Navigating The Form I-9 For TPS And DED: Complex Verification Requirements

Over the past three months, the Biden administration has expanded immigration benefits for foreign nationals on humanitarian grounds. Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) are two such humanitarian benefits that permit certain foreign nationals to live and work in the United States with government-issued employment authorization documents.

Procedures for the Form I-9, Employment Eligibility Verification, relating to individuals with TPS and DED are complicated and subject to change. Employers may want to familiarize themselves with these procedures to ensure proper completion of Forms I-9 in these verification scenarios. Employers may also wish to review immigration-related antidiscrimination laws to avoid inadvertently engaging in discrimination in relation to individuals with TPS or DED.