U.S. Custom and Immigration Services (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.
Next Steps for Employers
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. The DHS and ICE websites provide additional updates about when the extensions will end and when normal operations will resume.