I-9 Flexibility Due to EAD Delays
USCIS announced on August 19 that due to the COVID-19 pandemic, the production of 75,000 Employment Authorization Documents had been delayed.
Therefore, USCIS has allowed applicants to submit an I-797 Approval Notice of form I-765 as a temporary replacement of the EAD as a List C document supporting form I-9.
This rule is only applicable to I-797’s with Notice dates from December 1, 2019, to August 20, 2020. This rule is effective until December 1, 2020.
If the employee submits an I-797 in place of the EAD as a List C document, the employer must reverify the employee by December 1, 2020, when the rule expires. Before that, the employee will need to submit documents from either List A or List C as new employment authorization evidence.