Employers may accept I-797 Approval Notices for Delayed EAD Cards

On August 19, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced that due to Employment Authorization Document (EAD) production delays caused by COVID, employees may use Form I-797, Notice of Action, as a list C #7 document for Form I-9 verification compliance.

Here are some important points to note:

  • The I-797 Notice of Action should have a notice date on or after December 1, 2019 through August 20, 2020, indicating approval of an Application for Employment Authorization (Form I-765);
  • Employees may use Form I-797 approval notice as a list C #7 document until December 1, 2020;
  • Employees will still need to present a List B document as the I-797 Approval Notice is not an identity document; and,
  • Employers must reverify the employment authorization of employees who present an I-797 Approval Notice as a List C document by December 1, 2020.

The announcement came a day after USCIS extended the I-9 compliance flexibility requirements for another 30 days — through September 19, 2020.


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