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