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Do you need to reverify visa employees?

    April 9, 2025

    Venezuelan & Haitian reverification

     

    Employers may need to reverify certain employees’ Form I-9 documents now for temporary protected status (TPS) due to recent changes from the Department of Homeland Security (DHS). Recently, DHS announced changes related to Venezuela and Haiti.

    Individuals from such countries may then choose to file:

    • Form I-821, Application for Temporary Protected Status, and
    • Form I-765, Request for Employment Authorization.

    This info comes into play for I-9 purposes because List A includes employment authorization documents (EADs) issued by U.S. Citizenship and Immigration Services and List C includes EADs issued by DHS.

    While a 2021 TPS designation for Venezuela is unchanged, one from 2023 has been terminated.

    What to check: Did any Venezuelan employees use an EAD with a A12 or C19 category code and an April 2, 2025, expiration date? Before they can start work again on April 3, 2025, their documents must be reverified on Form I-9, according to a February 2, 2025, Federal Register notice on Venezuela.

    Another Federal Register notice, this one from February 24, 2025, made updates involving Haiti. In 2024, the TPS for Haiti had been extended and redesignated for 18 months, but now, that’s been reduced to 12 months.

    What to check: Did any Haitian employees use an EAD with a category code of A12 or C19 and an expiration date of February 3, 2026? On Form I-9, in Section 2, in the Additional Information field, enter this amended expiration date: August 3, 2025. Then, initial and date the correction. Also, before they can start work again on August 4, 2025, their documents must be reverified on Form I-9.

     

    I-9 Documents: Unexpected DHS Changes Prompt Reverification

     

    Commentary by: Raylea Stelmach

    Edited by:

     

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