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Due to extensive delays in the production and issuance of Employment Authorization Documents (Form I-766, EAD) by the United States Citizenship and Immigration Services (USCIS), the agency announced that employees may temporarily use Form I-797 Approval Notices for EADs as a Form I-9, Employment Eligibility Verification, List C #7 document that establishes employment authorization. The Form I-797 Approval Notices must have been issued from December 1, 2019 through August 20, 2020. Employees may present their Form I-797 Approval Notice until December 1, 2020, and must also present their employer with an acceptable List B document that establishes identity. Current employees who require reverification can present this Form I-797 Approval Notice as proof of employment authorization under List C. By December 1, 2020, the employer must re-verify employees who presented the Form I-797 Approval Notice as employment verification. These employees will need to present their employers with new evidence of employment authorization from either List A or List C. Employers should note that it is the employee's choice whether to present the EAD or another document from either List A or List C. This new procedure was implemented to address delays in the production of EADs, which occurred after the USCIS announced in June that it had ended a contract with an outside vendor to produce these cards. The agency anticipates that the delays will continue for the foreseeable future. Although Green Cards are also affected by this production delay, those individuals with approved Green Cards may obtain a stamp as temporary evidence of work authorization. Form I-9 Verification Due to EAD Production Delays Littler | Aug 2020 Form I-9 Verification During EAD Production Delays Due to COVID-19 USCIS | Aug 2020 Please complete the brief survey near the bottom of this page. Additional Law Firm Articles Waiting for Green Cards
Jackson Lewis | Sep 2020USCIS Temporarily Allows Employees to Present I-797 Approval Notices Schwabe | Aug 2020 Flexibility on I-9 verification process is extended as COVID-19 continues Constangy | Aug 2020 USCIS Issues Temporary I-9 Verification Accommodations Due to EAD Production Delays Fragomen | Aug 2020
Index of COVID-19 Express RequestsReopening Your WorkplaceReopening Your Workplace: OverviewsMasks/Face Coverings in the WorkplaceTips for Wearing a Mask in SummerRecalling/Rehiring EmployeesWhen Employees Refuse to Return to WorkAddressing Fears About Returning to the WorkplaceTesting | Screening | Diagnosis | VaccineTesting Employees for COVID-19Taking Employee TemperaturesAntibody Testing (or Not)Responding to Employee's COVID-19 DiagnosisContact-Tracing in the WorkplaceMandating COVID-19 VaccineEmployee RelationsPreventing COVID-19 Related Workplace ViolenceEmployee Travel Amid the PandemicUpdating an Employee Handbook for COVID-19Shadow Pandemic: Rise in Domestic ViolenceCOVID-19 Liability Waiver ConsiderationsEncouraging Employees to Take Time OffVacation Policy Changes Amid PandemicHeat Illness Prevention Amid COVID-19Accommodating Workers at Higher Risk for Severe IllnessCOVID-19 Myth BustersEEOC Updates Coronavirus-Related GuidanceCommunicating with EmployeesRemote WorkersRemote Workers' Expense ReimbursementAllowing TeleworkEngaging Remote WorkersRemote Work & State Tax IssuesMonitoring Remote WorkersCombatting Zoom FatigueTalent AcquisitionForm I-9 Flexibility Due to EAD Production DelaysVirtual OnboardingPreemployment Background Checks During COVID-19Completing Form I-9 for Remote WorkersDocumenting an Expired Driver's License on I-9 and E-VerifyExecutive Order Restricts Employment-Based ImmigrationFamilies First Coronavirus Response Act (FFCRA)FFCRA: School Reopening (or Not) PlansGeneral (Overviews, DOL Resources, More)IRS FAQs on Tax Credits & Required DocumentationDecision Flow ChartsValuing Health Plan Costs for Tax CreditsCoronavirus Aid, Relief and Economic Security (CARES) ActOverviews of Implications for EmployersEmployee Retention Tax CreditBusiness & Nonprofit ReliefEmployee Benefit Plan ProvisionsPaycheck Protection Program (Loan Forgiveness)Unemployment Expansion & ExtensionPotential Relief for Government ContractorsValuing Health Plan Costs for Tax CreditsCompensation and BenefitsLost Wages Assistance (Unemployment Benefits)DOL on Tracking Teleworkers' HoursWorkers' Payroll Tax DeferralVirtual Benefit FairsHealth Carrier COVID-19 Premium CreditsCOBRA Deadlines Temporarily ExtendedVarious Benefit Plan Deadline ExtensionsSurvey Reports: Pay Adjustments Amid COVID-19Families First Coronavirus Response Act (Paid Leave; Enhanced FMLA; More)USERRA and COVID-19Reducing Employer's Retirement Plan Contribution/MatchU.S. Wage and Hour IssuesMaking Tax-Favored Disaster Relief Payments to EmployeesLeave Donation ProgramsIRS Relaxes HDHP RulesLayoffs and Alternatives to LayoffsPay ReductionsShared-Work/Work Share ProgramsLayoff AlternativesWorker Adjustment and Retraining Notification (WARN) ActCalifornia EDD Work Sharing ProgramPlease also see under CARES Act (above):Employee Retention CreditPaycheck Protection ProgramEssential Businesses and WorkersEssential Business DesignationEssential Workers: IdentifyingGeneralEmployer Resource Centers (U.S. and Global)Preparedness PlanBeware Phishing ScamsTell Us About Your Workplace’s ResiliencyHR professionals have played a critical role in leading their organizations through some of the toughest workplace challenges they’ve ever faced. Public officials need to hear from HR professionals about how they are adapting to new challenges, adjusting business practices and providing innovative solutions for the world of work. Tell us how your organization has been resilient during the COVID-19 pandemic.SURVEY: Tell us what you think about the Express Request service in four quick questions.
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