Permanent Resident allowed to work 48 months beyond the card’s expiration.
Marks Gray P.A. Jan 26, 2023 in I-9 and E-Verify
Our client wrote:
I’m writing for a consultation about an expiring green card. For his Form I-9, he provided an I-797 form (attached) which states that his conditional permanent resident status was extended for 24 months from the expiration date on his Permanent Resident Card, and it currently expires 2/8/2023.
My question is: Is he able to work past 2/8/2023?
We understand that he has work eligibility until 2/08/23 and that if he doesn’t provide any updated documents, we’ll have to terminate employment. Please let me know if this is your assessment or if there are other considerations that we need to review.
We had the best news for this client because….
U.S. Citizenship and Immigration Services (USCIS) had just announced that is extending the validity of Permanent Resident Cards (green cards) for petitioners who properly file Form I-751, Petition to Remove Conditions of Residence for 48 months beyond the card’s expiration date.
The change is effective as of January 25 for Form I-751.
USCIS announced that “we are making this change to accommodate current processing times for Form I-751, which have increased over the past year. We will issue new receipt notices to eligible conditional residents who previously received notices with an extension.”
How to update your Form I-9 and E-Verify?
Employees can present:
- the receipt notice with the 48-month extension and
- the expired green card as evidence of continued status.
This combination of documents is acceptable List A documents that help establish identity and employment authorization, while the case remains pending with USCIS.
Employers should keep copies of the Green Card and receipt notice.
By presenting the updated receipt notice with the expired Green Card, the noncitizen remains authorized to work and travel for 48 months from the expiration date on the front of your expired Green Card.Share