Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Jan 21, 2021

New form may be presented as part of an I-9 List A document

COVID-19Hiring 

On January 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it’s replacing the sticker that it currently issues to extend the validity of Form I-551 (Permanent Resident Card, also called a “Green Card”). The sticker is being replaced with a revised Form I-797 (Notice of Action). Generally speaking, when a Green Card is due to expire, the card holder files Form I-90 (Application to Replace Permanent Resident Card). Presumably due to COVID-19 (coronavirus) delays in issuing replacement cards, USCIS began issuing a sticker for the back of the Green Card that extended the card for 12 months when the individual files Form I-90. Instead of the sticker, USCIS is now sending applicants Form 1-797 as a receipt for the Form I-90. When presented together with the Green Card, the revised Form I-797 notice extends the Green Card’s validity for 12 months from the date on the front of the Green Card and will serve as temporary proof of identity and work authorization.

Tips: If an employee presents an expired Permanent Resident Card (Green Card), you may accept it as a List A document if it also has the USCIS sticker on the back or if it comes with the revised Form I-797. Use the “Additional Information” box in Section 2 of the Form I-9 to record the sticker or Form I-797 information. USCIS describes how to do that here. If offered as a List A document (verifying both identity and employment eligibility), you don’t need to reverify the card at a later date. USCIS’s reverification rules, along with complete details on the entire I-9 process, are contained in the M-274 Handbook for Employers. You can also call your Vigilant Law Group employment attorney with questions.

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.

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