The U.S. Citizenship and Immigration Services (USCIS) extended the validity of certain Forms I-797 Notice of Action (I-765 approval notices), for use as List C #7 document for Form I-9 verification compliance, from December 1, 2020 to February 1, 2021.
Important Notes
- 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 February 1, 2021.
- Employees will still need to present a List B document as the I-797 Approval Notice is not an identity document.
- Employers who entered a Dec. 1, 2020 expiration date on Form I-9 for employees who presented this Form I-797 as a new hire or for reverification, as directed in the original notification, must update their employees’ forms to document continued employment authorization. To do so, write the following in the Additional Information box in Section 2 of the Form I-9: “Employment Authorization Ext Until 02/01/2021“
- Employers must reverify the employment authorization of employees who present an I-797 Approval Notice as a List C document by February 1, 2021.
USCIS issued the original notification on August 19, 2020 due to Employment Authorization Document (EAD) production delays caused by COVID-19.
