On Aug 20 2020 by Michele G. Madera

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

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.

Please contact your Klasko attorney if you have any questions about this Client Alert, or if you need to speak with a member of Klasko’s worksite compliance team.


The material contained in this article does not constitute direct legal advice and is for informational purposes only.  An attorney-client relationship is not presumed or intended by receipt or review of this presentation.  The information provided should never replace informed counsel when specific immigration-related guidance is needed.

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