USCIS Says Employees Can Use Form I-797 for Form I-9 Verification During EAD Production Delays

November 23, 2020

USCIS announced that DHS is extending the validity of certain Forms I-797 due to continued EAD delays to 2/1/21. To complete Form I-9, employees requiring verification who are waiting for EAD may continue to present a Form I-797, with a notice date on or after 12/1/19 through 8/20/20 and indicating that USCIS has approved the employee’s Form I-765, through 2/1/21 as a List C #7 document.

August 19, 2020

USCIS announced that due to EAD production delays, employees may use Form I-797, Notice of Action, with a notice date on or after 12/1/19 through 8/20/20 informing approval of an Application for Employment Authorization (Form I-765) as a list C #7 document for Form I-9 compliance until 12/1/20.

Related Resources

• Practice Pointer: Use of a Form I-797 to Satisfy I-9 Documentation Requirements
• USCIS I-9 Central Announcement: Employment Authorization Document (EAD) Delays Due to COVID-19 – September 23, 2020
• Resource Center: 2019 Novel Coronavirus (COVID-19)
• Practice Alert: Delayed Production of Employment Authorization Documents (EADs) and Lawful Permanent Resident (LPR) Cards
• District Court Extends TRO in Class Action Challenging Delay in Issuance of EADs to August 24, 2020 (Subramanya, et al., v. USCIS, et al., 8/6/20)