As a result of litigation, USCIS will in limited circumstances allow an employer to accept notice of an EAD approval, in lieu of the EAD itself, as evidence of employment authorization for purposes of completing Form I-9.
On June 18, 2020, the U.S. Supreme Court issued a major victory for “Dreamers” and supporters of the Deferred Action for Childhood Arrivals (DACA) program, finding the Trump administration’s decision to terminate DACA was arbitrary and capricious in violation of the Administrative Procedure Act (APA). The decision effectively allows DACA recipients to remain safe from deportation, albeit perhaps temporarily, as the Trump administration and the Department of Homeland Security (DHS) review options regarding the future of the DACA program.
As a result of COVID-19, employers may treat an expired List B identity document as a receipt for I-9, Employment Eligibility Verification, purposes.
When considering layoffs and furloughs, employers should keep in mind the obligation to pay H-1B employees until employment is terminated.