USCIS is extending the validity of Permanent Resident Cards (PRC) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card's expiration date.
Please refer to USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829 for more information.
For Form I-9, an employee may present their expired PRC with a Form I-797, Notice of Action, that indicates USCIS has extended the card's validity, as a List C #7 document, which must be in combination with acceptable List B document. The I-797, Notice of Action, may be related to either a Form I-751, Petition to Remove Conditions, or a Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.
Employees: If you had previously provided your employer a receipt notice for your Form I-751 or I-829 application, for Form I-9 and you received a new Form I-797 Notice of Action receipt notice indicating a new extension date, present this document along with your expired PRC to your employer. Your employer will use both of these documents to update your Form I-9.
Employers: If your employee previously provided this documentation for Form I-9, they may provide an updated Form I-797 Notice of Action receipt notice indicating a new extension date. If your employee provides this updated documentation, you must update Form I-9.
In Section 2, update the 'List C, Expiration Date'. You should:
- Draw a line through the expiration date;
- Enter the updated date; and
- Initial and date the update.
You must reverify the employee's employment authorization before their extension ends. For more information about reverification please see 'Reverifying Employment Authorization for Current Employees'.