Client Alert: Printing Delays for Employment Authorization Documents Lead to I-9 Flexibility

Klasko Immigration Law Partners, LLP
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USCIS has acknowledged its delay in printing Employment Authorization Documents (“EADs”), leading to a flexible I-9 policy. Now, an I-797 Approval Notice for an Application for Employment Authorization (I-765) that has Notice dates on or after December 1, 2019, through and including August 20, 2020, is a valid List C document for employment authorization during the I-9 process. Employees may present the I-797 Approval Notice for I-9 compliance until December 1, 2020.

Employers will be required to reverify employees who presented the I-797 Approval Notice as a List C document by December 1, 2020. At that time, employees can present a List A document, a List C document, or the issued EAD card.

This flexible policy is part of a proposed settlement to resolve a proposed class action lawsuit challenging the delays in the printing of EADs. This lawsuit claims the agency has a printing backlog of approximately 75,000 EADs.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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