The Permanent Resident Card (PRC or Green Card) is an essential proof of a foreign national’s residency status in the U.S. However, there are times when this card might expire while the holder waits for renewal. Form I-797, Notice of Action plays a crucial role in these instances.
Employers should be aware of two main types of Form I-797, Notice of Action:
- Form I-797, Notice of Action for Form I-90: This is issued to applicants replacing their Permanent Resident Card. By presenting this notice alongside an expired PRC, its validity extends 12 months from the expiration date on the card. This combination is recognized as a List A document verifying identity and employment authorization. Once accepted, no further verification is needed.
- Form I-797, Notice of Action for Form I-751 Petition: This notice is for individuals seeking to remove conditions on their residency. It signifies that the USCIS has approved an extension of the PRC’s validity. This document is categorized as a List C document, which verifies employment authorization but not identity. Therefore, it must be paired with a List B document to confirm identity during the hiring process. Importantly, employers are required to reverify employment authorization before the extension period ends.
Employers must understand these differences to comply with the Form I-9 verification process. Keeping up with the documentation and verification requirements can be complex, but staying informed helps ensure compliance and supports employees through their professional journey.
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Citations
- Form I-9 Acceptable Documents
- Handbook for Employers M-274
- Notice to Replace Sticker That Extends Validity of Permanent Resident Cards
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