Non-immigrant workers who have an approved Employment Authorization Document (EAD) can use their approval notice issued during a specific period in lieu of the printed EAD card. The EAD card (Form I-765) is required as proof of employment eligibility before joining work with an employer in the US. Immigration Services made this adjustment to the rule of needing a List C document for Form I-9, Employment Eligibility Verification compliance. This is to allow Immigration Services to catch up with the delays in printing of approved EAD cards that were delayed due to the Coronavirus pandemic.
Read: Delay In Printing Green Cards & EADs
For the past few months, several non-immigrant workers, including spouses of H-1B workers on H4 visas, were unable to seek employment or continue in existing ones due to delays in getting printed work permits, even after getting approval. Going forward, Immigration Services announced that workers can use the approval notice (Form I-797) for the Employment Authorization Document (Form I-765) as proof of employment eligibility.
What You Should Know About The Form I-9 Employment Verification
The Form I-797 Notice of Action as proof of employment authorization under List C is also applicable to current employees who require re-verification. All H4 EAD employees who presented the Form I-797 Notice of Action as a List C document will have to submit new evidence of employment authorization from either List A or List C. By the applicable deadline, employers must re-verify these employees and seek a copy of the EAD card once the employee receives it.
Immigration Services has now released a new, updated Form I-765. For EAD applications postmarked after the updated form's release date, Immigration Services will only accept the new version. This includes Form I-765 WS. Immigration Services continues to accept the previous version if submitted before that cutoff date.
Immigration Services Steps Up During The Pandemic
Offers leniency for the submission and response of some notices
Immigration Services Accepts Delayed Responses
Updated Document List For H4 EAD Employment Verification
While the Department of Homeland Security will now accept the EAD approval notice as evidence of employment authorization for Form I-9 compliance, the following list of documents also have to be submitted when an H4 EAD visa holder is seeking employment:
List A: Document establishing both Evidence of Identity & Employment Authorization
US Passport Permanent resident card EAD Card Form I-797, Approval Notice for EAD Foreign passport with Form I-94 or Form I-94A with Arrival-Departure Record
List B: Document establishing identity for Form I-9 employment verification
Federal or state issued ID card Valid driver's license For minors and those without the above — school and/or doctor's documentation
List C: Documents establishing employment authorization (also attach a document from List B)
Valid federal benefits card Birth Certificate US Citizen or Resident ID card
Others:
Approved Form I-140 Immigration Petition for Alien Worker Marriage certificate or another secondary evidence of marriage to the primary beneficiary Copy of Form I-94 reflecting non-immigrant status Updated Form I-765, Application for EAD
Secondary List of Support Documents
Applied for EAD? Here's how you can follow and expedite the processing times.
Expedite H4 EAD from Path2USA – Travel Guide for USA
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