As we reported on Friday, the United States Citizenship and Immigration Services (USCIS) is now issuing employment and travel authorization on a single card for certain foreign nationals. Employers may accept this card as a List A document when completing the Employment Eligibility Verification, Form I-9.
As advertised, the new dual-purpose card looks nearly identical to the current Employment Authorization Document (EAD), except for a caption that reads “Serves as I-512 Advance Parole” as noted in the sample image on the left that we just obtained from the USCIS Questions and Answers sheet recently posted on their website here.
Today, USCIS announced that it is now issuing a new document that represents both employment and travel authorization for certain foreign nationals who have filed an Application to Register Permanent Residence or Adjust Status, commonly referred to as a “Green Card Application.” Previously, USCIS issued employment and travel authorization documents separately, and may continue to do so under certain circumstances as necessary. According to the announcement, employers may accept the new work and travel authorization card as a List A document when completing Section 2 of the Form I-9.
Employers may accept the new card as a List A document
Unfortunately, the announcement did not include a sample image of the new card, although apparently it will look similar to the current Employment Authorization Document (EAD or Form I-766) and will include a caption that reads “Serves as I-512 Advance Parole” (click here to see a sample image of an EAD card). We will post an image of the new card as soon as it becomes available since Employers will want to become familiar with it for I-9 purposes.
There’s no doubt that this announcement raises important questions that remain unanswered. Specifically, in the context of the Form I-9 and E-Verify:
Will the new card be considered as a new List A document, or will USCIS simply treat it as akin to the EAD card?
When an employee presents this new document, what should employers write in as the “Document Title” on the Form I-9?
If the new card will be considered as a new List A document, when will USCIS publish the updated list of acceptable documents that’s found in the Form I-9 Instructions and the Handbook for Employer, Instructions for Completing Form I-9?
Will employers who participate in E-Verify be required to retain a copy of the new card and perform E-Verify photo matching?
We look forward to receiving the answers to these questions as well as additional guidance from USCIS that helps employers understand how the new work and travel authorization card impacts the complex Form I-9 and E-Verify process.
You can read the full USCIS announcement on their website, here.
USCIS announced through the E-Verify user portal that E-Verify will expand its photo matching tool to include US passports beginning September 26, 2010. This change will require E-Verify participating employers to compare the photo from a US passport presented during the I-9 process with the government’s digitally stored photo online, if available. USCIS also indicated that the photo matching process for US passports will follow the same rules as photo matching for the permanent resident card (I-551) or employment authorization document (EAD).
USCIS also reminded employers that when you login for the first time on or after September 26th, you will be prompted to complete a short tutorial and test. USCIS has scheduled two one-hour webinars on the US Passport photo matching process:
Thursday, September 30, 2010, at 1:00 PM (EDT). Register here
Monday, October 4, 2010, at 4:00 PM (EDT). Register here.
Notably, the photo matching process is not yet mandatory for employers using E-Verify through a web services interface (most commonly associated with an electronic I-9 system). Web service developers have until December 2010 to add photo matching functionality and other changes from the June 2010 E-Verify redesign.
Recently, USCIS announced the release of a redesigned Permanent Resident Card (Form I-551), also commonly referred to as the “Green Card,” as well as a revised Employment Authorization Document (EAD or Form I-766). While USCIS began issuing the new EAD and Green Cards in May 2010, please note that previously issued EAD and Green Cards already in circulation remain valid until their expiration date.
USCIS has stated that the changes to both documents seek to provide enhanced security features and discourage immigration fraud. As you can see in the sample images below, the backside of the EAD now has a machine-readable zone that replaced the two-dimensional bar code while the front of the EAD card appears to be unchanged. The changes to the Green Card are comprehensive as the document underwent a complete redesign. In addition to the official announcement unveiling the new Green Card (here) and EAD (here), USCIS has also published a Green Card Fact Sheet and FAQ that go into more detail about the changes.
For I-9 purposes, Employers will want to become familiar with the new EAD and Green Card as both are acceptable List A Documents that establish identity and employment authorization.
E-Verify has announced a new address which must be used by employers when mailing photos to DHS for case resolution. The photo matching process in E-Verify occurs automatically when an employee presents a green card or employment authorization document. If the photo presented by the employee does not match the photo in E-Verify, employers are instructed to notify the employee, and if he/she contests, to send a copy of the photo document to DHS.
This can be accomplished in two ways: (1) the employer can scan and upload a copy of the photo document (file must be in GIF format and be no larger than 1.5 megabytes) or (2) send a copy of the photo along with the DHS referral letter to the following new address:
U.S. Citizenship and Immigration Services
10 Fountain Plaza, 3rd Floor
Buffalo, NY 14202
Attn: Status Verification Office – Photo Tool
The E-Verify photo tool is currently available for both direct employers and designated agents (as of this month). The photo tool will also be made available to web services users who are using a third-party electronic I-9 and E-Verify system, although there has been no requirement or deadline imposed by DHS for those employers to utilize it yet.
DHS has announced that it will be adding a new security feature to the E-Verify Photo Tool this month to address employee privacy concerns. As previously reported, the photo screening tool is an automated step in the E-Verify system which prompts employers (and soon, designated agents) to compare an employee’s photo document with a photo displayed in E-Verify. At present, the photo screening tool will only “activate” when an employee presents a recent version of a permanent resident card (I-551) or employment authorization document (EAD) as proof of employment authorization.
The new security feature will add a watermark across the photo which reads “E-Verify Use Only” in order to prevent unauthorized use or manipulation of government-issued photos. In addition, DHS is also changing their mailing address for photo tool case resolutions. The new address will be released through the E-Verify system and appear on the DHS referral letters.
Earlier this week, E-Verify announced that the photo matching tool will automatically be part of the E-Verify process starting in December 2009. As previously reported, the photo matching process, also known as the photo screening tool, is an automated step in the E-Verify system which prompts you to compare an employee’s DHS-issued photo document with a photo displayed in E-Verify. At present, the photo screening tool will only “activate” when an employee presents a recent version of a permanent resident card (I-551) or employment authorization document (EAD) as proof of employment authorization. According to insider sources, E-Verify is looking to add photos from US passports and state driver’s licenses, but no timeline has been announced as of yet.
Today, E-Verify announced that the photo matching tool will be made available for Designated Agents in late 2009. The photo matching process, also known as the photo screening tool, is an automated step in the E-Verify system which prompts you to compare an employee’s DHS-issued photo document (presented during the I-9 process) with a photo displayed in E-Verify. At present, the photo screening tool will only “activate” when an employee presents a recent version of a permanent resident card (I-551) or employment authorization document (EAD) as proof of employment authorization. According to insider sources, E-Verify is looking to add photos from US passports and state driver’s licenses, but no timeline has been announced as of yet.
DHS formally launched the photo screening tool in September 2007, but has only made it available for organizations performing E-Verify checks of their own employees. Today’s announcement will affect organizations participating as a Designated Agent (DA), a role defined for companies who conduct E-Verify queries on behalf of other employers or clients. E-Verify DAs can view the official announcement on the home screen in their E-Verify account (reproduced below). They will also need to take a refresher tutorial and mastery test regarding the photo tool before resuming their use of E-Verify. More information should be forthcoming at the end of the month. Stay tuned!
Important Information for E-Verify Users
Tutorial Required
You must complete the tutorial before accessing this application. Please click the Tutorial link, located at the top-right of this page, to begin the tutorial.
10/02/2009 – Announcing Photo Matching Tool for Designated Agents!
The photo matching tool will be added to the verification process for Designated Agents in late 2009. This enhancement will help secure an authorized workforce for your clients simply by ensuring that the documents provided by their employees are valid. It works by asking the E-Verify User to match the photo on the employee’s Form I-9 document with the photo that displays in E-Verify. In order to make the photo comparison, E-Verify Users will need to have access to a copy of the employee’s document (Forms I-551 or I-766 only). Check back in this message area for more detailed information about photo matching in late October.
10/02/2009 – Announcing Photo Matching Tool for Designated Agents!
The photo matching tool will be added to the verification process for Designated Agents in late 2009. This enhancement will help secure an authorized workforce for your clients simply by ensuring that the documents provided by their employees are valid. It works by asking the E-Verify User to match the photo on the employee’s Form I-9 document with the photo that displays in E-Verify. In order to make the photo comparison, E-Verify Users will need to have access to a copy of the employee’s document (Forms I-551 or I-766 only). Check back in this message area for more detailed information about photo matching in late October.
As we reported on Friday, the United States Citizenship and Immigration Services (USCIS) is now issuing employment and travel authorization on a single card for certain foreign nationals. Employers may accept this card as a List A document when completing the Employment Eligibility Verification, Form I-9.
USCIS announced through the E-Verify user portal that E-Verify will expand its photo matching tool to include US passports beginning September 26, 2010. This change will require E-Verify participating employers to compare the photo from a US passport presented during the I-9 process with the government’s digitally stored photo online, if available. USCIS also indicated that the photo matching process for US passports will follow the same rules as photo matching for the permanent resident card (I-551) or employment authorization document (EAD).
