Employer I-9 Update: Using I-797s During EAD Production Delays
COVID-19 has led to unprecedented EAD production delays, leaving many foreign workers without proof of work authorization. A federal judge ordered the delayed green cards and EADs to be printed within seven days, but with one production facility shut down and a furlough looming, workers may still be left waiting.
USCIS announced that due to the printing production delays, employers may now accept Form I-797, Notice of Action, with a notice date on or after 12/1/2019 through 8/20/2020 (that indicates approval of the EAD) during I-9 verification. The approval notice is an acceptable list C #7 document for compliance through December 1, 2020, even though the notice states it is not evidence of employment authorization.
The announcement notes that the I-797 does not provide evidence of identity or serve as a document establishing both identity and employment authorization. Any employee presenting an approval notice for new employment must also prove their identity with acceptable List B documents. Employees presenting the document for reverification purposes can use the I-797 as proof of work authorization under list C.
The employer must reverify any employee who presents the I-797 Notice of Action as a List C document by December 1, 2020.