Applicants and employees with expired Employment Authorization Documents (EAD) may still be eligible to work if they are covered by Temporary Protected Status. TPS is issued by the Secretary of Homeland Security to eligible foreign nationals in the US when there are temporary conditions in a country that make it unsafe for their residents to return or when the country cannot handle the return. USCIS cites examples of civil wars or unrest, epidemics, natural disasters, or other extraordinary and temporary conditions.
Such individuals who are in the US may apply for work authorization and obtain an EAD that is an acceptable List A document for the I-9. EADs for employees covered by TPS will have a notation of A-12 or C-19 in the Category field. There are times when the TPS is automatically extended by USCIS due to continuing unstable conditions in a country. When this occurs, a notice may be posted in the Federal Register and on the USCIS website indicating that individuals with expired EADs in the specified country are nevertheless authorized to work for a specified temporary period.
Individuals who are automatically extended are instructed to apply for an updated EAD; however, there may be a delay because of the number of people affected and the process. They should present the expired EAD and a copy of the Federal Register notice to the employer if applying for a job or if the current EAD has expired. If presented with an expired EAD and the employee notes they are under TPS but do not have a copy of the Federal Register notice, you may check the USCIS website.
For instructions on completing the I-9 for a new hire or updating for an existing employee, see Temporary Protected Status | USCIS.
The most recent TPS extensions noted by USCIS are available at Temporary Protected Status | USCIS.