correct Reverification Due Date per the FRN. As a reminder, EAD  renewal application must be filed before the date specified in the FRN in order to be considered  timely filed.
   
3. To update Section 3, update the Additional Information textbox with the text “Section 3 EAD EXT  [Reverification Due Date]”. 
4. The I-9 Manager should click Save and sign off on the changes. 
5. Navigate to the Summary tab and update the Reverification Status module. Be sure to enter a  Reverification Due Date per the FRN. 
   
6. The employer must reverify the employee’s employment authorization in Section 3 once the  employee receives a decision from USCIS. 

Background Information 

A TPS or DED employee may choose to present an Employment Authorization Document (Form I-766) to  demonstrate employment authorization. TPS/DED Form I-766s contain an expiration date on their face,  but a TPS/DED beneficiary may continue to work after the expiration date if DHS has temporarily extended  the validity date through a published Federal Register Notice (FRN). These notices provide instructions for  completing or updating Form I-9. You may not require employees to prove they are a national of a country  that DHS has designated for TPS. 

Look at the EAD Card ‘Category’ section on the expired EAD card. A-12 or C-19 indicate TPS and A-11  indicates DED. The FRN will note if an EAD has been automatically extended for TPS and DED beneficiaries  and to what date. The automatic extension is typically for six months, but the time period can vary. Record  the new Reverification due date per the FRN. 

TPS beneficiaries are not required to present a Form I-797C confirming that they reregistered for TPS.  However, please refer to the Federal Register notice for additional guidance to determine if employees  need to confirm that they applied for a new EAD. 

For TPS EAD extension information, visit USCIS TPS or I-9 Central TPS. 

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. 

Documents 

EAD cards indicating a ‘Category” of A-12, C-19, or A-11 may qualify for a TPS/DED automatic extension.

Sample EAD Card