How Employers File Form I-9 Supplement B for Automatic Extension EADs
When an employee qualifies for the automatic extension of their Employment Authorization Document (EAD) under the 540-day rule, employers must properly complete or update Form I-9, Supplement B (Reverification and Rehire) to remain compliant with U.S. Citizenship and Immigration Services (USCIS) guidelines.
Here’s a step-by-step guide for employers to handle Supplement B for automatic extension EADs:
Step 1: Confirm Employee Eligibility for Automatic EAD Extension
Before updating Form I-9:
Verify that the employee’s EAD category is eligible for the automatic extension. You can check the list of eligible EAD categories on the USCIS EAD Automatic Extension webpage.
Confirm the employee filed Form I-765 for an EAD renewal before their current EAD expired. Employees must present:
The expired EAD card.
The Form I-797C, Notice of Action (receipt notice) showing the timely filing.
Step 2: Review Section 1 of Form I-9
Check that the employee completed Section 1 of Form I-9 when they were originally hired, including their employment authorization status.
Ensure the employee has indicated they are authorized to work in the U.S.
Step 3: Update Form I-9 with Supplement B
Access Supplement B: Employers must use the Supplement B (Reverification and Rehire) section of Form I-9 to record the updated work authorization.
Download Form I-9 and Supplement B from the USCIS website.
Complete Supplement B:
Enter the employee's name and date of hire in the appropriate fields.
In the "Document Title" field, write: EAD with Automatic Extension.
For the Document Number, use the number on the expired EAD.
In the "Expiration Date" field, write: 540 days from the expiration date on the expired EAD, or the earlier of either:
The date listed on the Form I-797C receipt notice (if applicable).
The maximum allowable extension period based on the regulatory limits.
Certify Supplement B:
Sign, date, and complete the employer section at the bottom of Supplement B, affirming that the employee is authorized to continue working under the automatic extension.
Step 4: Attach Supplement B to the Original Form I-9
Once Supplement B is completed:
Attach it to the employee’s original Form I-9 for documentation.
Keep these records as part of your Form I-9 retention policy.
Step 5: Monitor Expiration Dates
Employers must track the expiration of the 540-day automatic extension or the updated EAD validity period:
Set calendar reminders or use HR software to notify you when the employee’s authorization is nearing expiration.
Follow up with the employee to obtain updated documentation or further proof of their EAD renewal approval before the extension period ends.
FAQs for Employers
Q: What if the employee does not provide updated documentation before the automatic extension expires?
A: Employers must terminate the employee's employment or remove them from positions requiring valid work authorization until they provide updated documentation. Employers cannot allow unauthorized work.
Q: Do I need to update Form I-9 again when the employee receives their new EAD?
A: Yes. Once the employee receives their renewed EAD, complete a new Supplement B or update Section 2 of Form I-9 with the new document information.
Q: Can I reverify an employee using their expired EAD only?
A: No. You must also receive the Form I-797C receipt notice showing the timely filing of Form I-765 and confirming the automatic extension eligibility.
Helpful Resources
By following these steps, employers can confidently manage Form I-9 and maintain compliance with USCIS requirements while supporting employees under the automatic EAD extension policy.