As a brief primer, the Permanent Resident Card (PRC) serves as proof of a foreign national’s status in the U.S. There are scenarios where this card might be expired, and the holder is awaiting its renewal. In these cases, Form I-797, Notice of Action, becomes particularly relevant.
There are two different types of Form I-797, Notice of Action, that employers should be familiar with:
- Form I-797, Notice of Action – Receipt Notice of Form I-90: For those applying to replace their Permanent Resident Card, presenting this Notice of Action with an expired PRC extends its validity by 12 months from the “Card Expires” date. Together, these serve as an acceptable List A document that verifies both identity and employment authorization. The key takeaway? No need for verification once this combination is accepted.
- Form I-797, Notice of Action – Receipt Notice for Form I-751 Petition: For those seeking to remove conditions on their residency, this Notice of Action indicates a USCIS-approved PRC validity extension. However, this falls under the List C documents category, only verifying employment authorization. It must be paired with a List B document for identity validation during the hiring process. Crucially, employers must revisit and reverify employment authorization before this extension concludes.
For employers, understanding these distinctions is crucial to ensure compliance during the Form I-9 verification process. Navigating the intricacies of documentation and verification can be challenging. Staying informed and updated not only ensures compliance but also supports employees in their professional journey.
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Additional Outside Information
- 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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You may have questions regarding employing a foreign national. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.
