New Decision Means You Can Temporarily Use Form I-797 EAD Approval for Form I-9 Verification

Qualifying Form I-797s must include a notice date on or after 12/1/19 through 8/20/20. Additionally, this form must be informing of Approval of an Application for EAD (Form I-765) until 12/1/20. Employees may use the EAD Approval Notice to establish employment authorization during the I-9 verification process. 

This decision comes after a settlement from a class action lawsuit against USCIS, asserting harm from the recent extensive delays in EAD card issuance. It was discovered that USCIS had ended the contract with the printing company responsible for printing these documents and had intended to shift this work to federal employees. 

However, USCIS failed to shift the work internally, and as a result millions of approved EADs are still waiting to be printed.  

Employees who choose to present a Form I-797 Notice of Action for Form I-9 verification as noted above must also present an acceptable List B document that establishes their identity. The Form I-797 Notice of Action is considered a List C document. 

Additionally, employers should make note that by December 1, 2020, they must reverify employees who presented a Form I-797 Notice of Action as a List C document. These employees will need to present new evidence of employment authorization from either List A or List C.