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USCIS Updates Form I-9 Guidance for Native Americans, T and U Nonimmigrants

USCIS has clarified Form I-9 guidance as of March 1, 2022, related to Native American tribal documents and victims of human trafficking and criminal activity.

These three changes are noted below.

USCIS Clarifies Guidance Related to Native American Tribal Documents

Guidance for Native American Tribal Documents can be found in Section 6.2 of the M-274 Handbook for Employers.

Auto-Extension of EAD for TPS Beneficiaries from South Sudan

Employment Authorization Documents (EADs) for Temporary Protected Status (TPS) beneficiaries from South Sudan has been extended. The new expiration date for EADs that show an expiration date of 9/17/21 and have a category of A12/C19 is November 1, 2022. More information can be found on pages 12198-12199 of the Federal Register.

New Guidance Regarding T and U Nonimmigrant Status

The USCIS has published new guidance regarding T nonimmigrants (victims of human trafficking) and U nonimmigrants (victims of certain other crimes). Updated guidance covers:

  • Initial grants of status;
  • Extension of status based on pending Form I-485 (Application to Adjust Status); and
  • Extensions for T-2, T-3, T-4, T-5, or T-6 nonimmigrants.

More information can be found in Section 6.8 of the M-274 Handbook for Employers.

Posted: March 4, 2022


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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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