Important Updates
Important Updates
November 14, 2025 | United StatesUnited States: December 2025 Visa Bulletin – Employment-Based Final Action Dates Move Ahead While Most Dates for Filing Remain the Same, With No Retrogressions; USCIS to Honor Dates for Filing
November 14, 2025 | AustriaAustria: Frontier Worker Permit Forthcoming
November 14, 2025 | Kuwait, BahrainBahrain, Kuwait: Penalty Introduced for Late Payment of Social Security Contributions to GCC Nationals
November 14, 2025 | Costa RicaCosta Rica: Fast-Track Immigration Process for Accredited Companies Launched
November 14, 2025 | NetherlandsThe Netherlands: Stricter Proof of Salary Receipt Requirements for Recognized Sponsors Forthcoming
November 14, 2025 | United StatesUnited States: December 2025 Visa Bulletin – Employment-Based Final Action Dates Move Ahead While Most Dates for Filing Remain the Same, With No Retrogressions; USCIS to Honor Dates for Filing
November 14, 2025 | AustriaAustria: Frontier Worker Permit Forthcoming
November 14, 2025 | Kuwait, BahrainBahrain, Kuwait: Penalty Introduced for Late Payment of Social Security Contributions to GCC Nationals
November 14, 2025 | Costa RicaCosta Rica: Fast-Track Immigration Process for Accredited Companies Launched
November 14, 2025 | NetherlandsThe Netherlands: Stricter Proof of Salary Receipt Requirements for Recognized Sponsors Forthcoming
November 14, 2025 | United StatesUnited States: December 2025 Visa Bulletin – Employment-Based Final Action Dates Move Ahead While Most Dates for Filing Remain the Same, With No Retrogressions; USCIS to Honor Dates for Filing
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

USCIS Issues Temporary I-9 Verification Accommodations Due to EAD Production Delays

August 20, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • Through December 1, 2020, employers may accept an Employment Authorization Document (EAD) approval notice as a List C document when establishing employment verification in the I-9 process.
  • Only approval notices issued on or after December 1, 2019 and through and including August 20, 2020 will qualify under this accommodation.
  • For employment authorization to continue after December 1, 2020, employers must reverify employees with new evidence of employment authorization. EAD approval notices will not be accepted after this date. 

A closer look

U.S. Citizenship and Immigration Services (USCIS) announced that due to COVID-19-related delays in the production of Employment Authorization Documents (EADs), certain foreign nationals may use an EAD approval notice to establish employment authorization during the I-9 verification process, even though such notices explicitly state that they do not establish such authorization. 

The accommodation comes after a settlement was reached between the parties in Subramanya, et al., v. USCIS, a class action lawsuit filed against USCIS, claiming harm resulting from the recent extensive delays in EAD card issuance. 

I-9 employment verification under this accommodation

Through December 1, 2020, employers may accept from employees a Form I-797, Notice of Action, dated on or after December 1, 2019 and through and including August 20, 2020 and indicating that their EAD application has been approved, as a Form I-9, Employment Eligibility Verification, List C #7 document establishing employment authorization. Typically, employers may only accept the issued EAD card, and only as a List A document, under normal I-9 rules. 

The accommodation will permit employees with Form I-797 approval notices to complete the I-9 process and begin work prior to issuance of their EAD card.

USCIS explicitly stated that the approval notice will not provide evidence of identity as a List B document, or serve as a List A document establishing both identity and employment.

For Form I-9 completion, employees who present an approval notice for new employment must also present their employer with an acceptable List B document that establishes identity, such as a State driver’s license, a government ID or a Voter Registration Card. A complete list of acceptable identify documents is available in Form I-9’s instructions.

What to expect as the accommodation expires

By December 1, 2020, the date the accommodations expire, employers must reverify employees who presented an approval notice as a List C#7 document. Employees will need to present their employers with new evidence of employment authorization from either List A or List C.

USCIS encourages employers to accept new EADs as soon as they are issued and presented by the employees, even if prior to December 1. However, it is the employees’ choice whether to present their new EADs, or a different document from either List A or List C. As a reminder, due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement has extended its remote I-9 document inspection policy through September 19, 2020.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen or the firm’s Government Strategies and Compliance Group.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Fragomen news

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Fragomen news

Global Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel

Partner Abeer Al Husseini discusses the Gulf Cooperation Council’s new unified multi-entry visa and its implications for business travel and compliance across the region.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Fragomen news

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Fragomen news

Global Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel

Partner Abeer Al Husseini discusses the Gulf Cooperation Council’s new unified multi-entry visa and its implications for business travel and compliance across the region.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.