Reminder: Permanent Resident Presenting a Form I-797, Notice of Action with an expired PRC

We are sending this reminder based on inquiries from the public. An employee that is a Permanent Resident may provide a Form I-797, Notice of Action with their expired Permanent Resident Card (PRC) for Form I-9.

There are two different types of Form I-797, Notice of Action, that an employer may accept for Form I-9: 

• A Form I-797, Notice of Action, receipt notice of Form I-90, Application to Replace Permanent Resident Card, with an expired PRC. This notice extends the validity of the PRC for 12 months from the "Card Expires" date on the front of the PRC. This combination of documents is an acceptable List A document that establishes identity and employment authorization and does not require reverification.
• A Form I-797, Notice of Action, receipt notice for Form I-751 Petition, to Remove Conditions, with an expired PRC. This notice indicates that USCIS has extended the PRC validity.  This combination of documents is an acceptable List C document that establishes employment authorization and must be presented with a List B document that establishes identity for new hire. Employers must reverify the employee's employment authorization before the extension ends.

For more information about acceptable documents, please refer to the I-9 Central Acceptable Documents or the Handbook for Employers, Instructions for Completing the Form I-9 (M-274).