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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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Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
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