Form I-9 for U and T visa holders: I-94 or EAD, which family members need an EAD, and the pending green card extension

People with T status (victims of human trafficking) and U status (victims of certain crimes) complete Form I-9 like other work-authorized noncitizens: in Section 1 they check "An alien authorized to work" and enter their EAD's expiration date or their Form I-94 "Admit Until" date, and in Section 2 they may present an EAD as a List A document. As of November 2026, employees whose I-94 shows T-1 or U-1 through U-5 may instead present that I-94 as a List C document with a List B identity document, while T-2 through T-6 family members need an EAD. A timely green card application extends T-1 and U work authorization for two years and one year past the I-94 date, respectively.

Refugees and asylees follow a different set of rules, covered in Form I-9 for refugees and asylees; why most expired EADs no longer carry an automatic extension is in EAD automatic extensions.

Who holds T or U status, and who may work?

USCIS grants T status to certain victims of a severe form of trafficking in persons and U status to victims of qualifying crimes who were helpful to law enforcement; both run for up to four years and can be extended. Family members may hold derivative status. The M-274 says T and U nonimmigrants "are either authorized to work incident to their immigration status or are eligible to seek authorization for employment by USCIS, depending on their class of admission." That class, printed on the I-94, decides what the employee can show you:

The last two rows matter because the statute allows only 10,000 U visas for principal petitioners a year, so many petitions sit on a waiting list or with a bona fide determination before a final decision. USCIS's Policy Manual says it issues bona fide determination EADs to pending U petitioners under the deferred action category, valid for four years and subject to revocation; the T page says a modified bona fide process, which generally applies to T applications filed on or after August 28, 2024, leads to deferred action and an EAD under (c)(40). USCIS also says trafficking victims granted Continued Presence by federal law enforcement may apply for employment authorization. For Form I-9 none of this changes the rule: an unexpired EAD is a List A document whatever category it shows.

What does a T or U employee enter in Section 1?

Per M-274 Section 7.8, they check "An alien authorized to work" and enter their EAD "Card Expires" date, or their I-94 "Admit Until" or "Valid Until" date, as the expiration date. They also enter one number: a USCIS or A-Number, the I-94 admission number, or a foreign passport number and country. They do not explain their status, and the Form I-9 instructions say the employer "may not ask for documentation to verify the information you entered in Section 1."

Which documents can they present in Section 2?

1. An EAD (Form I-766), List A item 4. Record its card number and expiration date.
2. A List B document plus the I-94, for T-1 and U-1 to U-5 only. The M-274 says these employees "may instead choose to present their Form I-94 as a List C #7 document and must also present a List B identity document." Record the I-94 under List C with its admission number and "Admit Until" date.
3. Any other acceptable choice, such as an unrestricted Social Security card with a List B document.

The employee decides. Do not tell a U-1 to "bring the work permit" because that is what you usually see; the instructions say employers "cannot specify which documentation an employee may present." If you use E-Verify, an EAD is a photo-matching document; see E-Verify photo matching.

How does a pending green card application extend work authorization?

T and U nonimmigrants may apply for permanent residence on Form I-485. When the application is properly filed, USCIS issues a Form I-797C that serves as the receipt and extends the current status. If the I-485 was filed on time, that receipt "when presented in combination with a T-1, U-1, U-2, U-3, U-4, or U-5 nonimmigrant employee's Form I-94 admission record, is an acceptable List C #7 document." The extension runs two years past the I-94 date for T-1 and one year for U-1 to U-5, unless the I-485 is denied or withdrawn earlier. It does not apply to T-2 to T-6, who use the EAD route.

To check timeliness, the M-274 says the "Received Date" on the I-797C should be on or before the I-94 "Admit Until" or "Valid Until" date. Then:

1. New hire. Section 1: "An alien authorized to work until" and the extended I-94 date. Section 2, List C: "Employment auth. document (DHS)" as the title, the I-797C receipt number as the document number, the extended I-94 date as the expiration date, and "Pending I-485" in Additional Information, with the List B document recorded as usual.
2. Current employee whose Section 2 shows the I-94. Update Section 2 by entering "Pending I-485" and the extended date in Additional Information, and reverify by that date.
3. At reverification. On Supplement B, the same title, receipt number, extended date and "Pending I-485" note.

Example (made-up dates): a U-1 employee's I-94 shows "Admit Until" June 30, 2027, and the I-797C for their I-485 shows a Received Date of May 3, 2027. The filing was timely, so the combination shows work authorization until June 30, 2028. The same dates for a T-1 would run to June 30, 2029.

What about extensions filed on Form I-539?

T and U nonimmigrants can also ask to extend their status for law enforcement need or exceptional circumstances on Form I-539. The M-274 is direct: the I-797C received after filing an I-539 "is not an acceptable document for Form I-9 purposes." The employee may file Form I-765 for a renewed EAD with the I-539. Section 7.8 describes no automatic extension of a T or U EAD, so when the EAD or I-94 date arrives the employee needs another acceptable List A or List C document.

When do you reverify?

The M-274 says to reverify on Supplement B "no later than the date on which the employee's employment authorization or employment authorization document expires, whichever date comes first." Reverify only the List A or List C document, never the List B identity document, and let the employee choose what to present; see I-9 reverification. A U-1 whose EAD expires but whose I-94 runs longer may, at reverification, present the I-94 as a List C document instead of a new card.

What can't an employer ask?

The Form I-9 instructions say employees "do NOT need to prove their citizenship, immigration status, or national origin" and that requesting such proof or specific documents "may be illegal." For T and U employees that has a practical meaning:

• Never ask why the employee has T or U status, what happened to them, or whether they are cooperating with law enforcement. USCIS says information about a U petition is "strictly confidential and is protected by law."
• Do not ask for the USCIS approval notice, the I-918 or I-914 paperwork, or a law enforcement certification. None is a Form I-9 document.
• Keep copies of documents, if you make them, for every employee or for none; I-9 Central says choosing to copy for some employees only may violate anti-discrimination law.
• Never use reverification or document requests as leverage. The Justice Department's Immigrant and Employee Rights Section enforces 8 U.S.C. 1324b, which bars unfair documentary practices and retaliation or intimidation; its employer hotline is 1-800-255-8155.

Some U and T cases grow out of workplace crimes. The Labor Department's Wage and Hour Division says it will consider certifying U visa requests for crimes such as involuntary servitude, peonage, trafficking and fraud in foreign labor contracting. That process runs between the worker and the agency; your Form I-9 duties stay the same. Before an offer, ask any applicant only the standard questions in work authorization questions in interviews.

What should staffing agencies do?

The agency that employs and pays the worker completes Form I-9; M-274 Section 2.0 tells businesses not to complete it for people "employed by a contractor providing contract services." The client does not need the worker's immigration class, and the agency has no reason to pass it on. Diary T and U dates in the agency's own system, since a worker on a long assignment may reach a reverification date mid-contract; see Form I-9 for staffing agencies.

A T and U Form I-9 checklist

• Section 1: "An alien authorized to work until" with the EAD or I-94 date, and one identifying number.
• T-1 and U-1 to U-5: accept an EAD, or the I-94 as List C with a List B document, whichever they choose.
• T-2 to T-6: an EAD or other acceptable documents, never the I-94 alone.
• Bona fide determination and waiting-list EADs: List A like any other EAD.
• Pending I-485: Received Date on or before the I-94 date, then "Employment auth. document (DHS)", the receipt number, the extended date and "Pending I-485."
• I-539 receipts: not acceptable; reverify when the EAD or I-94 expires.
• No questions about the crime, the case or law enforcement, and no requests for immigration paperwork.