Foreign nationals have not been receiving their Employment Authorization ID cards (called "EADs") because USCIS is having an issue with one of the contractors that creates those cards. Accordingly, USCIS is allowing employers to accept the letter of approval as proof of an employee's employment eligibility to work in USA. Normally, that letter, ipso facto, is not an acceptable I-9 document. There is one important caveat: the foreign national must present both the USCIS EAD approval notice (treated as an I-9 "List C" document along with a valid I-9 "List B" document which proves identity. All of the "List B" documents are set forth below). Read USCIS's announcement: https://www.uscis.gov/i-9-central/form-i-9-verification-during-ead-production-delays-due-to-covid-19.
Documents that Establish Identity
Driver's license or identification card issued by a state or outlying territory of the U.S., provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address.
ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address
School ID card with a photograph
Voter registration card
U.S.military card or draft record
Military dependent’s ID card
U.S.Coast Guard Merchant Mariner Document (MMD) card
Native American tribal document
Driver’s license issued by a Canadian government authority
Acceptable List B Documents for individuals under the age of 18 who are unable to present a document listed above:
School record or report card
Clinic, doctor or hospital record
Day care or nursery school record
For minors under the age of 18 and certain individuals with disabilities who are unable to produce any of the listed identity documents, special notations may be used in place of a List B document.
We assist countless foreign nationals and we will be happy to personally assist you with your application as well. Drop us a line at Lawyer@MurrayLawNJ.com or call us at (888)354-6257. For reasons on why you should consult an immigration attorney whenever you have an immigration issue, see our page titled: Reasons Why it is Vital to Use an Immigration Lawyer.
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