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Many immigrants in the United States on Temporary Protective Status may have problems proving their legal status, and thus ability to work, because of expired EAD card.  Typically, when an immigrant has been granted TPS and an accompanying EAD card, the EAD card will indicate that the expiration date is the same as when time period of the designated country has expired.  However, often times, the United States will grant extensions for TPS status, thus allowing immigrant to continue to stay in the country past the date listed on their EAD card.  Employers however, will require proof of legal status and ability to work when filling about a Form I-9.

For the purposes of an I-9, USCIS has issued a report staying that employers must accept expired EAD cards after DHS has announced an auto-extension of TPS.  So long as the card reasonably appears to be genuine and seems to match the person presenting it, it should be deemed acceptable.  However, this will only apply to cards that have been expired due to auto-extension; any non-auto-extension will still require the immigrant to re-register with DHS for TPS status, or else work authorization will expire as well.

For more information about documentation requirements, click here.

For more information about TPS in general, click here.