Employers must pay special attention to Employment Authorization Document (“EAD”) and Temporary Protected Status (“TPS”) work authorization as part of maintaining I-9 compliance.
Work authorization is ever-changing in the current climate. The rules governing TPS and EAD validity are shifting on a near-continuous basis, driven by successive actions from the Department of Homeland Security and countervailing court interventions. Now, more than ever, it is imperative that employers carefully monitor EAD and TPS expiration.
EAD and TPS Explained
Prior to the Immigration Reform and Control Act of 1986, employers were not legally required to verify work authorization of employees. The EAD program changed this. It designated specific classes of foreign nationals as individuals who may work lawfully in the United States, issuing these noncitizens a physical card that authorizes them to do so.
The TPS program, established under the Immigration Act of 1990, provides a form of humanitarian relief to nationals of designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. TPS holders receive protection from deportation and the ability to obtain an EAD. Up until recently, TPS work authorization was rather stable, with the Secretary of Homeland Security periodically reviewing and renewing country designations based on prevailing conditions in those countries.
The Current Approach by DHS
Work authorizations have changed...
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