Issuance Number: 2020-02

Date: September 15, 2020

To: Workforce Partnership WIOA Subrecipients

From: Shaina Gross, Director of Programs

Subject: TEMPORARY I-9 VERIFICATION PROCESS CHANGES – FORM I-766

Purpose:

This informational issuance is to notify SDWP Subrecipients that The Department of Homeland Security announced delays in the production and issuance of Employment Authorization Document (EAD) Form I-766 and is allowing individuals to temporarily use Approval Notices Form I-797 as an EAD when completing Employment Eligibility Verification Form I-9. Subrecipient staff should be aware of these temporary changes when verifying authorization to work documentation for Workforce Innovation and Opportunity Act (WIOA) Title I. 
 
When verifying authorization to work, staff must use US Citizenship and Immigration Services (USCIS) Form I-9. Staff should note that if an individual presents a Form I-797, it must have been issued from December 1, 2019 through August 20, 2020. Individuals may present their Form I-797 until December 1, 2020, and must also present staff with an acceptable Form I-9 List B document that establishes identity.
 
By December 1, 2020, staff must re-verify individuals who presented a Form I-797 as a List C document. These individuals will need to present staff with new evidence of employment authorization from either List A or List C on the Form I-9.
 
WIOA Adult and Youth providers should refer to Chapter 4. Part 1 and 2, Verification of Right to Work policy to determine when staff should verify an individual’s authorization to work documentation.

Action:

This new guidance is in effect as of the above issuance date. If you have any questions regarding this issuance contact your Contract Administrator at (619) 228-2900.

References: 

  1. To access this information, reference the “Operations Resources” section on workforce.org, then select “Operations Manual”.
  2. Operations & Information Issuances
    1. Click on “Information Issuances” to see the list of Information Issuances
    2. Scroll down to “Issuance Number: 2020-02”
    3. Click on “View Issuance”
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