USCIS Revises EAD Card (Employment Authorization Document) – Effective June 4th

by Staff Writer June 1, 2010

What does this mean in the I-9 context? The EAD Card (or Form I-766) is an acceptable List A document, which establishes both identity and work authorization. It’s important to note, however, that the EAD is evidence of temporary work authorization which expires at some point in time. Before that expiration occurs, employers need to re-verify the employee’s continuing eligibility to the work in the US. (in Section 3 of the form) in order to avoid penalties and other issues. Most employers storing pen & paper I-9s utilize a ticker or calendar system for reminders, while those with electronic I-9 systems will receive automatic email reminders and prompts for re-verification.

The EAD is also noteworthy for employers participating in E-Verify, since it is one of two documents (the I-551 green card being the other) which must be photocopied and retained by the employer during the I-9 process. This photocopy requirement, outlined in the E-Verify Memorandum of Understanding, enables employers to use the E-Verify photo matching tool to compare the document against DHS records. For more information on the photo tool, please visit this brief outline here.

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