March 15, 2011 –
Two New Documents Issued by DHS: The combined “Advance Parole EAD” and Updated Handbook for Employers

USCIS has announced that it has begun issuing Advance Parole EADs (an annotated Form I-766) when USCIS concurrently approves a foreign national’s applications for an Employment Authorization Document (“EAD”) and Advance Authorization to be Paroled into the United States upon return from travel outside the United States. A foreign national who has applied for adjustment of status or for registry may request, during the pendency of such application, the ancillary benefits of employment authorization, allowing the foreign national to work in the U.S.,  and advance authorization to be paroled into the U.S. following travel abroad, protecting the application for adjustment of status or registry from being deemed abandoned due to the foreign travel. Historically, USCIS has issued two documents reflecting approval of the separate benefits and it now finds it efficient to issue a single document, an annotated I-766, that reflects the approval of both ancillary benefits.

USCIS has released a new Handbook for Employers (M-274 version 01/05/11) updating the prior version dated 04/03/09 and made it available on the USCIS website at www.uscis.gov on the page discussing the Form I-9. The Handbook is a guide to assist employers in understanding and complying with the Employment Eligibility Verification (Form I-9) requirements. The latest revision has many beneficial improvements providing answers to many questions regarding completion of the Form I-9 that were not addressed in prior versions. Additionally, the latest Handbook includes: new visual aids for completing the Form I-9; examples of new relevant USCIS documents; expanded guidance on completing the I-9 for lawful permanent residents, refugees and asylees, individuals in Temporary Protected Status, and exchange visitors and foreign students; and expanded guidance on completing the I-9 in situations involving extensions of stay for employees with temporary employment authorization. Prior Immigration Bulletins dated December 4, 2009 and September 23, 2010 have discussed the ongoing increased enforcement efforts by U.S. Immigration and Customs Enforcement (“ICE”) with regard to unlawful employment and employer compliance with the I-9 requirements.