Employers can now Accept EAD Approval Notices for I-9 Employment Verification

USCIS accounted today that due to backlogs in employment authorization card productions, employers can accept work permit approval receipts when establishing employment verification in the I-9 process.

In normal times, when an employee starts at a company, companies are obligated to completes the I-9 Employment Eligibility Verification. This verification is mandatory for all employees, including U.S. citizens. The procedure involves the employers filling out the I-9 form and verifying in person one or two pieces of government issued identification from the employee to prove the employee’s eligibility. To learn more about the I-9 verification process during COVID times, please click here.

Through December 1, 2020, employers may accept from employees a Form I-797, Notice of Action, dated on or after December 1, 2019 and through and including August 20, 2020 and indicating that their EAD application has been approved, as a Form I-9, Employment Eligibility Verification, List C #7 document establishing employment authorization. Typically, employers may only accept the issued EAD card, and only as a List A document, under normal I-9 rules. This allows the employee with a EAD approval notice to complete the I-9 process and begin work prior to receiving the physical EAD card.

According to USCIS, its internal employees are producing 10,000 cards a day, which is barely making a dent on the backlog of 115,000 green cards and work authorization cards they have.