Article

USCIS extends policy allowing employers to accept EAD approval notices

Dec 1, 2020

USCIS extends the policy allowing employers to accept an EAD approval notice rather than an EAD card as evidence of work authorization until February 1.

As we wrote about this summer, USCIS previously notified employers that an I-797, Notice of Action evidencing the approval of an Employment Authorization Document ("EAD") would be acceptable evidence of employment authorization for purposes of Form I-9 until December 1, 2020. This flexibility in the Form I-9 document requirements was a result of significant delays in the production of EAD cards following approval.

USCIS has now notified employers that they may continue this practice until February 1, 2021. However, employers will need to remember to reverify employees who present an I-797, Notice of Action in lieu of the actual EAD as a List C document no later than February 1, 2021.

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