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COVID-19: USCIS allows employees to use Form I-797 for Form I-9 verification during EAD production delays

  1. Original Date Announced

    August 19, 2020

    USCIS 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 USCIS
  2. Effective Date

    August 20, 2020
  4. Biden Administration Action: Modified

    May 4, 2022

    Temporary 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 Document

Current Status

Fully in Effect
May 4, 2022
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS

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