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Employers Now Authorized to Accept Approval Notices In Lieu of EAD Cards Because of Lengthy Processing Delays

Kauff McGuire and Margolis LLP
New York, NY
August 24, 2020

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This week the US Citizenship and Immigration Services (USCIS) announced that employees who have not received their employment authorization cards (EAD), but who did receive their employment authorization approval notices may use the approval notice itself as proof of employment authorization for I-9 purposes. The new policy, which arose out of litigation challenging the agency’s lengthy delays in processing employment cards, is limited, and only applies to notices dated between December 1, 2019 and August 20, 2020.  

Employers must still re-verify I-9 forms for employees who present these approval notices, and must do so by December 1, 2020. 

If you have any questions concerning I-9 documentation in response to the new policy, please contact our office.