USCIS has recognized EAD approval notice [I-797 Notice of Action] as an acceptable document confirming the employment authorization

August 20, 2020
On August 8, 2020, USCIS announced that Form I-797 Notice of Action showing approval of the I-765 application will be an acceptable document confirming the employment authorization of an individual.  The new change is the USCIS policy would be a blessing to those employees who had their I-797 applications approved, but were forced to quit their job as USCIS had a considerable delay in printing the actual EAD card.  More than 70,000 EAD cards were to be printed. As per the prior USCIS policy, the I-797 itself was not an evidence of employment authorization, but the employees had to submit the actual EAD as proof of employment authorization.  The new policy changes the current regulation until December 1, 2020. 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 document that establishes employment authorization. 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.

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