USCIS announced on August 19, 2020, the production of certain Employment Authorization Documents (Form I-766, EAD) is delayed. Therefore, employees may in the meantime use their Form I-797, Notice of Action so long as the Notice date is 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 their List C #7 document for their Form I-9 compliance until December 1, 2020.

The I-797 Notice of Action document being used will not prove evidence of identity or serve as a List A document establishing both identity and employment authorization or a List B document establishing identity for Form I-9 purposes. The employee providing a Form I-797 Notice of Action for new employment must also present their employer with acceptable a List B document establishing identity.

USCIS notifies that employers have a duty to reverify employees who use their Form I-797 Notice of Action as a List C document by December 1, 2020. These employees will need to present their employers with new evidence of employment authorization from either List A or List C. For a list of acceptable documents, USCIS provides a list on their portal located here.

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