Due to the COVID-19 public health emergency, the production of certain Employment Authorization Documents (Form I-766, EAD) is delayed. As a result, Department of Homeland Security (DHS) has announced that employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application for Employment Authorization (Form I-765) as a Form I-9, List C document that establishes employment authorization issued by the DHS.
For Form I-9 completion, employees who present a Form I-797 Notice of Action described above for new employment must also present their employer with an acceptable List B document that establishes identity. Current employees who require reverification can present this Form I-797 Notice of Action as proof of employment authorization under List C.
By December 1, 2020, employers must reverify employees who presented this Form I-797 Notice of Action as a List C document. These employees will need to present their employers with new evidence of employment authorization from either List A or List C.
This new procedure was implemented to address delays in the production of EADs, which occurred after the United States Citizenship and Immigration Services (USCIS) announced in June that it had ended a contract with an outside vendor to produce these cards. The agency anticipates that the delays will continue for the foreseeable future.
Employers are encouraged to accept new EADs presented by employees as soon as they receive them from USCIS prior to December 1, 2020, to satisfy the reverification requirement. However, it is the employee’s choice whether to present their new EADs, or a different document from either List A or List C.
