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

  1. Date Announced

    Aug. 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]

    View Policy Document
  2. Effective Date of Change

    Aug. 20, 2020
  3. Subsequent Action

    November 23, 2020

    USCIS announces on 11/23/2020 that the validity of Forms I-797 for I-9 purposes will be extended through 2/1/21.

    Extension of Validity of Certain Forms I-797 Due to Continued Employment Authorization Document (EAD) Delays

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