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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
- 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.
* Matthew Parker and Amber Stokes are part of Seyfarth’s
Business Immigration team, however they are not practicing
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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