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Immigration Law Associates, PC

New Form I-9 Guidance for T and U visa Holders

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The statuses of T and U nonimmigrants (victims of human trafficking and certain other crimes) are granted for up to four years and may be extended under certain circumstances. Family members of T and U nonimmigrants may also qualify for these statuses. T and U nonimmigrants are either authorized to work incident to their immigration status or are eligible to seek authorization for employment by USCIS, depending on their class of admission. USCIS issues work authorized T and U nonimmigrants Form I-766, Employment Authorization Document (EAD), though not all classes of T and U nonimmigrants must have an EAD before they start working.

When completing Section 1 of Form I-9, employees with T or U nonimmigrant status should check “An alien authorized to work” and enter their EAD “Card Expires” date or their Form I-94, Arrival Departure Record “Admit Until Date” in the Expiration Date field.

For Section 2, employees with T or U nonimmigrant status may choose to present their EAD, which is an acceptable List A document. Employees whose Form I-94 indicates a class of admission of T-1, U-1, U-2, U-3, U-4, or U-5 may instead choose to present their Form I-94 as a List C #7 document and must also present a List B identity document. These employees are employment authorized incident to status.  However, Forms I-94 containing an admission of T-2, T-3, T-4, T-5, or T-6 are not acceptable as a List C document. These employees are eligible to apply for work authorization and receive an EAD.

The employer must reverify the employee’s employment authorization in Section 3 no later than the date on which the employee’s employment authorization or employment authorization document expires, whichever date comes first.

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