For employers and employees, staying compliant with Form I-9 requirements is essential to avoid costly penalties. One critical aspect is ensuring that employees with expiring work authorizations or Employment Authorization Documents (EADs) take timely steps to renew their eligibility. Here's what you need to know about renewing employment authorization and maintaining I-9 compliance.
When Should Employees Start the Renewal Process?
Employees should begin the renewal process at least 90 days before their current employment authorization or EAD expires. Starting early allows time for U.S. Citizenship and Immigration Services (USCIS) to process the application and helps avoid any potential gaps in work authorization.
To renew employment authorization, employees must:
Complete and submit Form I-765, Application for Employment Authorization.
Pay the required fee (unless eligible for a fee waiver).
Attach all required documentation, including proof of eligibility and identity.
Employees can visit the USCIS Form I-765 page for instructions, fee details, and filing tips.
Why Starting Early Matters
USCIS processing times can vary, and delays are common. If an employee fails to file their renewal application on time, they may risk losing their employment eligibility. This can impact their ability to work lawfully and put employers in a non-compliant position under federal law.
What Employers Should Know for I-9 Compliance
Employers are required to reverify Section 3 of the Form I-9 for employees whose work authorization is expiring. This must be completed no later than the expiration date of the current work authorization or EAD.
To ensure compliance:
Set reminders for employees about upcoming expiration dates at least 90 days in advance.
Verify that employees have filed their renewal application and provide support if necessary.
Keep detailed records of communications and I-9 updates.
You can learn more about the employer’s role in maintaining I-9 compliance on the USCIS Employer Compliance page.
Automatic Extension of Work Authorization
In some cases, employees who have timely filed Form I-765 for renewal may qualify for an automatic extension of work authorization for up to 180 days. This extension applies only if:
The renewal application is filed before the current EAD expires.
The employee’s eligibility category is covered under the automatic extension policy.
For details, refer to the Automatic EAD Extension Guide.
Key Takeaways
Employees must file Form I-765 at least 90 days before their current authorization expires.
Employers must reverify work authorization by the expiration date to remain compliant.
Utilize resources like USCIS I-9 Central to stay informed about policies and timelines.
Proactive communication and record-keeping between employers and employees ensure both parties remain compliant with I-9 requirements. Start early, stay organized, and avoid disruptions to employment authorization!
By adhering to these steps, you can safeguard your workforce while maintaining a compliant and smooth operation.