Due to USCIS delays in production of certain employment authorization documents, USCIS announced that employees may use Form I-797, Notice of Action to complete I-9 verification with the following caveats: 

  • the notice date on the I-797 must be on or after December 1, 2019 through and including August 20, 2020; 
  • receipt notice is not sufficient, it must be an I-797 informing an applicant of approval of an Application for Employment Authorization (Form I-765); 
  • the I-797 approval notice functions as a List C document through December 1, 2020 even though it states on its face that it is not evidence of employment authorization; 
  • the use of the I-797 as described above is not a List A document (establishing both identity and employment authorization) or a List B document (establishing identity), so 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. 

The lists of acceptable documents are on Form I-9.  

For reverification, employees 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. We encourage employers 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 employees’ choice whether to present their new EADs, or a different document from either List A or List C. 

As always, contact Poarch Thompson Law if you have questions or need clarification. 

Current through 9.1.20