Following significant delays in the production of Employment Authorization Documents (EADs), USCIS will allow foreign nationals with approved EAD cases to use their approval notices for I-9 verification.
Yesterday, USCIS announced it would allow employees to present an approval notice (Form I-797) confirming approval of an I-765 Application for Employment Authorization as a List C document for purposes of I-9 verification. The notice must have a notice date from December 1, 2019 through August 20, 2020. If using the approval notice to establish employment authorization, employees must also present a valid List B document to establish identity. By December 1, 2020, employees must reverify using new evidence of employment authorization, such as the issued EAD card.
This change is part of a proposed consent decree in Subramanya v. USCIS, a class-action suit filed in July to compel USCIS to produce a backlog of approved EADs. USCIS has cited the COVID-19 pandemic and financial troubles as reasons for the delay in card production after it ended a contract with an outside vendor who was responsible for printing the cards.
Earlier yesterday, Immigration and Customs Enforcement (ICE) announced that it was extending permission to complete I-9s remotely due to COVID-19. The policy, which applies to businesses operating remotely during the pandemic, has been extended through September 19, 2020.