As a rule, if an employee in the United States is unable to produce a valid, unexpired work authorization document to complete the Form I-9 process (for a new hire) or by the date that his or her prior authorization is due to expire (for a current employee), you cannot continue the employment. But what do you do if the employee announces that he or she has Temporary Protected Status (TPS) work authorization and cannot produce an unexpired employment authorization card? What is TPS? Can you allow this employee to work and for how long? The answer is “Yes” if the employee is from a TPS-designated country and for which an automatic extension of employment authorization has been granted.
Posts from March 2012.