Temporary Verification with Form I-797 Extended Through February 1, 2021

Due to further delays in production of the Form I-766, the USCIS allows applicants to instead use the Form I-797 until February 1, 2021.

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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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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