The Form I-797, Notice of Action, can be used as a List C Document titled "Employment Authorization Issued by Department of Homeland Security", as long as:

• The Form I-797 indicates that the Employment Authorization Document (EAD) has been approved for at least three months;
• The Form I-797 has a Notice Date between December 1, 2019 and August 20, 2020; and
• The employee can present (or has previously presented) an acceptable List B identity document.

This Form notifies an applicant that they have been approved for an Application for Employment Authorization (Form I-765).

The document number should be entered as the 13-digit receipt number that is on the I-797, and the expiration date should be listed as February 1, 2021. By February 1, 2021, employers must re-verify employees who presented this Form I-797 Notice of Action as a List C document. Unless there are further extensions, these employees will need to present their employers with the new evidence of employment authorization from either Lisa A or List C.

For any employees who were verified or re-verified based on the earlier USCIS guidance who still do not have their Form I-766 Employment Authorization card, an extension until February 1, 2021 should be noted in the "Additional Information" box in Section 2 of the Form I-9.

If you have any additional questions, please contact your sales executive, account manager, or our customer service team.

SOURCE: U.S. Citizenship and Immigration Services

Posted: December 1, 2020

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