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New EAD Expiration Date and I-9 Guidance Issued

April 7, 2025

On March 31, 2025, a Federal Court stayed the Trump Administration's decision to end the Temporary Protected Status (TPS) program for Venezuelans. To comply with the Court's order, USCIS has automatically extended the validity all TPS Employment Authorization Documents for those that have an expiration date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022. 

The new expiration date is April 2, 2026, pending further litigation. The re-registration period for employees to maintain their TPS has been extended through September 10, 2025. We advise employees with TPS to re-register for TPS as soon as possible. 

For I-9 purposes, USCIS has provided the following guidance for completing or updating Form I-9: 

To complete or update Form I-9, Employment Eligibility Verification, for TPS Venezuela beneficiaries who present an EAD with a Category Code of A12 or C19 and a Card Expires date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, enter April 2, 2026, pending further litigation, on Form I-9 as the new expiration date of the automatically extended EAD. You must reverify these employees before they start work on April 3, 2026. 

Additional information from USCIS can be found here.

If you have questions about how this impacts the work authorization of your employees, please contact our office.

by: Mark K. Cameron and Amie Schoeppel Wilcox 

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