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.
