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Form I-9 Requirements Flexibility Extended for an Additional 30 Days

Due to delays in the issuance of Employment Authorization Documents (EADs), USCIS has announced that employees may use the I-797 Notice of Action indicating that their I-765 EAD has been approved as a valid document for proof of work authorization. The Notice of Action would need to have a notice date between December 1, 2019 and August 20, 2020 in order to be used as a List C #7 document for I-9 purposes. The Notice of Action can be used for I-9 compliance until December 1, 2020; after this date, employees would need to be reverified and provide their employers with new evidence of work authorization.

For more information, see announcement in USCIS I-9 Central, or contact your FordMurray attorney or legal analyst. To learn more about I-9 compliance in an era of enforcement, contact us for a complimentary consultation.