Over the course of the summer, we have seen unprecedented delays in USCIS issuance of EAD cards and green cards. Earlier this week, USCIS announced a
temporary policy for workers awaiting issuance of their physical EAD cards following approval by USCIS. The policy allows employees to present for I-9 purposes Form I-797, Notice of Action reflecting approval of an I-765 application with a notice date between December 1, 2019 and August 20, 2020. The notice will be considered a List C #7 document which establishes employment authorization issued by DHS (even though the notice states it is not evidence of employment authorization). This temporary policy will be in place until December 1, 2020. Employees presenting the I-797 notice for new employment must also present an acceptable List B document establishing identity.
By December 1, 2020, employers who relied on this temporary policy must reverify all employees who present this Form I-797 as a List C document. Employees will need to present new List A or List C evidence of employment authorization. In most cases, this would be the employee's new EAD card once they have received it (though it is the employee's choice whether to present the new EAD or a different List A or C document).
Note that employees who are awaiting issuance of physical green cards can schedule an appointment at their local USCIS office to obtain an I-551 stamp in their passport, which serves as evidence of their lawful permanent resident status until the green card is received.
