By Jason Fry
Starting this month, U.S. Citizenship and Immigration Services (USCIS) will replace the currently issued sticker used to extend the validity of Permanent Resident Cards (PRCs or "Green Cards") with a revised Form I-797, Notice of Action. USCIS made this announcement on January 12, 2021.
USCIS uses various types of Form I-797 to communicate with applicants and petitioners. The I-797 Notice of Action is issued when it approves an application or petition regarding lawful permanent residents (LPRs), and is sometimes referred to as an “approval notice.” More information about the recent extension to certain Forms I-797 can be found in our previous blog article: Form I-9 Employment Authorization Document Reverification Extension.
USCIS states, LPRs file Form I-90, Application to replace their Permanent Resident Card, when their Green Card expires or is about to expire. The revised Form I-797 notice will serve as a receipt notice for the Form I-90.
When presented along with the Green Card, the revised Form I-797 notice will:
The extension helps ensure certain lawful permanent residents have acceptable identification and work authorization documentation to complete Form I-9.
When completing the Form I-9, employees may present their expired Green Card together with the Form I-797 notice. This will establish identity and employment authorization as an acceptable List A document.
To complete Section 2 of the Form I-9, employers should enter the information from this document combination, under List A:
According to USCIS, employers who retain copies of documents should retain copies of both the PRC and Form I-797 with the employee’s Form I-9. Employers may not reverify lawful permanent residents who present this document combination.
View our on-demand webinar for insight on some of the temporary Form I-9 guidance related to COVID-19. You'll also discover key considerations for management of Section 2, now and in the future.