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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-Era 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.
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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 DocumentCurrent Status
Fully in EffectMay 4, 2022Acted 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