An ordinary I-797 notice approving Form I-765 generally does not replace the Employment Authorization Document for Form I-9. Read the notice itself and the acceptable-document rules before starting work. A receipt showing an application was filed is also different from evidence that employment is authorized. [1]
Authorization and documentation are separate questions
Some immigration categories authorize work incident to status; others require an approved EAD. The documents acceptable to establish identity and employment authorization depend on the category. An employee may present any qualifying document combination allowed by the I-9 rules; an employer should not insist on an EAD when another acceptable combination is available. [1]
Why the receipt exception is narrow
The regulations permit certain receipts, including a receipt for replacing a lost, stolen, or damaged qualifying document, subject to the applicable time limit and follow-up requirements. An initial application or an ordinary renewal application is not automatically such a replacement receipt. [1]
Document-extension rules also need their own analysis. An expired card plus a notice is acceptable only when a governing extension actually applies. Eligibility category, filing date, card dates, and the current rule matter; an approval notice alone does not prove that an extension exists.
What to do while the card is delayed
- Review the approval notice and track card production and mailing.
- Check whether another acceptable I-9 document combination is available.
- If the card was lost or not delivered, follow USCIS’s appropriate inquiry or replacement process.
- Ask the employer to apply the actual receipt or extension rule rather than an informal assumption.
USCIS previously used a temporary pandemic-era approval-notice policy. Its historical existence does not establish a current general exception. [2]
Apply the document-choice rules correctly
An employer should evaluate the documents actually offered under the authorized lists rather than create an informal rule that every noncitizen must show an EAD. At the same time, an employee whose category requires an EAD cannot assume a pending or approved application supplies an acceptable substitute. The I-9 rules specify when documents must be examined and when reverification applies. A promise that a card will arrive soon is not itself a listed document. If a valid receipt exception is used, record the applicable expiration and replacement-document requirement so a temporary documentary solution does not become an unresolved compliance gap. [1]
Compare the different functions of Form I-797 and working with an incorrect EAD before relying on a document that does not match the employment situation.
Primary sources
- 8 C.F.R. 274a.2: Employment verification
- USCIS response describing temporary EAD approval-notice policy
Sources checked: October 31, 2026.