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U.S. Citizenship and Immigration Services announced Wednesday that between now and Dec. 1 it will permit employers to accept certain employees’ Form I-797 Notice of Action showing approval of an Employment Authorization Document (EAD) (Form I-765) application as a List C employment authorization document for Form I-9 compliance.
Background: The temporary change was made because of what USCIS called the “extraordinary and unprecedented COVID-19 public health emergency” and related delays in the production of Employment Authorization Documents (Form I-766/EADs).
BAL Analysis: The change is a significant development that eases I-9 requirements during the pandemic for those that have been eagerly awaiting the delivery of their EAD months after their approvals have arrived. It will allow affected employees to begin working sooner before receiving their EAD card, if they received the required notification that their EAD application was approved between Dec. 1, 2019 and Aug. 20, 2020. Employers are reminded that if an employee presents an approval notice in reliance on this announcement, they must re-verify the employee’s work authorization by Dec. 1, 2020. BAL continues to monitor the administration’s response to the COVID-19 pandemic and will provide additional information as it becomes available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact firstname.lastname@example.org.
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