Due to extensive delays in issuing employment authorization documents (“EAD cards”), USCIS announced Wednesday, August 19, 2020, 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, Employment Eligibility Verification, List C #7 document that establishes employment authorization issued by the Department of Homeland Security, even though the Notice states it is not evidence of employment authorization. Employees may present Form I-797 Notice of Action showing approval of their I-765 application as a list C document for Form I-9 compliance until December 1, 2020. 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.
