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

August 20, 2020
×Close
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.
Upcoming Webinars
VIEW ALL

Related News

VIEW ALL
Success Story: EB-1a approved in two weeks

Attorney Mika B. Kozar filed an EB-1 Extraordinary Ability Immigrant Petition for one of the most prominent, accomplished, and forward thinking experts in the field of Enterprise Solutions Architecture, including Artificial Intelligence (AI), the Internet of Things (IOT), and Machine Learning.   The self-petitioned beneficiary is well known in the global information technology industry for […]

Class Action Lawsuit Seeks to Challenge USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses

The American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit today challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed […]

Success Story: H-4 EAD Litigation

Attorney Mika B. Kozar, filed a lawsuit for a bank employee seeking a D.C. federal court to compel U.S. Citizenship and Immigration Services to address delays in his visa renewal application, saying the delays put him at risk of losing his job. The complaint said that the USCIS has unreasonably delayed renewing his visa and […]