By: Dawn Lurie, Matthew Parker* and Amber Stokes*
As U.S. Citizenship and Immigration Services (“USCIS”) continues to deal with their backlogs, they have announced that, effective September 26, 2022, USCIS is automatically extending the validity of expired Forms I-551, Permanent Resident Card ( or “PRC”), commonly known as a Green Cards, for lawful permanent residents (or “LPRs”) who properly file a Form I-90, Application to Replace Permanent Resident Card.
This extension will now extend the validity of an expired green card for 24 months from the expiration date of the green card. In June of 2021 the USCIS first introduced the concept of extending an expired green card by using an I-797C, Notice of Action (“receipt notice”) for a Form I-90. These original extensions were granted for a 12-month extension to an expired I-551’s validity. This will assist green card holders facing long extension times who wish to present their green cards as proof of employment eligibly.
The I-797C, Notice of Action for anyone with a pending Form I-90 after September 26 will reflect the new 24-month extension. Additionally, USCIS has already begun issuing amended receipt notices for LPRs with an already pending Form I-90 application and a receipt notice dated before September 26.
How Do I Complete the Form I-9 using the Expired Green Card and Form I-90 Receipt Notice?
First thing to note is that a I-797C, Notice of Action for a Form I-90 presented with an expired green card combination is an acceptable List A document that establishes identity and employment authorization and does not require reverification.
Here are the steps for recording these documents for a new hire
- Record the document title and issuing authority in the appropriate List A fields of Section 2.
- Record the document number of the employee’s expired green card, located on the back of the card.
- Record the expiration date as the ”Card Expires” on the front of green card plus 24 months. In other words add two years onto the “Card Expires” date listed on the employee’s green card.
- Record “PRC EXT” and the I-797C receipt number in the Additional Information box.
Things to Remember
- Employees that present an expired green card and Form I-90 (I-797C receipt notice) should not be reverified.
- No action needs to be taken on existing employee’s I-9s where they have previously presented the I-797C granting a 12-month extension along with the expired green card.
For questions or assistance regarding Form I-9 compliance, please contact the Seyfarth Immigration Compliance and Enforcement group, or the author, Dawn Lurie, directly at firstname.lastname@example.org.
* Matthew Parker and Amber Stokes are part of Seyfarth’s Business Immigration team, however they are not practicing attorneys.