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Original Date Announced
August 19, 2020USCIS announces that due to EAD production delays caused by COVID-19, certain Forms I-797s, Notice of Action, with a notice date of December 1, 2019 to August 20, 2020 will be valid for establishing employment authorization for Form I-9 purposes. The employee may present the Form I-797 as a List C #7 document. After December 1, 2020, the employee will need to show other evidence of employment authorization for reverification.
[ID # 1212]
Form I-9 Verification During EAD Production Delays Due to COVID-19 USCISEffective Date
August 20, 2020Subsequent Trump and Court Action(s)
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November 23, 2020
Extension of Validity of Certain Forms I-797 Due to Continued Employment Authorization Document (EAD) Delays
USCIS announces on 11/23/2020 that the validity of Forms I-797 for I-9 purposes will be extended through 2/1/21.
View Document
Biden Administration Action: Modified
May 4, 2022Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants
This temporary final rule increases from 180 days to 540 days the automatic extension period for expiring Employment Authorization Documents (EADs). This increase is available to eligible renewal applicants with pending Forms I-765 as of the date of the rule (May 4, 2022), including those whose employment authorizations may have lapsed following the initial 180-day extension period, and any eligible applicant who files a renewal Form I-765 during the 540-day period beginning on or after May 4, 2022, and ending October 26, 2023.
View DocumentBiden Administration Action: Modified
April 8, 2024Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation
Effective April 8, 2024, USCIS published a second temporary final rule to increase the automatic extension period applicable to expiring Employment Authorization Documents (Forms I–766 or EADs) for certain renewal applicants who have filed Form I–765. The automatic extension period will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs.
View DocumentBiden Administration Action: Modified
December 13, 2024Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document Renewal Applicants
On December 13, 2024, the Biden administration issued a final rule to permanently increase the automatic extension period for expiring employment authorization and/or Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants from 180 days to 540 days. This policy finalized the April 8, 2024 temporary rule and makes the increase permanent.
The policy takes effect on January 13, 2025.
View DocumentCurrent Status
Fully in EffectMost Recent Action
December 13, 2024 Action: Modified Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document Renewal ApplicantsMay 4, 2022Acted on by Biden Administration
April 8, 2024Acted on by Biden Administration
December 13, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Employment Verification Immigrant Visas Non-Immigrant VisasAgencies Affected: USCIS
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com