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As an I-9 Administrator or as an Authorized Representative, when you are completing Section 2 for employees with "Alien" status, you will notice a new document title "I-797, Notice of Action" added in List C. This document is treated the same as if the employee presented a valid receipt for an acceptable document. After normal operations are resumed, when the employee presents new evidence of employment authorization, then initiate receipt update process and update "I-797, Notice of Action" with the actual document. The employees may present their new EAD or any other acceptable document from either List A or List C as new evidence of employment authorization.
The following example shows the details of completing Section 2 using "I-797, Notice of Action". Click on List C drop down and select "I-797- Notice of Action" from the list.
This document will not be available in List C once the COVID-19 event is deactivatedcomes to an end.
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The following message displays as soon as you select "I-797 - Notice of Action".
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The Section 2 page displays as below. Replace The "I-797-Notice of Action with the actual documents." shows in the Document Title in List C. Replace "I-797- Notice of Action" with the actual documents.
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If you save the activity without providing valid Employment Authorization document, then the system displays the following error message.
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According to the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), Form I-797 - Notice of Action showing approval of the EAD application is acceptable for completing Form I-9 when reverifying the current employees. Employees who require Reverification may present this document for completing Form I-9 until the COVID event is disabled-19 national emergency is passed.
The following example shows the details of completing Section 3 using "I-797, Notice of Action" when the event is activeduring COVID-19. Click on the Document Title and select "I-797- Notice of Action" from the drop down.
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The following message displays as soon as you select "I-797 - Notice of Action".
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The Form I-9 requirement flexibility which was granted earlier this in the year 2020 in the event of COVID-19, will be ending by the end of this yearhas been extended to 2021. The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) has announced Dec May 31, 2020 2021 as the end date for the flexibility in Form I-9 physical document review and the temporary policy on List B documents.
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These transactions will be captured when the first AE runs for Physical Inspection Delay. The transactions that have been completed with "COVID-19: Physical Inspection Delay" during COVID-19 period will be identified by this AE and I-9 Section2 correction process is initiated for such transactions. The I-9 Specialist must complete the physical verification of employee's employment eligibility documents and record the details in Section 2. This process must be completed within three days after COVID-19 event expiry to keep up with the Form I-9 compliance.
The I-9 Specialist will receive an email notification with the total number of Form I-9s that are affected by the first AE. A sample email notification is given below:
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For all the affected transactions, the I-9 Section 2 correction page will be auto completed with Reason "Add/Update Notes in Addl Info” and E-Verify "No" by default. When I-9 Section2 correction process is initiated, the process routes to Section 2 activity bypassing the I-9 Section 2 Correction Reason page. After Section 2, there will be no E-Verify for these transactions. In case, if E-Verify is pending such as in Receipt Update Required transactions, then they will have E-Verify activity routed when picked up by the second AE.
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The transactions that have been completed with "COVID-19 RUP: Receipt Update Required" during COVID-19 period will be identified by the second AE and I-9 Section2 correction process is initiated for such transactions.
The I-9 Specialist will receive an email notification with the total number of Form I-9s that are affected by the second AE. A sample email notification is given below:
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When I-9 Section2 correction process is initiated, the process routes to Section 2 activity bypassing the I-9 Section 2 Correction Reason page. The I-9 Section 2 correction page will be auto completed with Reason "COVID-19 Receipt Update Complete” and E-Verify "Yes" by default. Since the receipt transactions do not go through E-Verify in their primary flow, the correction process routes to E-Verify activity after completing Section 2.
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