2021 continues to bring new changes. On January 12, the United States Citizenship and Immigration Services (USCIS) announced a revised form.
Issuance of the revised Form I-797 is used to communicate information related to receipt, rejection, transfer, re-open and appointment for the Notice of Action for all Form I-90 applications filed beginning in January 2021. The I-797 form replaces the previous process of the issuance of a I-551 sticker on the back of a Permanent Resident Card (PRC) as temporary evidence as status as a permanent resident for the interim between filing of Form I-90 and the issuance of a PRC.
The revised form serves as a receipt notice for the I-90 form to replace or renew a Green Card and to extend the validity of a Permanent Resident Card or Green Card for 12 months from the “Card Expires” date on the front of the card. The changes ensures that lawful permanent residents have documentation for completing Form I-90, Employment Eligibility Verification and for travel and identity purposes.
Potential Complications for Employers
Use of the revised form does not apply to Form I-90 applicants who have been scheduled for a biometrics appointment. These applicants will receive an extension sticker at their biometrics appointment in accordance with the prior procedure. The change makes the combination of an expired Green Card with the I-797 notice an acceptable List A document. Employers are cautioned to ensure the I-797 notices being recorded is in combination with an expired PRC.
“This notice provides evidence of your lawful permanent resident status for 12 months from the expiration date on your form I-551, Permanent Resident Card (also known as a Green Card.). You remain authorized to work and travel. This notice, presented with your expired Permanent Resident Care, is evidence of your status and work authorization.”
- In the Document Number field, enter the card number provided on the expired PRC.
- In the Expiration Date field, enter the date that is 12 months from the “Card Expires” date on the expired PRC.
- In the Additional Information box, write “PRC Ext” and the I-90 receipt number from Form I-797.
*Source = Lexology.com
USCIS stated employers may not reverify lawful permanent residents who show the new combination or the legacy sticker. This includes presenting a valid List A document, including a PRC extended by an I-797 notice or the employee presents valid List B and C documents.
Lexology.com recommends employers look closely at the nuances of the numbered list above. Employers must ensure they provide the necessary training to identify if the I-797 document combination should be categorized as List A or List C.
Although not always required, making copies of identity and employment verification documents is a good practice. Make sure Human Resource staff dealing with employment matters remain up to date on which documents and private/public contacts require document copies as well as adhering to state regulations.