Certain Employees May Present New or Corrected Forms I-797C, Notices of Action
USCIS issued new or corrected I-797, Notice of Action, receipt notices to certain individuals who did not initially receive information about the up to 540-day Employment Authorization Document (EAD) auto-extension period.
- For pending asylum applicants, USCIS issued Form I-797C, Notice of Action (I-797 receipt), that did not include information about the up to 540-day Employment Authorization Document (EAD) auto-extension period for individuals that filed a Form I-765 to renew their employment authorization and EAD. These employees can present their new I-797C receipt with their expiring or expired EAD with a Category Code of C-08 as a List A document that is valid for up to 540 days.
- For Temporary Protected Status (TPS), USCIS either did not issue a Form I-797C receipt to some beneficiaries, or the notices issued did not include the up to 540-day EAD auto-extension period. These employees may present their new I-797C receipt indicating either A-12 or C-19 as the Class Requested with their expiring or expired EAD with a Category Code of A-12 or C-19 as a List A document that is valid for up to 540 days. Note that the Class Requested on Form I-797C and the Category Code on the EAD do not have to match.
For more information on the 540-day Employment Authorization Document (EAD) auto-extension period, visit the USCIS Automatic Employment Authorization Document (EAD) Extension page.
New employees presenting an EAD that has been automatically extended with the Form I-797C referring to an extension of up to 540 days must complete Section 1 as follows:
- Select "An alien authorized to work until;" and
- Enter the date that is 540 days from the "Card Expires" date on the EAD as the expiration date of employment authorization. To calculate that date, you may use the EAD Automatic Extension Calculator on I-9 Central.
- Employees whose status does not expire, such as asylees, should enter N/A as the expiration date.
In Section 2, the employer must:
- Enter EAD in the Document Title field.
- Enter the receipt number from Form I-797C, Notice of Action, in the Document Number field.
- In the Expiration Date field, enter the date that is 540 days from the "Card Expires" date on the EAD.
- The employer should enter EAD EXT in the Additional Information field.
If a current employee presents a new or corrected Form I-797C, Notice of Action, that contains the 540-day extension as described above, they continue to be authorized to work. However, the employer should update the employee's original Form I-9 to enter the date that is 540 days from the Card Expires date on the EAD in the Section 2 Additional Information field.