I-9 Alert: New Employment Authorization Document

February 15, 2011

New Employment Authorization Document Issued – Heads up For I-9s

On February 11, 2011, United States Citizenship and Immigration Services publicized that one card will now be issued as proof of employment and travel authorization to certain applicants for adjustment of status. The new card looks very similar to the current Employment Authorization Document (EAD), but will include language at the bottom that indicates that it is also an advance parole document. The card will continue to be machine-readable.

Employers need to be aware that this new document exists as a qualifying List A document for I-9 purposes. The new card is almost identical to the I-766, which is a document that may serve as proof of identity and employment authorization on List A of the I-9. Like the current I-766, the new card serves as evidence under List A of both employment authorization and identity that will expire on a date certain. Employers must continue to reverify an employee’s eligibility to be employed in the U.S. when they use an EAD for I-9 completion. Many employers retaining "pen and paper" I-9s will use a tickler system to be reminded, and those who use electronic I-9 systems should receive automatic e-mail reminders, dashboard prompts, and/or reverification reports.

As the EAD is one of three documents that is required to be copied and retained by the employer in the I-9 process as part of the E-Verify photo matching requirement, employers who participate in E-Verify should note this change.

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