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DHS Allows Use of an EAD Paper Approval Notice as Evidence of Employment Authorization
Aug 20, 2020

DHS Allows Use of an EAD Paper Approval Notice as Evidence of Employment Authorization

Topics: Immigration

On August 19, 2020, in response to technical difficulties producing I-766 Employment Authorization Documents (also known as EAD cards), the Department of Homeland Security announced that employees may produce and employers must accept a paper I-797 Notice of Action approving an Application for Employment Authorization (Form I-765) dated from December 1, 2019 to August 20, 2020 as evidence of employment authorization.  While an I-766 Employment Authorization Documents normally establishes both identity and eligibility to work in the United States, DHS states that employers should accept the notice of action as an I-9 “List C” document or a document that establishes employment eligibility only.  Employers who accept a notice of action as evidence of employment authorization are required to revalidate the employee’s I-9 document by December 1, 2020.  While DHS encourages employees to use their newly issued I-766 Employment Authorization Document to revalidate their I-9 form as soon as they receive the card, employers may not specify what documents an employee produce when revalidating an I-9.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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