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.