USCIS I-90 Green Card Renewal: Three-Year Auto Renewal for Pending Applications

USCIS has updated the process for green card renewal applicants with a revised Form I-797, Notice of Action for Form I-90, Application to Replace Permanent Resident Card where applicants seek to renew an expiring green card.   Starting September 2024, USCIS has extended the period during which a receipt notice will be valid for proof of lawful permanent resident status to 36 months past the green card expiration date.   

I-90 Extension Sticker Replaced by I-797 Receipt Notice on Secure Paper

The revised I-797 receipt notice, together with an applicant’s green card, will serve as temporary evidence of lawful permanent resident status for 24 36 months from the expiration date of the green card.

This change ensures that certain LPRs with a pending Form I-90 to replace an expiring green card have documentation of identity, employment authorization and authorization to return to the United States following temporary foreign travel. Current applicants who have already been scheduled for a biometrics appointment will not receive a revised notice and will receive an extension sticker at their biometrics appointment.

Starting in January 2021, applicants who file Form I-90 to replace an expiring green card will receive the revised receipt notice in the mail approximately 7-10 days after USCIS accepts their application.

Applicants with expiring green cards will no longer receive a sticker from the Applicant Support Center (ASC) at their biometrics appointments to obtain temporary evidence of LPR status. Instead, USCIS will send applicants a revised Form I-797, Notice of Action, the receipt notice for Form I-90, printed on secure paper, as proof of the extension of their Green Card.

This notice will be printed on secure paper and will serve as evidence of identity, employment authorization and authorization to return to the United States following temporary foreign travel when presented with an expired green card.

I-90 Green Card Replacement Applications Still May Need to Obtain I-551 Stamp at USCIS Field Office as Proof of LPR Status

It should be noted that this change in process applies to I-90 applications seeking to extend an expiring green card. I-90 applicants who seek to replace a green card (for example, where it has been lost) may still need to contact USCIS in order to obtain a I-551 (ADIT) stamp in their passport as evidence of LPR status and for purposes of entering the US after international travel.

Obtaining such stamp requires an Infopass appointment to be scheduled with USCIS. While USCIS Contact Centers (1-800-375-5283) continue to schedule local office appointments for those seeking an ADIT stamp, they may only do so “where there is an emergent need.”

Examples of a situation where an appointment will likely be scheduled include a need to document continued status for employment-verification purposes or for necessary international travel. Expiration of a driving license may not be sufficient reason, based on our prior experiences. In any case, it is very important to be able to articulate (and be ready to document) the urgent need to obtain an extension stamp.

Form I-9 and E-Verify Compliance and Documentation

As a result of USCIS replacing the temporary I-551 extension sticker, it is likely that some employers may have questions on how to document employment authorization based on an expired green card and a pending I-90 application. According to USCIS/I-9, employees may present their expired green card together with their I-90 receipt notice (Form I-797) as acceptable List A document that establishes identity and employment authorization for Form I-9 purposes.

When completing Form I-9 employers should record an expiration date of 24 36 months past the “Card Expires” date and should indicate “PRC Ext” and the I-90 receipt number in the “Additional Information” box on Form I-9. Employers who retain copies of documents (depending on their I-9 pracitces) are also instructed to retain copies of both the green card and the I-90 receipt notice and employers may not reverify green card holders who present this combination of documents to demonstrate work authorization.

Employers can obtain additional information at I-9 Central or The Handbook for Employers, Guidance for Completing Form I-9.

Conclusion

Our office will continue monitoring related developments and provide updates.    Please do not hesitate to contact us if we can be of any help in preparing or otherwise assisting with this kind of applications.    Also, please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics