As I’ve stated in an earlier blog post, there have been significant delays in EAD card productions. An EAD card is considered a List A document for Form I-9 verification purposes that establishes both identity and employment authorization. Because of the delay in producing EAD cards, USCIS has announced on its website that employees may present their I-765 approval notice, dated on or after December 1, 2019 through and including August 20, 2020, as a Form I-9, Employment Eligibility Verification, List C #7 document that establishes employment authorization issued by DHS. Please note that the I-765 approval notice can be accepted for the time being even though the notice itself states it is not evidence of employment authorization. Employees may present their I-765 approval notice as a list C document for Form I-9 compliance up until December 1, 2020. Please note that employees who present the I-765 approval notice as a List C document must also present an acceptable List B document to establish identity. Below is the list of acceptable documents for Form I-9:
The notice from USCIS states that employers must reverify employees who presented an I-765 approval notice as a List C document by December 1, 2020. At the time of reverification, the employee will need to present new evidence of employment authorization from either List A or List C.
