Can You Work With an EAD Approval Notice or Must You Have the Card

The Employment Authorization Document (EAD) is a key document for many non-U.S. workers. When an EAD application is approved, the approval notice (often Form I-797) confirms eligibility to work in the United States. Employers and employees alike want to know whether the card itself is required to start or continue employment, or if the approval notice alone can suffice. This article explains how EADs work, what the approval notice means, and how to handle proof of employment authorization during the I-9 process.

What An EAD Is And What The Approval Notice Indicates

An EAD, officially Form I-766, is the official work authorization card issued by U.S. Citizenship and Immigration Services (USCIS) to eligible noncitizens. The card displays the holder’s name, photo, and an expiration date, providing proof of both identity and work authorization. When USCIS approves an EAD application, it issues an approval notice (I-797) confirming the grant of employment authorization and the associated validity period. The notice itself indicates approval, but it does not replace the physical EAD card as the primary proof of authorization.

Key point to remember: the EAD card is the standard, portable proof of employment authorization used in day-to-day work settings. The approval notice confirms eligibility, but its acceptability as proof depends on the employer, the specific I-9 documentation rules, and the employee’s current status.

Can You Work With The EAD Approval Notice Alone?

In most cases, the EAD approval notice by itself is not sufficient to start or continue employment. Under U.S. immigration and I-9 rules, employment eligibility is typically demonstrated by presenting one List A document, or a combination of List B (identity) and List C (work authorization) documents. The I-9 form recognizes the EAD card as a List A document. The I-797 approval notice is not listed as a stand-alone List A document for work authorization.

There are exceptions in some scenarios where a pending or recently approved status may be accompanied by other authorized evidence, but relying on the I-797 alone is generally not advisable. Employers who strictly follow I-9 requirements will expect an EAD card with a photo (List A) or another valid List A document. If an employee does not yet have the physical EAD card, many employers will not permit work until the card is produced, even if the I-797 notes approval.

How To Prove Employment Authorization During I-9

During I-9 verification, there are several compliant ways to establish work authorization. For most EAD recipients, the recommended approach is to present:

• Unexpired EAD card with a photo (List A document).
• If the employee does not yet have the card, a combination of documents may be used only if permitted by the specific immigration status and I-9 guidance, but this often remains risky for formal employment permission.
• In some cases, other List A documents may apply (e.g., a permanent resident card or a valid passport with a separate work permit stamp), depending on status.

For those awaiting a card, it may be possible in limited circumstances to continue employment if the employee has an EAD receipt notice from USCIS that indicates the case is pending and the applicant is allowed to work, but this is not a universal rule and relies on specific program rules (for example, certain categories within asylum or TPS). Employers should consult legal counsel and verify current USCIS guidance before allowing work based on a receipt notice alone.

Common Scenarios And How They Matter For Work Authorization

Several common pathways involve EADs. Understanding these helps clarify when the card or the notice matters most:

• DACA (Deferred Action for Childhood Arrivals): DACA recipients often have an EAD card. The card is typically required to prove work eligibility; an I-797 alone is not generally sufficient.
• TPS (Temporary Protected Status): TPS holders receive an EAD card. As with DACA, the card is the standard proof of work authorization.
• Adjustment of Status (Green Card processes): Applicants who adjust status may have an EAD card while asylum or other processes proceed. The I-797 approval notice supports status updates, but the card is the primary proof for employment.
• OPT/C-OPT for F-1 students: Employment authorization is evidenced by the EAD card. Without the card, verification is typically not possible through the I-797 alone.

In all cases, employers should verify work eligibility in line with I-9 requirements and not rely solely on an approval notice. If there is any ambiguity, both parties should seek guidance from immigration counsel or the appropriate government agency.

Practical Steps For Employees And Employers

To minimize risk and ensure smooth hiring or continued employment, consider these practical steps:

• Before hiring: Verify the employee has a valid EAD card with an expiration date that covers the intended employment period. Confirm identity and work authorization via List A documentation.
• If the card is not yet available: Do not assume eligibility based solely on an I-797. Check current I-9 guidance and consult legal counsel. Consider postponing employment until the card is produced, if possible.
• During I-9 completion: Use the EAD card (List A) when available. If the card is temporarily unavailable, consult official guidance for any permissible alternatives and document the decision carefully.
• Recordkeeping: Keep copies of the EAD card and any related I-797 notices in accordance with employer policies and privacy regulations. Ensure compliance with retention requirements.
• Expiration and renewals: Track EAD expiration dates and begin renewal processes in advance to avoid work authorization gaps. A renewed EAD typically comes with a new card and updated dates.

Employer Considerations And Legal Compliance

Employers should stay current with USCIS policies and I-9 rules. Relying on an approval notice alone can expose a business to compliance risk if it conflicts with current guidance. Training HR staff and establishing a clear policy on acceptable forms of evidence helps prevent inadvertent mistakes during hiring, re-verification, or re-employment after time off work.

In any scenario involving EADs, it is prudent to consult with an immigration attorney for guidance tailored to the individual’s status and jurisdiction. Policies may evolve, and accurate interpretation of USCIS instructions is essential.

Ultimately, the EAD card remains the standard, reliable proof of work authorization for most employees. The approval notice confirms eligibility but does not replace the practical need for a valid, unexpired EAD card in most work settings. Understanding the distinction helps both workers and employers navigate compliance smoothly and avoid potential legal pitfalls.