EXPRESS REQUESTS

Top resources for your toughest HR questions

Form I-9 Flexibility Due to EAD Production Delays

LIKE SAVE

​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 2020

USCIS 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 Requests

Reopening Your Workplace
Reopening Your Workplace: Overviews
Masks/Face Coverings in the Workplace
Tips for Wearing a Mask in Summer
Recalling/Rehiring Employees
When Employees Refuse to Return to Work
Addressing Fears About Returning to the Workplace

Testing | Screening | Diagnosis | Vaccine
Testing Employees for COVID-19
Taking Employee Temperatures
Antibody Testing (or Not)
Responding to Employee's COVID-19 Diagnosis
Contact-Tracing in the Workplace
Mandating COVID-19 Vaccine

Employee Relations
Preventing COVID-19 Related Workplace Violence
Employee Travel Amid the Pandemic
Updating an Employee Handbook for COVID-19
Shadow Pandemic: Rise in Domestic Violence
COVID-19 Liability Waiver Considerations
Encouraging Employees to Take Time Off
Vacation Policy Changes Amid Pandemic
Heat Illness Prevention Amid COVID-19
Accommodating Workers at Higher Risk for Severe Illness
COVID-19 Myth Busters
EEOC Updates Coronavirus-Related Guidance
Communicating with Employees

Remote Workers
Remote Workers' Expense Reimbursement
Allowing Telework
Engaging Remote Workers
Remote Work & State Tax Issues
Monitoring Remote Workers
Combatting Zoom Fatigue

Talent Acquisition
Form I-9 Flexibility Due to EAD Production Delays
Virtual Onboarding
Preemployment Background Checks During COVID-19
Completing Form I-9 for Remote Workers
Documenting an Expired Driver's License on I-9 and E-Verify
Executive Order Restricts Employment-Based Immigration

Families First Coronavirus Response Act (FFCRA)
FFCRA: School Reopening (or Not) Plans
General (Overviews, DOL Resources, More)
IRS FAQs on Tax Credits & Required Documentation
Decision Flow Charts
Valuing Health Plan Costs for Tax Credits

Coronavirus Aid, Relief and Economic Security (CARES) Act
Overviews of Implications for Employers
Employee Retention Tax Credit
Business & Nonprofit Relief
Employee Benefit Plan Provisions
Paycheck Protection Program (Loan Forgiveness)
Unemployment Expansion & Extension
Potential Relief for Government Contractors
Valuing Health Plan Costs for Tax Credits

Compensation and Benefits
Lost Wages Assistance (Unemployment Benefits)
DOL on Tracking Teleworkers' Hours
Workers' Payroll Tax Deferral
Virtual Benefit Fairs
Health Carrier COVID-19 Premium Credits
COBRA Deadlines Temporarily Extended
Various Benefit Plan Deadline Extensions
Survey Reports: Pay Adjustments Amid COVID-19
Families First Coronavirus Response Act (Paid Leave; Enhanced FMLA; More)
USERRA and COVID-19
Reducing Employer's Retirement Plan Contribution/Match
U.S. Wage and Hour Issues
Making Tax-Favored Disaster Relief Payments to Employees
Leave Donation Programs
IRS Relaxes HDHP Rules

Layoffs and Alternatives to Layoffs
Pay Reductions
Shared-Work/Work Share Programs
Layoff Alternatives
Worker Adjustment and Retraining Notification (WARN) Act
California EDD Work Sharing Program
Please also see under CARES Act (above):
Employee Retention Credit
Paycheck Protection Program

Essential Businesses and Workers
Essential Business Designation
Essential Workers: Identifying

General
Employer Resource Centers (U.S. and Global)
Preparedness Plan
Beware Phishing Scams

Tell Us About Your Workplace’s Resiliency
HR 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.

SURVEYTell us what you think about the Express Request service in four quick questions.

HR Daily Newsletter

News, trends and analysis, as well as breaking news alerts, to help HR professionals do their jobs better each business day.