On August 19, 2020, USCIS announced that due to the extraordinary and unprecedented COVID-19 public health emergency, resulting in delay in the production of the EAD Cards (Form I-766, EAD), now an Alien may use Form I-797, Approval Notice, with a Notice date on or after December 1, 2019 through and including August 20, 2020, as a List C #7 document on Form I-9, Employment Eligibility Verification that establishes employment authorization issued by the Department of Homeland Security pursuant to 8 C.F.R. 274a.2(b)(1)(v)(C)(7). The Aliens may present their Form I-797 Approval Notice of their I-765 application as a list C document for Form I-9 compliance until December 1, 2020.
For Form I-9 completion, Aliens who present a Form I-797 Approval Notice described above for new employment must also present their employer with an acceptable List B document that establishes identity. The Lists of Acceptable Documents is on Form I-9 https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf. 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 Aliens who presented this Form I-797 Approval Notice as a List C document. These Aliens will need to present their employers with new evidence of employment authorization from either List A or List C. Also, it is the Aliens’ choice whether to present their new EADs, or a different document from either List A or List C.
We will regularly update the blog as soon as any new information is available.
This article aims to provide new information concerning delay in printing the EAD Card, and USCIS guidance on the same. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).