What You Need to Know About USCIS’ 48-Month Extension for Form I-751 and Form I-829

USCIS is extending the validity of Permanent Resident Cards (PRC) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence (green card through marriage), or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status (EB-5) for 48 months beyond the card’s expiration date. The extension is indicated in a Form I-797 Notice of Action receipt notice.

Petitioners will receive a receipt notice with language

“We have extended the validity period on your Form I-551, Permanent Resident Card (also known as a Green Card) for 48 months from the date of expiration.”

USCIS issues guidance on Form I-9, Employment Eligibility Verification:

For Form I-9, an employee may present their expired PRC (green card) with a Form I-797 Notice of Action receipt notice indicating USCIS has extended the card’s validity as a List C #7 document. The I-797 Notice of Action may be related to either a Form I-751 or a Form I-829.

Employees who had previously provided their employer with a receipt notice for their Form I-751 or I-829 application and received a new Form I-797 Notice of Action receipt notice indicating a new extension date should present this document along with their expired PRC to their employer. Employers should update Form I-9 by drawing a line through the expiration date, entering the updated date and initialing and dating the update in Section 2.

Employers must reverify the employee’s employment authorization before their extension ends.

Original guidance from USCIS:

Form I-751 and I-829 48 Month Extension
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’.

Source: USCIS