The Mailbag.

• Author: Gilman, Alice

Q I have an employee from Venezuela, and her work visa expired as of today. She stated that she has not applied for renewal because she doesn't have the money to pay for it. Is she allowed to work for us under the automatic extension or is she required to apply for renewal before she can continue to work for us?

1. Employees from Venezuela already residing in the U.S. as of March 18, 2021, have Temporary Protected Status. The Department of Homeland Security has extended TPS for 18 months, effective Sept. 10; it will now expire on March 10, 2024.

Existing TPS beneficiaries who wish to extend their status through March 10, 2024, must reregister during the 60-day re-registration period. This period began Sept. 8, 2022, and will end Nov. 7. DHS recommends holders of soon-to-expire visas timely reregister and not wait until their employment authorization documents expire, as delaying re-registration could result in gaps in their employment authorization documentation.

EADs issued under the TPS designation of Venezuela with the expiration date of Sept. 9, 2022, are automatically extended through Sept. 9, 2023. Although not required to do so, if employees want to obtain new EADs valid through March 10, 2024, they must file an Application for Employment Authorization (Form 1-765) and pay the Form 1-765 fee (or request a fee waiver, which they may submit on Form 1-912, Request for Fee Waiver).

On Form 1-9:

Section I (to be completed by employees)

When using an automatically extended EAD to complete Form 1-9 for a new job before Sept. 10, 2023:

* Check "An alien authorized to work until" and enter Sept. 9, 2023, as the "expiration date"

* Enter the USCIS number or A-Number where indicated. (EADs or other documents from DHS will have a USCIS number or A-Number printed on them; the USCIS number is the same as the A-Number without the A prefix.)

Section 2 (to be completed by employers)

* Determine if employees' EADs are auto-extended by ensuring they're in category A-12 or C-19 and have a "Card Expires" date of Sept. 9, 2022

* Write in the document title

* Enter the issuing authority

* Provide the document number

* Write Sept. 9, 2023, as the expiration date.

Before employees start work on Sept. 10, 2023, employers must reverify the employees' employment authorization on Form 1-9.

Employees who presented TPS-related EADs that were valid when they first started working, which USCIS has automatically extended, may need to have their current EADs...