What Is Form I-797?
In general, Form I-797, Notice of Action, from the U.S. Citizenship and Immigration Service (USCIS) serves as official notification of the status of your petition or application. It informs you, the petitioner, whether your submission has been received, denied, or approved, or whether further action is required.
An abundance of information about this complex family of Notices of Action is available on the USCIS website. However, should you receive an I-797, you should consult with a knowledgeable citizenship attorney to make sure you take any appropriate action promptly.
I-797 Variants and What They Mean
- Form I-797, Notice of Action – Notifies you that USCIS has received or approved your submission.
- Form I-797A, Notice of Action – Typically notifies you about approval of a change of status or extension of stay in the U.S. If you are a non-citizen or permanent resident, you likely received a Form I-94 upon your entry into the U.S. Form I-797A serves as a replacement for the Form I-94 when that’s not available.
- Form I-797B, Notice of Action – If you wanted an employment-based immigration visa, you would have filed a Form I-140. Form I-797B notifies you that your I-140 has been approved.
- Form I-797C, Notice of Action – This general communication notice informs you that your submission has been accepted, transferred, rejected, or reopened. It may also contain information about an appointment you must attend.
- Form I-797D – This form serves as a cover letter for a benefit card, such as an employment authorization document (EAD) or I-551 (green card). Keep this form for your records.
- Form I-797E, Notice of Action – This Request for Evidence (RFE) specifies documents or other evidence you must provide to have your submission approved. You must respond appropriately and thoroughly before the deadline on the form to avoid unnecessary delays or rejection of your application.
- Form I-797F, Transportation Letter – If your green card has been lost, stolen, or destroyed while you have been traveling abroad, you will need to file a Form I-131A, Application for Travel Document. Form I-797F allows you to board a plane to return to the U.S. (although it does not guarantee re-entry to the U.S.; U.S Customs and Border Protection makes that decision). You will also have to apply for a replacement green card.
How to Read Form I-797
When you receive a Form I-797, you should read the entire document. Several parts of it deserve particular mention.
- On the top left of Form I-797, you will find the 10-digit receipt number. You will need this number whenever you are tracking your petition or communicating about it. Under the receipt number, you will find the dates the USCIS acknowledges receiving the petition and sends the notice to you. These dates can also be important. Below those dates are the name and contact information for the petitioner.
- On the top right, you will see:
- The kind of application, exactly what the petition is for
- The petitioner’s name
- The beneficiary’s name
- The type of notice
- The visa classification
- Important dates, for example, the period for which an approval notice is valid
- If you have filed at a consulate abroad, the name of that consulate
- The text in the middle of the document describes generally how your application will be processed or the purpose of the notice.
- Below the text, you will see the location of the USCIS service center that processed your application. Any inquiries you make should start at that center.
- The bottom left contains critical information:
- Your 10-digit receipt number
- The beneficiary’s I-94 number
- The beneficiary’s name
- The visa classification
- The validity dates (make note of the expiration date)
- The petitioner’s name and address
- On the bottom right is the actual I-94 record.
Recent Updates You Should Know in 2024-25
To improve its service, USCIS has introduced some updates for 2024-25.
- Specific classification codes on Form I-797C, Notice of Action, may indicate that the employment authorization, the Employment Authorization Document (EAD), or both are eligible for an automatic 540-day extension if certain conditions are met. You can check the USCIS website for eligibility. You may also want to consult an experienced immigration attorney to help you understand those conditions and take appropriate and timely action.
- USCIS is now using QR codes to help improve access for people with limited English proficiency.
- The USCIS site is now available in Spanish.
- You can now create and use an online account by going to https://myaccount.uscis.gov/sign-in. Your account will allow you to interact with USCIS for nearly everything, including e-filing of petitions and other submissions (also a new feature).
What to Do After Receiving an I-797, Notice of Action
Regardless of the type of Form I-797 you receive, you should:
- Verify that all the information about the petitioner and the beneficiary is correct. If any information is not correct, you should immediately submit a correction request to USCIS.
- Make a copy and keep the original in a safe and secure place.
- Read the document carefully to see if you are required to take any action, particularly if there are time constraints on your action.
If you receive approval on Form I-797, Form I-797A, Form I-797D, or Form I-797F, no further action is required of you.
If you receive approval on Form I-797B and you are outside the U.S., you must return to your home country for visa stamping before you re-enter the U.S.
If you receive a Form I-797C, you may be required to take specific action, for example, attending a biometric appointment or interview at a USCIS Application Support Center (ASC). You will be asked to provide your fingerprints, signature, and/or photograph so that USCIS can confirm your identity and run required security and background checks. You can also check your FBI file before your appointment. Instructions can be found at https://www.ecfr.gov/current/title-28/chapter-I/part-16/subpart-C/section-16.32.
If you receive a Form I-797E, Request for Evidence (RFE), the document will detail the specific information and/or documentation for you to provide. You should respond fully within the specified period to make sure your application is not delayed or rejected.
How to Replace or Correct Form I-797
If you want to replace or correct a Form I-797, you must file a Form I-824 with USCIS. If you have an online account with USCIS, you can electronically file (e-file) the Form I-824. If you do not have an online account, you can create one at https://myaccount.uscis.gov/sign-in. If you do not have an online account and do not wish to create one, you can file a paper copy at the ASC handling your petition.
If you need to replace or correct a Form I-797 but do not have the necessary supporting documentation or information, or if you have filed a Form I-824 and been denied, you still have options.
- Contact one of your representatives in Congress and ask for help.
- Contact the Office of the Citizenship and Immigration Services Ombudsman, which works independently from USCIS, at https://www.dhs.gov/cis-ombudsman.
Form I-797 Notices and Employment Eligibility (Form I-9)
All U.S. employers must complete a Form I-9, Employment Eligibility Verification, for every employee they hire. Each employee must present the employer with acceptable documents proving their employment eligibility. Non-citizen immigrants can present a valid Employment Authorization Document (EAD).
In most cases, a valid Form I-797 cannot be used in place of a valid EAD. However, due to unusual delays at USCIS caused by COVID, Form I-797 with an approval date from December 1, 2019, through August 20, 2020, can be accepted if the prospective employee’s EAD has expired.
Employees may also be eligible for a temporary Increase of the automatic extension of their EADs from 180 Days to 540 Days. According to the USCIS M-274 Handbook for Employers, “You must reverify employees’ employment authorization when the automatic extension of their employment authorization and/or EAD ends (whichever is earlier). You can reverify temporary employment authorization before the automatic extension ends if an employee presents any acceptable, unexpired document that shows employment authorization, such as any acceptable document from List A or C.” A valid I-797 qualifies as an acceptable document.
Protect Your Form I-797
Your Form I-797 is critical to the ability to live and work in the U.S. Protect this vital document by storing it safely and securely. Make copies you can keep for everyday use.
Contact us for skilled legal guidance.
At Urena & Associates, we understand the complexities of immigration law and know how to help. If you have any questions about Form I-797, reach out to us online or call us at 1 (888) 817-8599.