Conditional Permanent Residents with Pending I-751 and I-829 Applications from 18 to 24 Months

USCIS Extends Status for Conditional Permanent Residents with Pending I-751 and I-829 applications from 18 to 24 Months

United States Citizenship and Immigration Services (USCIS) announced they are extending the time that receipt I-797 notices can be used to show evidence of status for conditional permanent residents with a pending I-751 or I-829 application. Under the new policy, USCIS will now issue I-797 receipt notices for twenty-four (24) months past the expiration date on the conditional permanent resident card (I-551).

USCIS is making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.

Form I-9 Completion / Section 2

  • Employee presents an (1) expired green card (I-551) along with an (2) I-797 receipt notice for a I-751 or I-829 application
    • I-751, CASE TYPE Petition to Remove Conditions on Residence
    • I-829, CASE TYPE Petition by Investor to Remove Conditions on Permanent Resident Status
  • Employer will record this combination under List C as follows
    • Document Title is Employment Authorization Document issued by DHS
    • Issuing Authority is USCIS
    • Document Number is the 13-digit Receipt Number (3 alpha / 10 numeric) from the I-797 (top left-hand corner)
    • Expiration Date is determined by adding the extension period (as identified on the I-797) to the expired (I-551) expiration date
      • Example, employee’s I-551 expired on August 9, 2021, and the I-797 indicates that the conditional resident status is extended for 24 months, the expiration date is August 9, 2023.
  • Employee will also need to provide an Identity Document from List B to properly complete Section 2 of the Form I-9.

NOTE: Employers accepting these documents must “reverify” the employee’s work authorization in Section 3 before the expiration date of the extension period.

IMPORTANT: Do not confuse an I-797 extension notice issued to lawful permanent residents who are just extending their I-551 through the I-90 renewal process. If an employee presents to you an I-797 extension notice related to a I-90 application, the notice and expired I-551 qualify under List A and NO Section 3 reverification is required.


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