NewsFlash! EAD Approval Notices Can Temporarily Be Used to Show Work Authorization

The U.S. Citizenship and Immigration Services (USCIS) has announced that, due to delays in the production of employment authorization documents (EADs), a form I-797 approval notice that has a notice date on or after December 1, 2019 through and including August 20, 2020, can be used to evidence work authorization. The USCIS announcement advises employers that this approval notice can be used for form I-9 purposes, rather than the physical EAD, which normally is required. Employers will need to re-verify the employment eligibility of these individuals by December 1, 2020.

Unfortunately, this only applies to those with an I-797 approval notice. It does not serve to provide work authorization to a person with a pending EAD application.

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