Employers May Temporarily Use Form I-797 to Verify Employment Eligibility on Form I-9
By: Joy Dungca
The production of certain Employment Authorization Documents (EAD) is delayed due to the COVID-19 pandemic. Through December 1, 2020, certain employees may use an EAD approval notice as a List C document for employment verification purposes during the Form I-9 process. This Form I-797, Notice of Action for Form I-765 can only be used for employment verification purposes if it indicates that the EAD application has been approved and the notice date is between December 1, 2019 and August 20, 2020. After December 1, 2020, employers may no longer accept Form I-797 for employment verification.
An employee who submits an EAD approval notice to demonstrate their employment eligibility for Form I-9 will also need to present a List B document that establishes their identity, such as a state-issued driver’s license or ID card.
Employee Reverification Process
Employers will need to re-verify employees who use Form I-797 by December 1, 2020 using new evidence of employment authorization from either List A or List C. These employers should review and document new EADs from employees as soon as they are available before December 1, 2020. However, employees may choose whether they want to submit their new EAD or another form of proof from List A or C.