USCIS, in yet another legal loss for its unconscionable conduct during the Trump Administration and during the pandemic, was forced by the courts to agree to expand the evidence for proof or employment eligibility based on USCIS's failure to timely print and mail out EAD cards after their approval.

As a result, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 just as they would an EAD card. 

Employees may present their Form I-797 Notice of Action showing approval of their I-765 application as a list C document for Form I-9 compliance until at least December 1, 2020.

See this update on I-9 Central https://www.uscis.gov/i-9-central/form-i-9-verification-during-ead-production-delays-due-to-covid-19: