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Home » Blog » What is Form I-797 Notice of Action?

What is Form I-797 Notice of Action?

November 8, 2022 Immigration News

If you recently received a Form I-797 Notice of Action from U.S. Citizenship and Immigration Services (USCIS), it’s simply a “form” of communication. USCIS, like many government organizations, uses form numbers to identify various documents.

You may be familiar with applications from USCIS that have a form number. But even documents such as a green card have an official form number ( Form I-551 ). Virtually every document they send you has a form number. This includes letters, notices, approvals and other types of communication.

USCIS uses several different types of Form I-797 to communicate with customers or convey an immigration benefit. It has many different purposes. Form I-797 is not a form you can fill out. Nonetheless, Form I-797, Notice of Action, may communicate very important information about your case.

Form I-797, Notice of Action Explained

USCIS issues this base I-797 Notice of Action when it approves an application or petition. You may also hear people refer to it as an “approval notice.” The Form I-797 Notice of Action is an official letter of approval that can serve as proof of certain immigration benefits and may be used as evidence in some cases. It’s an important document that you should save in a safe place.

For example, the Form I-797 Notice of Action pictured above is an approval notice for an I-130 petition.

Form I-797 A , Notice of Action

USCIS issues Form I-797A to applicants as a replacement Form I-94 arrival/departure record . The most common reason for issuing Form I-797A is an address change. The I-797A is an approval for the address change and is evidence of the applicant’s lawful presence in the United States. An applicant can continue their stay in the U.S. through the specified date listed on the I-94 that is located at the bottom portion of Form I-797A.

Form I-797 B , Notice of Action

Form I-797B is issued for the approval of an alien worker petition but does not include an I-94 arrival/departure record. USCIS issues I-797B to applicants who are currently residing in the United States and also to applicants applying from their home country. Applicants who receive Form I-797B and do not currently reside in the U.S. must go for visa stamping in their home country in order to enter the U.S.

Form I-797 C , Notice of Action

USCIS will send Form I-797C, Notice of Action, to a customer in order to communicate information related to notices of:

• Receipt Notice : USCIS issues a receipt notice following the filing of a petition or application. The letter confirms receipt of the case by USCIS as well as payment of filing fees. It also contains a receipt number to track the case online.
• Rejection Notice : A rejection notice is issued when a filing is not accepted for filing due to incomplete information for acceptance for processing, incorrect information, or incorrect payment.
• Transfer Notice : USCIS occasionally transfers cases to other offices to improve processing times. A transfer notice informs petitioners and applicants when files are relocated to another USCIS office.
• Re-open Cases : A notice of reopening advises that a previously-denied case has been reopened and is being processed.
• Appointment Notice : Appointment notices may be for biometric, interview or other types of USCIS appointments. The letter communicates the appointment date and time for the applicant.

If you receive an I-797C receipt letter, it will contain a receipt number. Use the receipt number to check the status of your case. The receipt letter is a letter that proves an applicant has submitted a benefit request; USCIS has not determined whether that applicant is eligible for an immigration benefit. For example, after successfully filing Form N-400 to become a naturalized U.S. citizen, USCIS will mail you Form I-797C as confirmation that they have received and accepted your application. It does not mean that USCIS has approved your application for naturalization.

When you receive Form I-797C in the mail, read it carefully. Failure to act on a required action can lead to a delay in your case.

RECOMMENDED: USCIS Receipt Number Explained

Form I-797 D

Form I-797D is the letter that comes with certain benefit cards. If USCIS mails a permanent resident card (green card) or employment authorization card (work permit), it will be accompanied by Form I-797D.

Form I-797 E , Notice of Action

Form I-797E, Notice of Action, is more commonly known as a Request for Evidence (RFE). The letter is a request for additional documentation to support an application or petition that you’ve filed with USCIS. If you receive this letter, it’s your responsibility to submit the evidence requested in Form I-797E.

Read the notice carefully and submit the evidence within the time frame stated on the Form I-797E. Failure to respond or submit the evidence as requested will delay your case and may result in a denial.

RECOMMENDED: How to Respond to a USCIS Request for Evidence (RFE) Correctly

Form I-797 F , Transportation Letter

Form I-797F is a transportation letter that’s issued overseas to allow applicants to travel to the United States. It’s typically issued to lawful permanent residents (green card holders) who are outside the U.S. and whose green card is lost, stolen or mutilated. Permanent residents who have been outside the United States for less than one year, may obtain a transportation letter by filing Form I-131A, Application for Travel Document (Carrier Documentation) .

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Note to Reader: This post was originally published on October 10, 2017, and has been modified with improvements.

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I-797, Notice Of Action – Explained

• By Immigration Direct
• December 16, 2022
• Immigration Articles

Table of Contents

Have you recently submitted an application for a U.S. visa and are wondering what your status is? Or, have you received a notice of action form and are nervous about what it entails? No matter what previous knowledge you have when it comes to Form I-797, you’re not alone.

But, it’s important to state that relieving a notice of action is not bad, in theory. Mostly, these notices are ways for USCIS to be transparent about where they are at in your visa application. Some types of I-797 forms can include letters, notices, approvals, or other types of communication.

All in all, we will use the following article to inform you about how the notice action works. And, because we understand how time-consuming and money-consuming the U.S. visa process can be, the support you can find from ImmigrationDirect will be ideal. So, before you stress, read on about what this form will mean for you and your case.

Form I-797 Notice of Action & Its Purpose

This form is simply a form of “communication.” This means that if you receive this form, you are ultimately getting an approval notice from USCIS for the application or petition you have submitted. This form isn’t one you fill out, but to simply keep safe if needed for evidence in your case.

Because form I-797 plays so many roles, there are different categories that you can receive. When USCIS attempts to communicate with you regarding the documents that were sent to them, Form I-797 is delivered for various reasons. No action is needed upon receiving this form unless stated otherwise.

Different Types of I-797 Forms

It’s important to bring to light the various I-797 types that can be delivered throughout any of the visas offered. Because this form is so imperative in the communication between the USCIS and visa applicants, there are multiple forms and actions of notice that can be sent.

Below, we will explain more about the various categories receipt notices.

I-797, Notice of Action

If your Form I-797 is a notice of action, then you will know that USCIS has been approved. This form will act as an approval notice for the applications you have submitted or the petition you have sent in. On the sheet, you can look in the “notice type” section of the form, and you will see an approval notice.

Remember, keep this notice of action safe because it can be used for future proof or evidence.

I-797A, Notice of Action for Replacement of I-94

This category of I-797 notices has to deal with Form I-94. This form is the only legal proof you have for living in the United States. And, this form will be filed when you have an established address in the country. The address you have will be found at the bottom of Form I-94.

So, let’s say you misplace Form I-94 which has your permanent address listed on it. You can receive the I-797 notice of action in place of your misplaced I-94 form. This notice is generally sent as a replacement for Form I-94.

I-797B, Approval of the Alien Worker Petition

If you are seeking a work-based U.S. visa, you will originally need to file Form I-140. Form I-140 is known as the immigrant petition for alien workers. Once you have submitted this form and it’s been approved, the notice I-797 will be an approval letter for what was submitted.

I-797C, Important Follow-Up Information

Form I-797C will be sent to you if your application or petition was received, transferred, re-opened, or rejected. These mean the following:

• Receipt notice: When USCIS receives your application or petition, they will notify you of this. They will send you this notice to communicate with you, and it’s up to you to keep it for future use.
• Rejection Notice: If you receive this, it means that your application or petition wasn’t filled out properly. Generally, you will need to go back to the application and fill it out again, or re-try a payment if it wasn’t done correctly.
• Transfer notice: Sometimes USCIS will transfer applications to different departments for any reason. Sometimes there are backups in offices and by transferring your application, it may be completed more quickly. However, no matter what happens with your application in terms of transfers, communication will be known.
• Re-opened: If your case was previously denied, and it is being reopened due to any reason, you will receive a notice. Or, if your reopened case is being processed again.

On the other hand, this notice can make you aware of upcoming appointments. Some appointments include visa interviews, fingerprinting, or medical exams. When you receive this form, you must read it fully, and find out if there are any instructions you need to follow. If you don’t read this letter fully and don’t follow the instructions, you can face a delayed visa process.

Additionally, as of last year, the United States will now allow immigrants to use this notice along with their expired permanent residence card to give to employers. This way, confirming legal residence can be easy if your card has expired and you are in the process of getting a new one. For cases like this, your I-797C can be accepted instead of needing to present an I-9 form.

Below are the two designs of Form I-797C, one is before 4/2/2012 and another is after 4/2/2012. For the purpose of cost savings to the government it is printed on plain paper instead of bond paper with DHS seal as shown in the image. Previous version of the form is still valid if you filed before April 2012.

I-797D, Benefits Card

When you are sending important cards, such as work permits or green cards , you will get a letter from USCIS sent back to you regarding them. This notice simply states that you have in fact sent a benefits card, and there is a receipt from doing so.

I-797E, Request for Evidence

This subcategory of the form is known as a Request for Evidence . This means that your I-797 notice will ask for more evidence of the type of visa that is applied for. If you receive this letter, you will need to thoroughly read the letter, look at the visa document requirements, and submit what is needed.

If you fail to respond to this letter in the time frame that is stated, you will run into further issues. For starters, your case may be denied, due to the lack of responsibility on your part. However, if you follow the instructions on the I-797E notice of action and submit the needed documents, your application will continue as usual.

I-797F, Transportation Letter

In this subcategory of Form I-797, F is a transportation letter, which allows applicants outside of the United States, to travel. Generally, this type of notice is used to issue lawful permanent residents, or green card holders, who are outside of the U.S. to travel back to the country.

If you are a green card holder traveling abroad and have lost or had your green card stolen, you can receive the I-797f transportation letter. This letter will simply make it easier for you to travel back into the country and file the paperwork needed to replace your green card.

I-797 Notice of Action Address Changes

As if you haven’t already realized that the I-797 notice of action can be a communication for anything revolving around visa applications, we can now tell you that it can also work in an address change on official applications! This form will only be sent out to you if you request to change your address.

Online, you are able to request address changes, and if you do so, you will either receive approval or denial. In most cases, you will be able to change your address on applications. Because your address is imperative to show that you are lawfully residing in the United States, this form is important to keep track of.

Form I-797 Notice of Action Priority Date

If you are wondering what the I-797 notice of action priority date means, the answer is simple. The priority date is the date on which USCIS received your application. This date is vital to remember because this date will come up in future cases. Your priority date will be used to see where you are landed on the U.S. Department of States visa bulletin.

This date must be checked on regularly because when it’s finally your time, you can follow the next steps for consular processing or adjusting your status if you are in the process of getting a green card.

When Do I Get My I-797 Notice of Action?

Your notice of action’s timeline will vary based on the type of visa you applied for and the type of I-797 notice you receive. Because there are various categories you can receive, this will also affect the time in which you will receive your action.

Generally, throughout all cases, your notice will arrive in the mail anywhere from two to three weeks after your application and documents have been submitted.

Can I Travel With an I-797 Notice of Action?

Yes, if you receive an I-797F notice, you will be allowed to travel to the U.S. if you are overseas. Or, if you have another type of I-797 notice, you will be able to travel freely. However, it’s important to know that this isn’t a travel document; it simply states that you are allowed to travel while waiting for other legal documents to do so.

I-797 Processing Time

As stated in the previous sections above, the processing times for any type of I-797 notice will vary. Generally, the processing time will vary based on your case and the USCIS department that is taking care of it.

The pending time does vary, but in most cases, as soon as USCIS receives anything you send them, they will send out a notice. So, the USCIS I-797 processing time can take anywhere from one week from the day you sent the paperwork to three weeks after you’ve sent the paperwork.

What Should I Do if I Lose My I-797 Form?

We have made it very clear multiple times that this form is one that should be kept safe upon receiving it. If you receive one of these forms and misplace it, without having the receipt number saved, then you must be willing to go down the road to retrieval.

First, you should be prepared to make an additional appointment with USCIS and bring documents to validate your identity. This will be done so that they can legally pull up the necessary notices. At this appointment, you will ask for your receipt number, and they can check your status online.

If you wish, you can additionally request a duplicate approval notice. If you go down this route, you need to file Form I-824 . This can only be filed if your visa application is still in process. This form cannot be filed after the fact, so it’s important that it’s done in a timely manner if you need a duplicate.

Or, in regards to the section above, a duplicate cannot be given out if your application or petition is pending or has been denied. Additionally, the duplicate approval notice that names any dependents or a spouse related to the visa application can be approved by immigration.

Can You Check Your Case Status Without Your I-797 Form?

So, this is a tricky question because as you know, keeping your I-797 form is imperative. But, if you do lose your form, and are able to get a replacement form and receipt number, you are able to check your status for each visa case online.

Now, on the USCIS website, you can input your receipt number, and check your status easily online. Additionally, checking your case status can be done via phone call to a USCIS office. However, the bottom line is, even though you can easily check your case statuses now, it’s important that you obtain a copy of your I-797 notice for future use.

What Happens After the I-797 Approval Notice?

Once all is said and done, and you have received some I-797 approval notices, you should know what your next options are. Generally, all you need to do is keep the approval notices in a safe spot. And like we have said previously, and in the section above, do not lose your notice or forget your receipt number.

This document can be used for proof in immigration cases or visa applications. Or, if a legal case occurs, this notice can sometimes be used for your benefit.

Form I-797 FAQs

Does form i-797 have an expiration date, can i enter the u.s. with an i-797 approval notice, can i book a visa appointment without my i-797 form, can i work on an i-797 approval notice, got more questions about the i-797 approval notice.

We understand that this type of notice is confusing and used in multiple different situations. However, it’s also nice that USCIS has implemented ways that communication can be bridged between the officers and the applicant.

If you have submitted any sort of paperwork to USCIS, or are beginning your visa journey, Form I-797 should be a familiar notice. For more questions or any additional information requests, contact us today. At ImmigrationDirect, we want you to feel comfortable when it comes to the visa process.

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I-797 Notice of Action, Explained

Learn about the different types of uscis receipt and approval notices, in this guide.

• I-797 Notice of Action
• I-797A Notice of Action
• I-797B Notice of Action
• I-797C Notice of Action
• I-797E, Notice of Action
• I-797F, Transportation Letter
• Related Information

What is Form I-797?

Form I-797 is sent to immigrant and non-immigrant visa applicants to inform them that their application has been received or approved — which is why it is sometimes called a “receipt notice” or “approval notice.”

Pretty much every document received or sent by U.S. Citizenship and Immigration Services (USCIS) has a form number — including green cards which you’ll find marked as Form I-551 . Not every form needs to be filled out, as is the case with Form I-797, Notice of Action.

In this guide, we’ll define the various types of Form I-797, each of which is meant to communicate information regarding USCIS benefits.

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Form I-797, Notice of Action, is a letter sent to those who have recently filed an immigrant or non-immigrant application. This notice of action will either confirm that the government has received the application or it will contain the immigration officer’s decision to approve an application or petition. It’s always a good idea to hold on to this letter, as you may end up needing it to prove eligibility for certain benefits.

Anyone who isn’t a citizen or permanent resident will receive an arrival/departure record (Form I-94) upon their entry into the United States. Form I-797A, Notice of Action, serves as a replacement for Form I-94, when the latter is not available. This notice of action may be sent if, for example, a person changes their address while in the United States.

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Those seeking an employment-based immigration visa , such as an EB-2 or EB-2 NIW , will need to file Form I-140 (officially called the “Immigrant Petition for Alien Workers”). The petitioner will receive Form I-797B, Notice of Action, if their I-140 has been approved.

Note: This notice does not come with an arrival/departure record (Form I-94).

Form I-797C, Notice of Action, may be sent to notify an applicant or petitioner when their application/petition has been:

• Transferred

This notice may also contain information regarding an upcoming appointment, whether it be for an interview, fingerprints, or biometrics. It’s very important to read all the information in Form I-797C , as it may contain essential instructions. Failure to read the letter could, for example, result in a missed appointment, which could greatly delay the process.

You can expect any Form I-797C distributed after April 2, 2012 to be printed on paper and to contain the following text at the top of the page: “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” While it does not grant benefits, Form I-797C may be used as evidence for certain benefits given at the state and local levels. So it’s a good idea to hold on to this notice, even if it was sent prior to April 2, 2012.

When sending certain benefit cards — such as a green card or work permit — USCIS will also send a letter, known as Form I-797D.

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Sometimes a USCIS officer may need more evidence to make their final decision regarding an application or petition. In this case, they may send a Request for Evidence (RFE) . This request is sent in a letter known as Form I-797E, Notice of Action. Anyone who receives this letter should be sure to track down the requested evidence and submit it within the designated period of time.

RFEs can lead to delays in the application process. For this reason, you should do your best to avoid them. To learn more about preventing an RFE, read our article on the subject.

Applicants who are abroad may use I-797F, Transportation Letter, to travel to the United States. Green card holders, for instance, may need to get a transportation letter if, while abroad, their card has been stolen, lost, or destroyed. They can do this by filing Form I-131A (officially called the “Application for Travel Document (Carrier Documentation)”).

As per the filing instructions for Form I-131A, the transportation letter may be used to board an airplane, but it does not guarantee admission into the United States. That decision lies, ultimately, with the U.S. Customs Border Protection (CBP) officer. It should also be noted that Form I-797F does not replace a green card. The permanent resident will need to apply for a replacement green card through the normal channels.

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What Is USCIS Form I-797: Notice of Action?

The U.S. Citizenship and Immigration Services (USCIS) Form I-797: Notice of Action serves several purposes. If you file an application with USCIS, the agency will send you Form I-797: Notice of Action to inform you that it has received your application. This is often called a receipt notice. It’s also commonly used as a way to communicate that USCIS has approved your immigrant or nonimmigrant application. While these are common uses of Form I-797, USCIS also uses Form I-797 to notify you of case status changes. These notices have a letter at the end of the form name, such as Form I-797C, and each form provides information regarding the status of your application. In this article, we explain each of the uses of Form I-797.

Written by Jonathan Petts .  Legally reviewed by ImmigrationHelp Team Written February 23, 2023

What Is USCIS Form I-797?

Form I-797: Notice of Action is a form sent from United States Citizenship and Immigration Services (USCIS) that notifies you of your application case status . There are seven types of I-797 forms , so it is important to pay attention to which form you get. If the form you receive is titled Form I-797 followed by a letter, such as I-797A, this means your form includes other information or a case status update. I-797 forms are often meant simply to be informative, but sometimes they signal that you need to take action. 

Form I-797, Explained

If you receive a form titled Form I-797 with no extra letters, this is telling you that USCIS has received or approved your application. USCIS sends this form to immigrant and nonimmigrant visa applications. Form I-797 is more commonly known as a notice of action. It can also be called a receipt notice or approval notice. 

It is important to keep all communication (letters, emails, etc.) from USCIS, but it is especially important to keep track of Form I-797. This form has your receipt number , which is used to track your case status with USCIS. 

Form I-797A, Explained

If you receive Form I-797A, you are getting a replacement for Form I-94 : Arrival/Departure Record. Form I-94 is a travel record. The U.S. government uses it to track non-U.S. citizens as they enter and leave the U.S. You can also use Form I-94 to prove that you have not overstayed your visa and that you entered the U.S. lawfully. It may be needed for situations like applying for a driver’s license. 

Some people are exempt from needing Form I-94. If you need to check your eligibility, read our Form I-94 Guide to learn more.

Form I-797B, Explained

Form I-797B is an approval notice for Form I-140 : Immigrant Worker Petition. This confirms your eligibility for an employment-based immigration visa. This means you are qualified to apply for an employment-based green card . 

Unlike Form I-797A, Form I-797B does not contain the record of departures or arrivals to or from the U.S. because it is sent to individuals who are either already living in the U.S. or applying from their home country. 

Form I-797C, Explained

Form I-797C notifies you of a change or update in your case status for the application you submitted to USCIS. Your I-797C form will tell you if your application has been received, rejected, transferred, or reopened. This is often good news as it usually means your case is moving along. But sometimes it notifies you that USCIS needs you to take action or provide more information. For example, it may contain information or updates about pending appointments like your biometrics appointment (sometimes called a fingerprinting appointment) or your green card interview . 

It is important that you read your Form I-797C carefully because it will have detailed instructions on any action(s) you may need to take. 

Form I-797D, Explained

Form I-797D simply serves as a notification that you have been approved for and received your green card (permanent resident card) or work permit. If you receive Form I-797D, you don’t need to take any action. This form is simply sent along with your benefit card. 

Form I-797E, Explained

Form I-797E is a request for evidence (RFE). USCIS will send this form if it needs more information to determine your eligibility for an immigration benefit you applied for. If you receive a request for evidence, it is important to gather and submit the evidence outlined in the notice as soon as possible. This will ensure you avoid unnecessary delays in the application process. 

If you want more information about RFEs and how to respond to them, read our RFE Guide . 

Form I-797F, Explained

If you file Form I-131A : Application for Travel Document from overseas, and USCIS approves your form, you will receive Form I-797F. This is also known as a transportation letter. Receiving Form I-797F allows you to travel. When you do so, you will use your I-797F as your travel documentation. 

If you are a lawful permanent resident (LPR) and your green card has been lost, stolen, or destroyed, you qualify to file Form I-131A. If you are not an LPR but were issued Advance Parole or an Employment Authorization Document (EAD) with travel endorsement and the forms were lost, stolen, or destroyed, you also qualify to file Form I-131A.

It is important to know that even with a transportation letter, you are not guaranteed entrance into the U.S. You will undergo inspection procedures from U.S. Customs and Border Protection (CBP) and they will determine if you are able to enter the U.S. 

Form I-797 serves several purposes. Most commonly, it is a notice of action explaining USCIS has received your application for an immigration benefit. It may also communicate important updates about your immigration status. There are also several other types of I-797 forms that USCIS sends to provide information about your immigrant petition. Be sure to keep all important documents from USCIS in a safe and secure place, especially any I-797 form that you receive. This will help you to avoid delays in your application process. 

Continue reading and learning!

USCIS Guide

Find Answers to Immigration Questions

I-797: Notice of Action

What is i-797 form.

Form I-797 is a family of forms designed to notify applicants. USCIS issues I-797 form, also known as a Notice of Action , to applicants to communicate information about the immigration status or benefit. Unlike other USCIS forms , applicants do not complete Form I 797 to hear back from the USCIS. Instead, USCIS proactively sends the applicant a Notice of Action. There are several types of Form I-797. Each type is utilized to communicate specific information. If you have received a I-797, refer to the table below to understand the notice.

A Notice of Action is issued to notify an applicant when a petition is approved. Only the United States Citizenship and Immigration Services has the authority to approve an applicant’s petition. This can be used as proof for certain benefits an immigrant can receive. 

This Notice of Action is issued to an applicant to replace Form I-94 . I-94 , also known as the Arrival Departure Record Card , tracks non-U.S. citizens or permanent residents on when they enter and leave the United States. I-94 form is issued by U.S. Customs and Border Protection agency. For applicants who get an extension (I-539 ) or a non-immigration work petition, they will receive a Form I-797A to replace I-94 .

Notice of Action is issued to notify an alien worker petition is approved. Applicants with I-797B do not receive Form I-94 . If an applicant is residing outside the U.S. at the time of the notice, she must receive a visa stamping from a U.S. embassy or consulate before traveling to the U.S.

Notice of Action is issued to communicate an update on the applicant’s case. Update includes receiving payments, rejecting applications, transferring files, fingerprint biometric, interview and re-scheduled appointments, and re-open cases.

Notice of Action is issued. I-797D is accompanied by benefit cards. Examples of benefit cards include a permanent resident card ( green card ) and an employment authorization document .

Notice of Action is issued to request evidence. Applicants may be contacted by the USCIS if additional information is required for their case.

Notice of Action is issued overseas to permit applicants to travel.

What should I Know about Form I-797C?

As of April 2012, the USCIS has implemented a new paper to print the form as a cost savings measure. While this change does not much affect how applicants interpret the form, there are several key items about the form. As stated above, I-797C communicates an application receipt, rejection, transfer, case reopening, or appointment at the USCIS.

• Applicants may receive an application receipt notice after filing a petition. On the notice, the applicant can find a tracking number information that can be used to check the case status at the National Visa Center .
• Applicants may receive a rejection notice if the application contains incomplete information or incorrect payment. This notice is a rejection of the filing, not necessarily a rejection of the application. Correcting the errors in the applicants may lead to a resubmission of the application.
• Applicants may receive a transfer notice if the applicant is being relocated to another USCIS processing office. This may occur as certain application criteria are exclusively processed by specific regional offices. For example, Applicants seeking to remove their inadmissibility must file I-601 to an appropriate USCIS processing office based on their application status.
• Applicants may receive a reopening notice if a previously denied case is reopened and is being processed by a USCIS office.

Applicants may receive an appointment notice if the application requires a fingerprints or biometric to be captured at a local USCIS office. To find out if the application requires a biometric, visit the USCIS Form page . Note there is typically a biometrics service fee required by the USCIS.

U.S. immigration basics

Understanding form i-797 notice of action: uscis receipt notices & more.

By Annie Blay

United States Citizenship and Immigration Services ( USCIS ) uses Form I-797 to communicate important information to applicants, petitioners, and beneficiaries regarding immigration applications. These legal documents confirm the status of an immigration petition.

For example, Form I-797 can confirm receipt of an application via mail. This type of notification is also known as a receipt notice. Additionally, USCIS may use Form I-797 to communicate that a petition has been approved. In this instance, the I-797 notification may be called an approval notice.

Besides receipt notices and approval notices, there are several other ways that USCIS uses Form I-797. We describe each type of I-797 below.

What is Form I-797?

There are several variations of Form I-797. Use the guide below to understand the notices most relevant to your immigration journey.

Form I-797 Notice of Action

A Form I-797 Notice of Action (as compared to I-797A, I-797B, etc) is simply a receipt notice or approval notice. After filing a USCIS petition, you can usually expect to receive a receipt notice within two to three weeks. For petitions with premium processing , you may receive the notice within a few days. Approval notices are issued by USCIS as soon as a case is approved, which depends on USCIS case processing times .

Form I-797A Notice of Action

Form I-797A is issued by USCIS as a replacement for Form I-94. For context, Form I-94 is an arrival and departure record that the U.S. government uses for all non-citizens/permanent residents.

An I-94 is proof of legal status in the U.S. It also states an immigrant's "admit until" date. This date is the last day an immigrant is allowed to stay legally in the U.S.

However, there are a few instances in which the I-94 needs to be replaced by an I-797A. For example, if you receive a change of status visa approval from within the U.S., your I-797A will replace your existing I-94. This is because you've been granted the ability to stay in the U.S. longer than the "admit until" date on your I-94.

Form I-797B Notice of Action

Form I-797B is an approval notice that does not replace an I-94. It shows that a visa or other immigration application has been approved, but does not grant the applicant legal stay in the U.S.

For example, someone with an approved immigrant visa like an EB-1 or EB-2 would receive Form I-797B. Since immigrant visas like EB-1 and EB-2 do not grant applicants legal status in the U.S., these approval notices do not include an I-94 and therefore differ from Form I-797A approval notices.

Form I-797C Notice of Action

USCIS issues Form I-797C for a variety of purposes, including to notify applicants and petitioners of the following:

• Interview appointments
• Biometrics appointments
• Appointment rescheduling
• Case receipts
• Cas transfers
• A reopened case
• Case rejections

If you receive Form I-797C, read the notice carefully and communicate with your immigration attorney.

Form I-797D

Form I-797D accompanies benefit cards and explains any immigration benefits associated with a recent approval. For example, you will receive I-797 if your green card (also called permanent resident card) or work permit was recently approved.

Interested in exploring green card paths? Read more about employment-based green card petitions or chat with our team for one-on-one support .

Form I-797E Notice of Action

Form I797E is a Request for Additional (RFE). USCIS issues RFEs when they need additional information about a pending case. Form I-797E  details the exact documents USCIS is looking for regarding a pending case. The RFE notice will also include a due date by which you must respond. To ensure a visa approval, work with an experienced immigration team to prepare your RFE response.

Form I-797F Transportation Letter

U.S. permanent residents can use Form I-797F to enter the U.S. if their green card is lost or stolen abroad.

Frequently Asked Questions

How can I check my USCIS case status online?

You can track your petition's status online after receiving your receipt notice. On the receipt notice, USCIS will give you a unique receipt number (also called case number) that you can enter into the case tracker on the USCIS website.

Where does USCIS send I-797 notices?

USCIS mails I-797 notices to the mailing addresses listed on USCIS forms. For instance, USCIS may mail I-797 notices to both your employer and your home address if they are both listed on your immigration forms.

How do I know whether USCIS received my visa petition?

USCIS will notify you via a receipt notice. Generally, it takes about 2-3 weeks to receive a receipt notice from USCIS. If your petition was filed with premium processing, you may receive a receipt notice within a few days. You can also opt-in for text status updates on your USCIS online account.

Do I need to keep a physical copy of my I-797 forms?

It's always a good idea to keep a copy of every I-797 form. We recommend keeping a folder with all your immigration documents and bringing it with you anytime you travel internationally. 

Final Thoughts: I 797 Notice of Action

Now that you understand the different types of I-797 notices, deepen your immigration knowledge with these resources:

Understanding the Steps in the Green Card Process

Navigating the USCIS Website: A Free Guide

What is the Difference Between Form I-140 and Form I-485?

Step-by-Step Process for Expediting Advance Parole and EADs

Can You Work on a B-1 Visa?

About the author:

Content Marketing Specialist

Before joining the marketing team, Annie helped over 60 Legalpad clients navigate U.S. immigration on the client services team.

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USCIS Form I-797 Notices: What do they all mean?

US Citizenship and Immigration Services (USCIS) communicates vital information through various Form I-797 notices. Understanding the nuances of each notice is crucial for applicants and petitioners. This guide aims to calrify the meanings and significance of different USCIS Form I-797 notices.

USCIS Form I-797: An Overview

A USCIS Form I-797 Notice is an official communication channel that provides critical updates on your immigration case. Keeping a record of these notices is essential for transparency and promptly addressing discrepancies.

• Form I-797, Notice of Action, is a versatile notice used to acknowledge the receipt or approval of applications or petitions. It contains essential details such as Receipt Number, Received Date, Notice Date, Priority Date, Case Type, Petitioner, Beneficiary, USCIS Alien Number, and Preference Classification. Ensuring the accuracy of this information is paramount.
• Form I-797(A), Notice of Action, serves a distinct purpose by replacing Form I-94. This replacement serves as proof of valid immigration status; you can find it at the bottom of Form I-797A.
• Form I-797(B), Notice of Action, is issued upon the approval of a non-immigrant visa petition. It plays a crucial role in obtaining a visa or gaining entry into the US at a designated port, depending on your citizenship.
• Form I-797(C), Notice of Action, covers various case updates, including receipt acknowledgment, case rejection, transfer, fingerprint and biometrics appointments, interview notices, rescheduling, and case reopening. Staying informed about these updates is essential.
• Form I-797(D), Notice of Action,  indicates the approval of benefits cards, such as the employment authorization document (EAD). It plays a vital role in confirming your eligibility for specific benefits.
• USCIS uses Form I-797(E), Notice of Action, to request additional evidence from applicants or petitioners. Responding promptly to these requests is crucial for the progression of your case.
• Form I-797(F), Transportation Letter, is issued overseas to facilitate applicants’ travel. This form is crucial for those planning to travel during the immigration process.

It is recommended that you consult the USCIS’s official website or seek legal advice for specific inquiries related to your USCIS Form I-797 notices. This will help you stay informed, understand the significance of each notice, and navigate your immigration journey with confidence.

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• USCIS: Form I-797 Types and Functions

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You may have questions regarding U.S. immigration laws and visas. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews ! Contact us today to assess your legal situation.

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I-797 Notice of action: What you need to know

Keep this form in a safe place, as you may need it to maintain your immigration status.

What's Inside

When you’re facing an immigration matter, it may feel like there are forms from the U.S. Citizenship and Immigration Services (USCIS) around every corner. While you usually need to fill out forms that you submit to USCIS, you may also receive one you don’t need to complete: Form I-797 . Typically, an I-797 receipt notice is a letter regarding some action the government has taken or an action you need to take in an immigration case.

Keeping any I-797 you receive from the government can be crucial to maintaining your immigration status. These forms often serve as proof of your immigration benefits or contain essential information to help you obtain a benefit, such as the right to work in, live in, drive in or travel to the United States. 

How a Form I-797 can help you maintain your status depends on the type of form that you receive. This article discusses the different types of Form I-797 and what those documents may mean for your immigration case.

Types of Form I-797

There are seven types of Form I-797:

Form I-797, Notice of Action

Form i-797a, notice of action, form i-797b, notice of action, form i-797c, notice of action, form i-797d, form i-797e, notice of action.

• Form I-797F, Notice of Transportation Letter

This form tells an individual when the government has received or approved their application or petition for immigration benefits. This paperwork may come in handy when you’re waiting to receive other immigration benefits.

For example, when a permanent resident card (PRC) expires, the permanent resident can file an I-90 application to replace it. When the government receives that I-90, it sends the applicant an I-797, Notice of Action. However, replacement PRCs don’t come right away, and a permanent resident might have an immediate need to prove their status, such as for employment purposes. 

One way a permanent resident can prove they’re authorized to work in the U.S. is to present to their employer their expired PRC and the I-797, Notice of Action, they received after filing their I-90. 

In some cases, a Form I-797, Notice of Action, approval can also be used for travel. Depending on the facts of your case , an expired PRC or conditional permanent resident card and a Form I-797 can be used together to allow you to board a carrier to the U.S.

Get the right lawyer for your immigration case

Schedule a free 15-min call with our team today.

This form for travel purposes is given to individuals to replace Form I-94. Form I-94 comes from the Department of Homeland Security and records the dates when certain noncitizens enter and leave the U.S. Form I-94 also alerts certain noncitizens about how long they can stay in the U.S. during each visit. 

All individuals in the U.S. need a Form I-94 unless they fit into one of the following categories: 

• U.S. citizen
• Resident immigrant
• Individual with an immigrant visa
• Visiting or in-transit Canadian citizen

Form I-797A , Notice of Action, provides a record of Form I-94 information for a noncitizen. In many cases, Form I-797A is evidence that the USCIS approved a noncitizen’s immigration status so they can remain in the U.S. for longer.

Not all immigrant visas are equal. Some allow you to visit only for leisure purposes, while others give you a chance to earn a living while you’re in the U.S. The government sends Form I-797B to a noncitizen after it approves a Form I-140 (petition for the noncitizen’s work authorization) filed by the noncitizen, their employer or a third party.

This form notifies noncitizens about the following:

• A case reopening 
• The date and time of an immigration-related interview
• The rescheduling of an immigration-related appointment
• The government’s receipt of an immigrant’s application or petition
• The government’s rejection of an immigrant’s application or petition
• The date and time of an appointment for fingerprint biometrics
• Additional actions related to their immigration case

By paying close attention to any I-797C or other I-797 you receive, you can avoid missing important appointments or tasks needed to maintain or adjust your immigration status. 

Form I-797D is given to an individual when they receive an immigration benefit card. If you ever run into an immigration dispute, you might be able to use Form I-797D to prove that you provided specific information to the government, such as your address and the dates on which you received certain immigration benefits.

Before the U.S. government grants immigration benefits, it typically needs a large amount of information from a benefit applicant or petitioner. This information may include:

• Financial documents
• Employment records
• Birth certificates
• Immigration documents
• Criminal history records
• Historical reports
• Marriage certificates
• Tax returns
• Witness statements
• Copies of identification cards
• Education records
• Copies of applications for immigration or other government benefits

If the government concludes that it doesn’t have all the information it needs to make a determination about immigration benefits, it might send the petitioner a Form I-797E to request more evidence from them.

Form I-797F, Transportation Letter

Form I-797F is another type of travel document issued by the U.S. government. This form is typically given to lawful permanent residents who are overseas and have a lost, stolen or destroyed green card. It allows them to travel into the U.S. 

When to speak with a lawyer

As with many legal matters, it’s not mandatory to hire an attorney to handle your immigration issue. However, the U.S. immigration system often requires petitioners to fill out form after form and provide document after document before they can get benefits or relief. Because the forms and government requests can seem never-ending, some immigration petitioners seek legal counsel to handle their affairs.

Immigration cases can also be stressful. Many petitioners are uncertain whether they can stay in the U.S. or visit the U.S. to seize personal or professional opportunities. Some find that an attorney eases these concerns.

In an immigration case, an attorney may help you identify, obtain and keep track of all paperwork and evidence you need to prove your eligibility for benefits. An attorney may be able to help you prepare for immigration interviews and argue your case before the immigration court if necessary.

Bottom line

Our experienced team would love to help you move forward. Schedule a free 15-minute call so we can connect you with an experienced attorney.

Frequently asked questions

Can i travel with an i-797 notice of action, what happens after an i-797 approval notice, how can i get a copy of my i-797 approval notice, can i work with an i-797 approval notice.

Disclaimer: This article is provided as general information, not legal advice, and may not reflect the current laws in your state. It does not create an attorney-client relationship and is not a substitute for seeking legal counsel based on the facts of your circumstance. No reader should act based on this article without seeking legal advice from a lawyer licensed in their state.

This page includes links to third party websites. The inclusion of third party websites is not an endorsement of their services.

More resources

10 ways to prioritize your mental health after moving to a new country

How global events shape u.s. immigration, the ir-5 visa: what to know, what are the easiest countries to immigrate to, eb-3 visa: what to know, what is a request for evidence & what to do about it, form i-140: what you need to know, the f-1 student visa: what you need to know.

• Green Card Application

Can I fly while my Green Card Application is processing?

Congratulations on submitting your I-485, Adjustment of Status application ! While waiting to hear back from USCIS about the status of your green card application , let’s examine whether you can travel domestically in the United States without a valid green card, and before you obtain your driver’s license or EAD (employment authorization document, work permit, or Form I-766).

What documentation do I need to fly domestically within the U.S.?

If you do not have an unexpired green card or an unexpired EAD, you may use a border crossing card or a foreign government-issued passport to fly domestically within the U.S.

According to Transportation Security Administration (TSA), adult passengers (age 18 and over) must show at least one of the following forms of identification in order to travel by plane. While many of these forms of identification apply only to U.S. citizens, the items in bold apply to non-U.S. citizens.

• Driver’s license or other state photo identity cards issued by Department of Motor Vehicles
• U.S. passport
• U.S. passport card
• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
• U.S. Department of Defense ID, including IDs issued to dependents
• Permanent resident card (green card)
• Border crossing card (for Mexican citizens)
• DHS-designated enhanced driver’s license
• Federally recognized, tribal-issued photo ID
• HSPD-12 PIV card
• Foreign government-issued passport
• Canadian provincial driver’s license or Indian and Northern Affairs Canada card
• Transportation worker identification credential
• U.S. Citizenship and Immigration Services Employment Authorization Card (Form I-766/EAD/work permit)
• U.S. Merchant Mariner Credential

Need to apply for a green card? – The Ultimate Guide on How to Get a Green Card .

What documentation does my child need to fly domestically within the U.S.?

According to TSA, children under age 18 do not need to provide identification when traveling with a companion domestically within the U.S.

Can I use my Form I-797 as a form of identification for air travel?

You cannot use the Form I-797 alone as your only form of identification for air travel. However, it can be used as a secondary form of identification in addition to other forms of valid identification.

The Form I-797 is not considered by the U.S. government to be a travel document. It is considered a secondary form of identification for air travel, not a primary form of identification, which means that you can only use it to supplement primary forms of identification for air travel.

Primary forms of identification for non-U.S.-citizens include green cards, EADs, border crossing cards, and foreign government-issued passports. If you have one of these documents, bring it to your airport security screening. You should also bring any other forms of secondary identification you have. Bring the original documents, as well as photocopies and pictures of the documents on your cell phone or a camera, in case TSA officers request to see the original documents.

If you do not have proper primary identification, bring at least two forms of secondary identification to your airport security screening. These documents must have any identifying information such as your name, photo, address, phone number, social security number, or date of birth. Secondary forms of identification include:

• Temporary paper IDs
• Expired IDs
• Credit cards
• Social security cards
• Birth certificates
• Marriage certificates
• Bank statements or bills
• Any other ID you have available

What if I arrive at the airport without valid ID, because it’s lost or left at home?

You may still be allowed to fly if you do not provide valid identification, but this may not be allowed if you intentionally choose to not provide proper identification.

• A TSA officer will likely ask you to complete an identity verification process, during which you will provide information such as your name, current address, and other personal information.
• If TSA can confirm your identity, you will be allowed to enter the security screening checkpoint. TSA may require you to undergo additional screening, such as a pat-down and screening of carry-on luggage.
• TSA recommends arriving at the airport at least two hours before a domestic flight due to potential extra screening time requirements and wait times.
• If TSA cannot confirm your identity or if you decline to undergo the identity verification process, you will not be allowed to enter the security screening checkpoint.

What do I do if TSA discriminates against me in the security screening process?

If you feel TSA security screening has discriminated against you because of your race, color, national origin, sex/gender (including gender identity, sexual orientation and parental status), religion, and age, you may do any or all of the following actions:

• File a complaint with the TSA Multicultural Branch
• File a complaint with the U.S. Department of Homeland Security (DHS) , which houses the TSA, through their Office for Civil Rights and Civil Liberties
• Apply for traveler redress through the DHS Office for Civil Rights and Civil Liberties

You may apply for for DHS Traveler Redress if you experienced one or more of the following:

• You are unable to print a boarding pass.
• You are denied or delayed boarding a plane.
• You are denied or delayed entry into and exit from the U.S. at a port of entry or border checkpoint.
• You are continuously referred for additional screening at the airport.

What types of Form I-797 could be issued to me?

Form I-797 , Notice of Action: Issued when an application or a petition submitted to the USCIS has been approved.

Form I-797A , Notice of Action: Issued to an applicant as a replacement Form I-94.

• As of January 2018, foreign visitors to the U.S. no longer need to fill out a paper version of the Form I-94, the Arrival and Departure Record, with a Customs and Border Protection (CBP) Officer in order to enter the U.S.
• CBP now gathers air and sea travelers’ arrival/departure information automatically from their electronic travel records.
• Upon arrival to the U.S., a CBP officer will stamp the travel document of each arriving non-immigrant traveler with the admission date, the class of admission, and the date that the traveler is admitted.
• If you need the information from your Form I-94 admission record to verify immigration status or employment authorization, the record number, and/or other admission information, you can get your I-94 number here.
• If you would like a paper Form I-94, you can request a form during the inspection process.
• You can learn more about the I-94 updated procedure here.

Form I-797B , Notice of Action: Issued for approval of an alien worker petition.

Form I-797C , Notice of Action: Issued to communicate receipt of payments, rejection of applications, transfer of files, fingerprint biometric, interview and re-scheduled appointments, and re-open cases.

Form I-797D , Accompanies benefit cards.

Form I-797E , Notice of Action: Issued to request evidence.

I-797F , Transportation Letter: Issued overseas to allow applicants to travel.

How can I get more information about the status of my applications?

If your green card application (Form I-485, Application to Register Permanent Residence or Adjust Status) and/or Form I-765, Application for Employment Authorization have been pending with USCIS for 75 or more days, you can either call the USCIS Contact Center at 1-800-375-5283 or 800-767-1833 (TTY) to inquire about the status of your application, or check your case status online .

Was this article helpful?

Related articles.

• USCIS Update Alert: Proposal for Fee Increase for Certain Immigration and Naturalization Services
• Employment Verification Letter (EVL) o Carta de Verificación de Empleo
• Cálculo de los ingresos anuales actuales – Múltiples empleos en un año 
• Entendiendo mejor la pregunta de Raza y Etnia de USCIS
• Cómo preparar y enviar el Formulario I-693
• Cómo obtener las vacunas requeridas o solicitar una exención

My wife i currently waiting for her Green Card. She has the I-765 card with advanced parole. Can she travel with this as long as she has a certified copy of our marriage license and a passport from her country. She would like to travel to Thailand for two weeks. She would also like to travel to Alaska with me to visit my brother. Is all this possible.

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USCIS Form I-797: What It Is and How to Use It

Understanding uscis form i-797.

If you’ve ever applied for a visa or immigration benefit with the United States Citizenship and Immigration Services (USCIS), you may have received a Form I-797. This form is an official document issued by USCIS to communicate with applicants and petitioners regarding their cases.

The I-797 form serves as a receipt notice, approval notice, or request for additional evidence. It contains important information about your case, such as the receipt number, case type, and processing times.

There are several types of Form I-797, each with a different purpose. Some of the most common types include:

I-797C, Notice of Action: This is a receipt notice that confirms USCIS has received your application or petition. It includes the receipt number, which you can use to check your case status online.

I-797E, Notice of Action: This is a notice of approval for an employment-based petition. It confirms that USCIS has approved your petition and includes details about the approved classification and validity period.

I-797F, Transportation Letter: This is a document that allows certain individuals to travel to the United States when they do not have a passport or visa. It is issued to individuals who have an urgent need to travel to the U.S. and have a pending immigration application.

I-797H, Approval Notice: This is a notice of approval for an H-1B petition. It confirms that USCIS has approved your petition and includes details about the approved classification and validity period.

It is important to carefully review your I-797 form when you receive it. Make sure all the information is correct and matches the information on your application or petition. If you notice any errors or discrepancies, contact USCIS immediately to have them corrected.

In conclusion, the I-797 form is an essential document for individuals who are applying for visas or immigration benefits with USCIS. Understanding the different types of I-797 forms and their purposes can help you navigate the immigration process more effectively.

Table of Contents

Types of form i-797.

USCIS Form I-797 is a document that serves as a receipt notice for various immigration-related applications. There are five types of Form I-797, each with its own purpose and designation. Below are the different types of Form I-797 and their respective sub-sections.

Form I-797A

Form I-797A is issued to applicants who have been approved for a change of status, extension of stay, or adjustment of status. This document serves as proof of the approval and is typically required for travel and employment purposes.

Form I-797B

Form I-797B is issued to applicants who have been approved for a visa petition. This document serves as proof of the approval and is typically required for travel and visa application purposes.

Form I-797C

Form I-797C is issued as a receipt notice for various applications, such as those for employment authorization, travel documents, and petitions. This document serves as proof that USCIS has received the application and is processing it.

Form I-797D

Form I-797D is issued as a replacement for a lost or damaged Form I-797A or Form I-797B. This document serves as a duplicate of the original approval notice.

Form I-797E

Form I-797E is issued to applicants who have been granted deferred action. This document serves as proof of the grant of deferred action and is typically required for employment and travel purposes.

In summary, each type of Form I-797 serves a specific purpose and is designated for a particular application or situation. It is important to keep these documents safe and accessible as they serve as proof of USCIS approval.

Key Components of Form I-797

When you file an application or petition with the United States Citizenship and Immigration Services (USCIS), you will receive a Form I-797, Notice of Action, as a response. This form contains important information about your case, including the receipt number, notice type, and validity period. Understanding the key components of Form I-797 is essential to tracking the status of your case and ensuring that your application or petition is processed in a timely and accurate manner.

Receipt Number

The receipt number is a unique 13-character identifier that is assigned to your case by the USCIS. This number is used to track the status of your case and can be used to check the processing times for your particular application or petition. You should keep this number safe, as it will be required for any future inquiries or updates on your case.

Notice Type

The notice type section of Form I-797 provides information about the type of notice you have received. There are several different types of notices that you may receive, including approval notices, request for evidence notices, and denial notices. Each type of notice provides different information about the status of your case and what action you need to take.

The validity period of Form I-797 is the period of time during which the notice is valid. This period varies depending on the type of notice you have received and the status of your case. For example, if you have received an approval notice, the validity period will indicate the period of time during which you are authorized to work or stay in the United States.

In summary, Form I-797 is an important document that contains key information about the status of your case with the USCIS. Understanding the receipt number, notice type, and validity period is essential to tracking the progress of your case and ensuring that you receive timely and accurate updates from the USCIS.

Filing and Application Process

To file an application for USCIS Form I-797, you must follow a specific process. The process involves filling out the form, submitting it with the required documents, and paying the filing fee.

The filing process starts with downloading the Form I-797 from the USCIS website. You must complete all the required fields in the form, ensuring that the information you provide is accurate and up-to-date. You must also provide the necessary supporting documents, such as a copy of your passport, visa, and other relevant documents.

Once you have completed the form and gathered all the required documents, you must submit your application to the USCIS. You can submit your application by mail or in-person at a USCIS office. If you choose to submit your application by mail, make sure to use a trackable delivery method and keep a copy of your application for your records.

When submitting your application, you must also pay the filing fee. The filing fee varies depending on the type of application you are submitting. The current filing fee for Form I-797 is $460. You can pay the filing fee using a check or money order made payable to the U.S. Department of Homeland Security.

After submitting your application, you will receive a receipt notice (Form I-797C) from the USCIS. The receipt notice confirms that USCIS has received your application and provides you with a receipt number that you can use to track the status of your application.

In conclusion, filing an application for USCIS Form I-797 involves completing the form, submitting it with the required documents, and paying the filing fee. You can submit your application by mail or in-person at a USCIS office. Make sure to keep a copy of your application and use a trackable delivery method if submitting by mail.

Common Notices on Form I-797

When you submit an application to the United States Citizenship and Immigration Services (USCIS), the agency will send you a Form I-797, Notice of Action, to inform you about the status of your case. The Form I-797 is a crucial document that contains important information about your application. In this section, we will discuss the common notices that you may receive on Form I-797.

Approval Notice

An approval notice on Form I-797 means that your application has been approved by USCIS. This notice will contain information about the type of application that was approved, the validity period of the approval, and any conditions that may apply. For example, if you applied for a work visa, the approval notice will indicate the type of visa you received, the validity period of the visa, and any restrictions or conditions that apply.

Rejection Notice

If USCIS rejects your application, you will receive a rejection notice on Form I-797. This notice will explain the reasons why your application was rejected and provide instructions on how to appeal the decision. It is important to carefully review the rejection notice and understand the reasons for the rejection. You may need to provide additional documentation or information to address the issues identified by USCIS.

Transfer Notice

A transfer notice on Form I-797 means that your application has been transferred to another USCIS office for processing. This may happen if the USCIS office that received your application does not have the capacity to process it in a timely manner. The transfer notice will provide information about the new office that will be processing your application and any additional steps that you need to take.

It is important to carefully review any notices that you receive on Form I-797 and follow the instructions provided. If you have any questions or concerns, you may contact USCIS for assistance.

Form I-797 and Employment

If you are an alien worker in the United States, you may need to apply for an Employment Authorization Document (EAD) to work legally. The EAD is a card that proves your eligibility to work in the US. To apply for an EAD, you must submit Form I-765 to the United States Citizenship and Immigration Services (USCIS).

Once your I-765 application is approved, you will receive Form I-797, Notice of Action. This form serves as proof that your application has been approved and outlines the terms and conditions of your employment authorization. You must present this form to your employer to demonstrate that you are authorized to work in the United States.

Form I-797 is also used in other immigration processes, such as the Alien Worker Petition (Form I-140) and the H-1B visa application. If your I-140 or H-1B application is approved, you will receive Form I-797 as proof of approval.

It is important to note that Form I-797 does not serve as a work permit or employment authorization on its own. You must have a separate EAD or other work permit to legally work in the United States. Form I-797 simply serves as proof of approval for your immigration application.

When you receive Form I-797, it is important to review it carefully and understand the terms and conditions of your employment authorization. If you have any questions or concerns, you should contact USCIS or an immigration attorney for guidance.

In summary, Form I-797 is a critical document in the immigration process, particularly for those seeking employment authorization in the United States. It serves as proof of approval for various immigration applications, including the EAD, I-140, and H-1B. However, it is important to understand that Form I-797 does not serve as a work permit on its own and that you must have a separate EAD or other work permit to legally work in the United States.

Form I-797 and Immigration Status

If you are an immigrant in the United States, you may have come across USCIS Form I-797. This form is used by the United States Citizenship and Immigration Services (USCIS) to communicate with you regarding your immigration status. It is important to understand the different types of Form I-797 and what they mean for your immigration status.

Form I-797 comes in different types, including approval notices, receipt notices, and transfer notices. The approval notice, also known as Form I-797A, is issued when your application for a visa or change of status has been approved. This notice includes important information such as the validity period of your status and any conditions that may apply.

On the other hand, the receipt notice, also known as Form I-797C, is issued when USCIS receives your application. This notice confirms that USCIS has received your application and provides a receipt number that you can use to track the status of your application.

If you are a lawful permanent resident , also known as a permanent resident or green card holder, you may receive a Form I-797 when you apply to renew your green card. This notice, also known as Form I-797B, confirms that USCIS has received your application and provides information on what to do next.

It is important to note that Form I-797 is not a visa. It does not grant you permission to enter or remain in the United States. Instead, it is a document that confirms your immigration status and provides important information about your application.

In summary, Form I-797 is an important document that plays a crucial role in your immigration status. Whether you are an immigrant, visa holder, or lawful permanent resident, it is important to understand the different types of Form I-797 and what they mean for your immigration status.

Form I-797 and Travel

If you are planning to travel outside the United States while your Form I-797 petition is pending, you must take certain precautions to ensure that your application is not denied or delayed. In general, USCIS does not recommend that you travel while your application is pending, but if you must travel, you should take the following steps:

• Check the status of your application online before you leave the country. If your application is approved while you are outside the United States, you will not be able to return until you have obtained a visa from a U.S. consulate or embassy.
• Carry a copy of your Form I-797 receipt notice with you at all times. This will serve as proof that your application is pending and will help you avoid any problems at the border.
• If you are traveling for an emergency or other urgent reason, you may be able to obtain a transportation letter from USCIS. This letter will allow you to re-enter the United States even if your application is not yet approved. To request a transportation letter, you should contact USCIS customer service and explain your situation.

It is also important to note that if you are traveling with a nonimmigrant visa, such as an H-1B visa, you must have a valid Form I-94 Arrival/Departure Record when you enter and exit the United States. You can obtain your Form I-94 online from U.S. Customs and Border Protection (CBP) after you arrive in the United States. Make sure to keep a copy of your Form I-94 with you at all times, as you may need to show it to immigration officials when you leave and re-enter the country.

In conclusion, if you must travel while your Form I-797 petition is pending, make sure to take the necessary precautions to avoid any problems at the border. Carry a copy of your receipt notice with you at all times, check the status of your application online, and consider obtaining a transportation letter if you are traveling for an emergency or other urgent reason. And if you are traveling with a nonimmigrant visa, make sure to obtain and keep a copy of your Form I-94 Arrival/Departure Record with you at all times.

Form I-797 and Identity Verification

If you are applying for certain immigration benefits with the United States Citizenship and Immigration Services (USCIS), you may receive a Form I-797, Notice of Action, as a receipt for your application. This document is important, as it provides information about your case status, processing times, and other important details. However, it is also important to note that the Form I-797 may be used for identity verification purposes.

When you are completing the I-9 Employment Eligibility Verification form for a new hire, you may use the Form I-797 as a List C document to establish employment authorization. To do so, you must provide the document number and expiration date in Section 2 of the I-9 form. It is important to note that the Form I-797 may only be used as a List C document, not as a List A document.

If you are a nonimmigrant worker, you may be required to provide additional documentation to verify your identity and employment authorization when you apply for a driver’s license or state identification card. In this case, you may use the Form I-797 as a List A document to establish both identity and employment authorization. However, you must also provide a Social Security card or other acceptable List C document to complete the 6 Point ID Verification process.

It is important to note that the Form I-797 may be subject to reverification, depending on the type of employment and the expiration date of the document. For example, if you are a nonimmigrant worker with an H-1B visa , your employer may be required to reverify your employment authorization when your visa expires. In this case, you may use the Form I-797 as a receipt notice for your pending petition, along with your previous Form I-797 approval notice, to establish continued employment authorization.

In summary, the Form I-797 may be used for identity verification and employment authorization purposes in certain situations. It is important to understand the specific requirements for each type of verification and to ensure that you are providing the correct documentation. If you have any questions or concerns about the Form I-797 and identity verification, you should consult with an experienced immigration attorney or USCIS representative.

Form I-797 and Green Card Process

If you are in the process of obtaining a green card, you may receive Form I-797 from USCIS. This form is a Notice of Action that confirms receipt of your application and provides information about the status of your case. It can be an important document in the green card process.

If you are applying for a green card through adjustment of status, Form I-797 will be issued to you after you file Form I-485. This form will confirm the receipt of your application and provide information about the next steps in the process. It may also include instructions for biometric appointments or interviews.

If you are applying for a green card through consular processing, Form I-797 will be issued to you after your case is approved by USCIS. This form will confirm the approval of your case and provide instructions for scheduling an interview with a U.S. consulate or embassy.

It is important to keep your Form I-797 safe and accessible throughout the green card process. You may need to provide it to USCIS or a U.S. consulate or embassy at various stages of the process. If you lose your Form I-797, you can file Form I-824 to request a duplicate copy.

If you receive a green card, your Form I-797 will no longer be necessary. However, if your green card is lost, stolen, or damaged, you may need to file Form I-90 to replace it. If you are a conditional permanent resident, you may need to file Form I-751 to remove the conditions on your green card.

In summary, Form I-797 is an important document in the green card process. It confirms receipt of your application, provides information about the status of your case, and may include instructions for further steps in the process. Keep it safe and accessible, as you may need to provide it at various stages of the process.

Handling Request for Evidence (RFE)

If you have submitted USCIS Form I-797 and received a Request for Evidence (RFE), it means that USCIS needs additional information to process your application. An RFE is issued when the USCIS adjudicator determines that there is missing or incomplete information in your application or if there is incorrect payment or signature.

When you receive an RFE, you must respond to it within the given timeframe, which is usually 87 days. If you fail to respond to the RFE, your application will be denied. Therefore, it is important to carefully read the RFE and provide the requested evidence as soon as possible.

To handle an RFE, follow these steps:

Read the RFE carefully: Read the RFE thoroughly to understand what additional information is required. Make sure you understand the instructions and provide all the requested evidence.

Gather the evidence: Collect all the evidence requested in the RFE. Make sure you provide the exact documents requested and that they are in the correct format.

Prepare the response: Prepare a response letter that includes a complete listing of the evidence you are submitting. Make sure to label each piece of evidence with a corresponding number or letter that matches the list in the response letter.

Submit the response: Submit the response and all requested evidence to the address provided in the RFE. You can submit the response by mail or online, depending on the instructions in the RFE.

Wait for a response: After you submit the response, USCIS will review your application and the additional evidence. You will receive a decision on your application after USCIS has reviewed your response.

In conclusion, if you receive an RFE, it is important to respond promptly and provide all the requested evidence. Make sure to carefully read the RFE, gather the evidence, prepare a response letter, and submit the response in a timely manner.

Dealing with Appointments and Biometrics

When you file USCIS Form I-797, you may receive an Appointment Notice or a Biometrics Appointment notice. These appointments are essential steps in the immigration process, and it is crucial to understand what they entail and how to prepare for them.

Appointment Notice

An Appointment Notice is a document that informs you of your appointment with a USCIS office. This appointment may be for an interview, a test, or to submit additional documentation. The notice will contain the date, time, and location of your appointment. It is crucial to attend your appointment on time and bring all the required documents with you. Failure to attend may result in a delay or denial of your application.

Biometrics Appointment

A Biometrics Appointment is a mandatory appointment that requires you to provide your fingerprints, photograph, and signature. These biometrics are used to conduct a background check and verify your identity. The appointment notice will contain the date, time, and location of your appointment. It is essential to attend your appointment on time and bring the appointment notice with you. Failure to attend may result in a delay or denial of your application.

When attending your Biometrics Appointment, make sure to dress appropriately and arrive early. You will need to bring your appointment notice, a valid government-issued photo ID, and any other required documents. You may also want to bring a book or something to keep you occupied, as wait times can vary.

It is essential to note that USCIS may reschedule your appointment if necessary. If you cannot attend your appointment, you must contact USCIS immediately to reschedule. Failure to do so may result in a delay or denial of your application.

In conclusion, dealing with appointments and biometrics is a crucial part of the USCIS Form I-797 process. Make sure to attend your appointments on time, bring all required documents, and dress appropriately. Contact USCIS immediately if you need to reschedule your appointment.

Form I-797 in Special Cases

If you have submitted a Form I-797 and your case requires special handling, there are a few special cases you should be aware of. These include re-scheduled appointments, re-open cases, and visa stamping. Below are some details on how these special cases are handled.

Re-scheduled Appointments

If you need to re-schedule an appointment after submitting a Form I-797, you should do so as soon as possible. You can do this by contacting the USCIS office handling your case. Be sure to provide your name, case number, and the reason for the rescheduling. You may also need to provide additional documentation or information to support your request.

Re-open Cases

If your case has been closed and you wish to re-open it, you will need to submit a new Form I-797 and pay any applicable fees. You will also need to provide a detailed explanation of why you are requesting the case to be re-opened. The USCIS will review your request and determine if it is appropriate to re-open the case.

Visa Stamping

When applying for a visa, you may need to provide a Form I-797 as part of the application process. If your application is approved, you will receive a stamped visa in your passport. This visa will allow you to travel to the United States and enter the country. However, if you need to travel before your visa is issued, you may need to apply for a temporary travel document using Form I-131A.

In conclusion, if you have submitted a Form I-797 and your case requires special handling, it is important to be aware of the special cases that may apply. By understanding the requirements and procedures involved, you can ensure that your case is handled properly and efficiently.

Form I-797 and Other USCIS Forms

When it comes to navigating the immigration process, it’s important to understand the various USCIS forms that may be required. One of the most commonly used forms is Form I-797, which is used to provide notice of action taken on a case. This form may be used to notify you of approval, rejection, transfer, or even reopening of a case.

In addition to Form I-797, there are many other USCIS forms that may be required depending on your specific situation. Some of the most common forms include:

• Form I-129: This form is used for nonimmigrant workers, including H-1B and L-1 visa holders.
• Form I-130: This form is used for family-based immigration petitions.
• Form I-485: This form is used to apply for adjustment of status to become a permanent resident.
• Form I-765: This form is used to apply for employment authorization.
• Form I-864: This form is used to demonstrate financial support for an immigrant visa applicant.

It’s important to note that each form has its own specific requirements and instructions, so it’s essential to carefully review the instructions for each form before completing and submitting it. Additionally, some forms may require supporting documentation or evidence to be submitted along with the form.

If you’re unsure which forms are required for your specific situation, it may be helpful to consult with an immigration attorney or accredited representative. They can provide guidance and assistance in completing and submitting the necessary forms and supporting documentation.

Overall, understanding the various USCIS forms and their requirements is an important part of navigating the immigration process. By carefully reviewing the instructions and seeking guidance when needed, you can help ensure that your case is processed accurately and efficiently.

Form I-797 and Department of Homeland Security

When you file an application or petition with the United States Citizenship and Immigration Services (USCIS), you will receive a Form I-797, Notice of Action, as a receipt of your application or petition. This form is an important document that serves as proof of your application or petition submission and payment.

The Department of Homeland Security (DHS) is the agency responsible for the USCIS. DHS is responsible for ensuring the security of the United States and its citizens, preventing terrorism and managing the immigration process. USCIS is one of the agencies under DHS that is responsible for processing immigration-related petitions and applications.

The Form I-797 is issued by USCIS, which is a component of DHS. The form is used for various purposes, including notifying applicants of receipt of their applications, providing approval notices for petitions, and requesting additional evidence or information.

The Form I-797 contains important information, such as the receipt number, which is used to track the status of your application or petition. The receipt number is also used to schedule appointments, such as biometric appointments or interviews.

If you receive a Form I-797 requesting additional evidence or information, it is important to respond promptly and provide the requested information. Failure to respond or provide the requested information may result in your application or petition being denied.

In summary, the Form I-797 is an important document issued by USCIS, which is a component of DHS. The form serves as proof of your application or petition submission and payment, and contains important information such as the receipt number. It is important to respond promptly to any requests for additional evidence or information included in the Form I-797 to avoid any delays or denials in the processing of your application or petition.

Frequently Asked Questions

What is the purpose of uscis form i-797.

USCIS Form I-797, also known as the Notice of Action, is a document issued by the United States Citizenship and Immigration Services (USCIS) to communicate with individuals about the status of their immigration case. The form is used to notify applicants of receipt of their application, acceptance of their case, transfer of their case to another USCIS office, request for additional evidence, or approval of their application.

How long does it take to receive Form I-797?

The processing time for Form I-797 varies depending on the type of form and the USCIS office processing the application. Generally, it takes about 2-3 weeks to receive the form after the USCIS receives the application. However, the processing time can be longer if additional evidence is requested or if the application is transferred to another USCIS office.

What are the different types of Form I-797?

There are several different types of Form I-797, including:

• I-797C, Notice of Action: This form is used to confirm receipt of an application, transfer of a case, or request for additional evidence.
• I-797E, Notice of Action: This form is used to approve an application for an employment authorization document (EAD).
• I-797F, Transportation Letter: This form is used to allow an applicant to travel outside the United States while their green card application is pending.
• I-797H, Notice of Approval: This form is used to approve an application for a change of status.
• I-797L, Approval Notice: This form is used to approve an application for a nonimmigrant visa.

Can I travel with a Form I-797 notice of action?

It depends on the type of Form I-797 you have received. If you have received an I-797F Transportation Letter, you can use it to travel outside the United States while your green card application is pending. However, if you have received any other type of I-797, it is not a travel document and cannot be used for international travel.

What is the processing time for Form I-797C after biometrics?

The processing time for Form I-797C after biometrics varies depending on the type of application and the USCIS office processing the application. Generally, it takes about 2-4 weeks to receive the form after the biometrics appointment.

How do I obtain a copy of my Form I-797 approval notice?

To obtain a copy of your Form I-797 approval notice, you can request it from USCIS by filing Form G-639, Freedom of Information/Privacy Act Request. You can also request a copy of the form by calling the USCIS Contact Center at 1-800-375-5283.

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Immigration Lawyer Chicago / Immigration Forms for U.S. Citizenship, Naturalization, and Admission / What Your Form I-797 Notice of Action Letter Means

What Your Form I-797 Notice of Action Letter Means

Who can use form i-797.

• Everyone! It’s not a form you fill out but a letter USCIS sends with updates on your immigration case.

Application Overview

• Processing Time : Varies depending on the type of update (receipt, approval, request for evidence). Usually, it takes 2-3 weeks for initial receipt.
• Deadline: No need to respond, but follow instructions if requested (like sending evidence).

Any message you receive from United States Citizenship and Immigration Services (USCIS) will be labeled as a Form I-797 . Form I-797 plays a variety of roles, meaning that there are different types of the I-797 form. Whenever USCIS sends you a message, make sure you keep the Form I-797 in a safe and secure place, as this is how USCIS communicates with you.

What Is Form I-797?

USCIS Form I-797 is a form sent to communicate a message to you. You may also hear the form referred to as a Form I-797 Notice of Action. Because a Form I-797 is sent whenever USCIS communicates with you, there are several different versions of the form for different kinds of communication:

Form I-797, Notice of Action for Receipt or Approval

From i-797a, notice of action for replacement of i-94.

• Form I-797B, Notice of Action for Noncitizen Worker Petition

Form I-797C, Notice of Action for Various Receipts and Calls to Action

Form i-797d, accompanies benefit cards, form i-797e, notice of action to request evidence.

• Form I-797F, Transportation Letter for Overseas Travel

It is extremely important to review every document you are given by USCIS. The forms often provide instructions on the next steps you will need to take in your immigration process. If you must give additional information, USCIS will also state this in Form I-797.

What Is a Notice of Action Letter and Do I Fill it Out?

Take note that even though the name says “form,” you do not actually fill anything out. A Form I-797 Notice of Action is simply that—a notice of action that USCIS takes to inform you about decisions made in your immigration case(s).

I-797 Notice of Action Address Change

If you ever move, make sure you inform USCIS of your new mailing address as soon as possible. Because of the instructions given in Form I-797, it’s imperative to get the forms as soon as USCIS sends them. Always update your mailing address so you can stay on top of each step in your immigration process.

To alert USCIS of your address change, you will submit Form AR-11 to USCIS itself. Or, if you have a USCIS online account, you can update you address manually online.

Form I-797 Notice of Action Priority Date

Your priority date is the date on which USCIS received your application. This is one of the most crucial dates to remember, so prioritize this document and the date itself.

You will use your priority date to see where you land on the U.S. Department of State’s Visa Bulletin . When your final action date matches your priority date, you are of current standing and are allowed to pursue next steps, such as adjusting your status or starting consular processing .

When Do I Get My I-797 Notice of Action?

It usually takes two to three weeks to receive your Form I-797 after you submit your application.

Types of Form I-797s

Form I-797 is the simplest of the various I-797 forms. When your Form I-797 does not have a letter attached, this is your most basic notice of action letter, also known as your “I-797 approval notice green card” or simply your I-797 approval notice for your individual visa .

Your Form I-797 is what you receive when USCIS approves an application or petition.

What Happens After I-797 Approval Notice?

Keep your Form I-797 Notice of Action as proof that USCIS approved your application or petition. As your application or petition receipt, Form I-797 is an important document that you can use later as proof for immigration benefits or as evidence should a legal case occur.

Form I-94 is your arrival/departure record that is used whenever you are entering or exiting the United States. The form also shows your visa’s expiration date. USCIS will send you Form I-797A as a replacement Form I-94. This is usually because you have changed your address. This form is proof that your presence in the United States is legal up-to-the-date located on the bottom of Form I-797A.

Form I-797B, Notice of Action for Noncitizen Worker Petition

If you are a noncitizen wishing to work in the United States and have filed your petition, you will be issued a Form I-797B. Form I-797B states your approval for your worker petition.

Note that your Form I-797B does not include a Form I-94. You may have to return home if you want an extension on your work visa . Your Form I-94 not being included with your I-797B form is particularly important if you are approved to work in the U.S. when you are, in fact, already working there.

You also need to make sure your extension of stay is approved. Speak with your immigration attorney and review all information in your I-797B form to make sure you understand your work approval.

Form I-797C Notice of Action is sent to you from USCIS to inform you of an application/petition, including notice of:

• An interview appointment
• A biometrics appointment
• A rescheduling appointment
• A re-opened case
• A rejection

Your I-797C Notice of Action letter will have a receipt number that you use to check your case status. No matter what the reason for your Form I-797C Notice of Action, the letter itself proves that you have sent in your application or petition.

Remember, this is not approval; it is merely a receipt and call to action. USCIS may send you this to show they accept your application , not to say they have approved your application.

Appointment notices will be sent when any type of appointment is required to move on to the next steps in your application process. This Form I-797C Notice of Action letter tells you when to go to your appointments.

Receipt notices confirm that USCIS received your application or petition and your filing fees. It includes your receipt number. Hold on tight to this to track your case.

A transfer notice may be sent to you in the form of Form I-797C if your case was given to another office because of processing times.

Re- open ed cases happen when USCIS re-opens a previously-denied case. You will be informed that your case is being re-opened and is being processed.

If you receive an I-797C Notice of Action letter for a rejection notice , then USCIS did not accept your application or petition because of:

• Incomplete information
• Incorrect information
• Incorrect payment

That is why it is beneficial to have an immigration attorney help you and review your application or petition. If any information is missing or wrong, USCIS will reject your application.

Unfortunately, many people are rejected for not signing at the end of their application. A second set of eyes from an experienced attorney can help you in your immigration application process.

What Is the Next Step After Receiving I-797C?

Carefully read your Form I-797C Notice of Action. Depending on which notice of action USCIS sends you, you must follow the instructions in your notice of action letter. It will be beneficial to talk with your immigration attorney about what your instructions mean if you are at all confused about your specific I-797C Notice of Action.

This version of Form I-797 is not a notice of action. Rather, it is a letter that comes with benefits. When you are given your permanent resident card or work permit, you will also receive a Form I-797D. The form will outline the benefits that come with the card you are receiving.

Form I-797E is also known as a Request for Evidence (RFE). USCIS may need you to send in additional documents or supporting evidence for your application or petition.

USCIS will let you know what they need from you in the Form I-797E Notice of Action letter. You must submit the requested and required evidence as soon as possible. If you do not, you risk a delay, at best, or even a denial.

Getting an RFE can be avoided by having your immigration attorney review your application or petition. It’s important to submit all necessary documents to USCIS, and is best to do so the first time around.

However, if you do receive an RFE, working with your attorney is also good to make sure the documents you need to submit are filled out correctly and in full. It can be easy to submit the wrong or incomplete documents, or even miss evidence altogether. Avoid doing so by working with an experienced immigration attorney.

Form I-7997F, Transportation Letter for Overseas Travel

If you are applying or petitioning from a country outside of the United States, you will be issued Form I-797F. Similar to Form I-797D, Form I-797F is not a notice of action. The form is a letter that allows you to travel overseas to the United States.

Usually, green card holders (lawful permanent residents) are issued Form I-797F if they have had their green card:

Can I Travel With I-797 Notice of Action?

Yes, your I-797F allows you to travel to the U.S. if you are overseas. USCIS will send the form to your overseas address so that you may travel (back) to the United States.

I-797F recipients are usually lawful permanent residents who have traveled outside of the U.S. and have had their physical green card compromised (lost, stolen, mutilated) while abroad. You can file  Form I-131A  to apply for a travel document.

Contact an Immigration Attorney Today

The experienced attorneys at Scott D. Pollock & Associates P.C. can help you at any point on your immigration journey. If you have questions—like what is a notice of action letter, what is F orm I-797C and what does it mean, or what does my notice of action letter mean— come talk to us!

We understand the importance of communicating with USCIS and want your immigration journey to proceed as smoothly as possible. Contact us at 312.444.1940 or fill out an online contact form today. We look forward to working with you!

Do you need your case evaluated?

We're looking forward to hearing from you!

Visa, I-94, I-797 and Status—What Do They Mean?

Nonimmigrants (individuals who enter the U.S. on a temporary basis) frequently use the term visa to refer to everything from their immigration status to their immigration documents. However, using the term visa interchangeably with the Form I-94 and the Form I-797, or to refer to one’s immigration status, is incorrect. While the combination of these documents is often critical to establishing a nonimmigrant’s lawful stay in the U.S., they each work independently and serve a different purpose in the immigration process. Understanding the different role that each document plays is critical to ensure that the nonimmigrant maintains a clean immigration record, free of violations, at all times.

Immigration Status

Have you ever been questioned about your immigration status and were not sure how to respond? Immigration status in the nonimmigrant context generally refers to the lawful immigration category or classification by which a nonimmigrant last entered the U.S. (e.g., L-1A or E-2, etc.). Sometimes, people may enter the U.S. in one category and apply to change to a different category with the U.S. Citizenship and Immigration Services (USCIS). For example, someone may enter as an F-1 student, and change to an H-1B worker. There are more than 20 nonimmigrant visa categories. Each category has specific requirements and limits, including limits on the length of stay in the U.S. The period of stay varies for different nonimmigrant classifications. A nonimmigrant’s immigration status remains valid in the U.S. as long as the individual has an unexpired Form I-94 (explained below), and has not violated the terms and conditions of his or her stay in the U.S. It is the responsibility of the nonimmigrant to ensure that he or she is maintaining lawful immigration status at all times. Failure to maintain valid immigration status can have severe negative consequences.

A citizen of a foreign country who seeks to enter the U.S. must first obtain a U.S. visa, which is a stamp that is placed in the nonimmigrant’s passport. [1]   A U.S. visa allows nonimmigrants to seek entry to the U.S. at a port of entry, airport, or land border crossing. The U.S. Customs and Border Protection (CBP) is responsible for determining whether the nonimmigrant should be admitted and how long the nonimmigrant can remain in the U.S. A visa does not guarantee entry into the U.S. However, it does indicate that a consular officer at a U.S. Embassy or Consulate abroad has determined that the nonimmigrant is eligible to seek entry for a specific purpose. Visas are valid from the date of issuance until the date of expiration, and a nonimmigrant can travel to the U.S. within the validity period of the visa. However, one very important point to note is that the visa stamp does not indicate how long the traveler can remain in the U.S.

People often call our office panicked because their U.S. visa is due to expire or has expired. An expired visa does not affect a nonimmigrant’s status in the U.S. It is merely a travel document. As explained below, the Form I-94 controls the nonimmigrant’s stay in the U.S. after a lawful admission. The CBP will note the authorized period of stay on the Form I-94 and nonimmigrants can remain in the U.S. during their authorized period of stay, even if their visa expires during the time they are in the U.S. As a result, the expiration of the visa stamp only impacts the ability of the nonimmigrant to return to the U.S. after international travel. If a nonimmigrant’s visa has expired during his or her stay in the U.S., during the individual’s next international trip, the nonimmigrant must seek and obtain a new visa in order to return to the U.S.

 A common question that arises for those who have a valid visa in an expiring passport is whether the visa continues to remain valid once a new passport is issued. If the visa is still valid, the traveler can travel to the U.S. with two passports as long as both passports are from the same country. In this scenario, the traveler would present both passports to the CBP – the old passport containing the unexpired visa, and the new passport confirming the individual’s identity.

Below are sample U.S. visas published by the U.S. Department of State (DOS) and the CBP which provide explanations regarding the various fields and annotations on the visa. After an applicant is issued a new visa, it is important to review the information printed on the visa to ensure that it is correct. If any information is incorrect, the applicant should contact the consulate immediately to seek a correction.

The Form I-94, Arrival/Departure Record, is electronically issued to nonimmigrants who are admitted to the U.S. by the CBP, regardless of whether the individual entered with a visa or without a visa under the VWP/ESTA. After each international trip, nonimmigrants should download a copy of the Form I-94 from the CBP’s website ( link ) and confirm the accuracy of the information. If any information is incorrect, the individual should immediately seek correction of the Form I-94.

The Form I-94 controls the stay of individuals in the U.S. (not the visa) and must be unexpired in order to remain in valid status. Nonimmigrants must exit the U.S. on or before the expiration date listed on their Form I-94, or apply to extend or change status with the USCIS prior to that date in order to remain in valid status. Once the Form I-94 has expired, the individual is deemed out of status, which is a violation of immigration law and can lead to removal/deportation or denial of future admission to the U.S.

For H-1 and traditional L-1 nonimmigrants, their period of authorized stay or I-94 expiration date should be consistent with the validity of their Form I-797 regardless of the validity of their visa. An E visa holder will receive a two-year stay each time he or she enters the U.S., regardless of the validity of the visa. An L-1 Blanket visa holder will most likely be admitted until the Petition Expiration Date (PED) on his or her visa. Please note that in some cases, the authorized stay of a traveler may be shortened to the passport expiration date if it is expiring within six months of admission.

Nonimmigrants also need the I-94 to apply for government benefits that require them to demonstrate lawful immigration status in the U.S., such as a Social Security Number or a driver’s license.

Below is a sample I-94 published by the CBP and a link to instructions on how to access and print an I-94 https://i94.cbp.dhs.gov/I94/I94-EN.pdf .

Form I-797, Approval Notice

For those individuals who are changing or extending their status in the U.S., the Form I-94 will be issued with the Form I-797, Approval Notice, by the USCIS. [2]

The top portion of the Form I-797 contains the name of the employer and nonimmigrant, the nonimmigrant  category, and the validity date of the approval notice. The bottom portion of the Form I-797 contains the I-94 which must be detached and attached to the beneficiary’s passport. The original Form I-797, Approval Notice, must be maintained with the individual’s passport and shown to the CBP upon reentry to the U.S.

There is a common misconception that upon issuance of the USCIS-issued I-94, the CBP’s I-94 retrieval system will automatically update with the nonimmigrant’s new I-94 information. Please note that the USCIS-issued I-94 will NOT update nor appear on the CBP’s I-94 retrieval website as the two systems are not connected.

The USCIS-issued I-94 will become obsolete once the individual travels internationally and is issued a new electronic I-94 by the CBP. Thereafter, the individual’s authorized period of stay will be governed by the CBP-issued I-94 or the Form I-797, whichever expires earlier.

In certain cases, there is a 10-day grace period allowance on the I-94 that is attached to the bottom of the Form I-797. This grace period does not allow employment. Rather, it is intended to provide a reasonable amount of time for individuals to prepare to depart the U.S. or take other action to extend, change, or otherwise maintain lawful status.

Below is a sample Form I-797 with a Form I-94 attached at the bottom.

In summary, a U.S. visa is a travel document, an I-94 controls the nonimmigrant’s period of stay in the U.S., and the Form I-797 will contain a new I-94 if an extension or change of status is sought in the U.S. While complex, understanding the interrelationships between these documents is key for all nonimmigrants to maintain lawful stay in the U.S.

[1] Most Canadian nationals are visa exempt and certain international travelers may be eligible to travel to the U.S. without a visa if they meet the requirements for Electronic System for Travel Authorization (ESTA) travel under the Visa Waiver Program (VWP). See link for more information on the VWP.

[2] The Form I-797 is also issued in petition-based visa categories to individuals who are residing overseas. The Form I-797 issued to an individual residing overseas does not contain an I-94. The nonimmigrant would present the Form I-797 to a U.S. Embassy or Consulate to apply for a U.S. visa in the corresponding visa classification.

©2024 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. This publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended solely for informational purposes and you should not act or rely upon information contained herein without consulting a lawyer for advice. This publication may constitute Advertising Material.

Southwest passengers now get a $75 voucher for big flight disruptions

Customers who are delayed for more than three hours can fill out a form online to request the voucher.

Southwest Airlines has launched a new compensation fund for inconvenienced fliers, offering $75 vouchers to passengers whose flights are significantly delayed or canceled for a reason within the airline’s control.

The compensation fund is part of the airline’s $140 million settlement with the Transportation Department, following Southwest’s operational meltdown in December 2022. A mix of winter weather, holiday travel and failing Southwest scheduling systems resulted in nearly 17,000 canceled or significantly delayed flights, affecting 2 million passengers. Southwest agreed to pay the government $35 million and create a $90 million voucher fund for future fliers impacted by operational errors, on top of the $600 million it paid out in refunds and reimbursements to customers impacted by the holiday debacle.

While the original agreement terms slated the voucher program to start Tuesday, Southwest rolled out the fund April 16. Any passenger who arrives at their final destination three or more hours after the scheduled arrival time for domestic flights or six hours for international flights can request a $75 voucher. The money is available only for fliers facing snafus within Southwest’s control, such as a mechanical issue or swapping planes.

To receive the money, customers can fill out a form online . The request must be submitted within one year from the delayed or canceled flight. Southwest should get back to customers within 30 days, according to Southwest spokeswoman Laura Swift. The compensation fund is expected to run for three years.

Last week, the Biden administration announced new rules for airlines to strengthen passenger protection and increase transparency in the industry. Under the new regulations, airlines are required to streamline the refund process for canceled flights and abandon hidden fees by disclosing the price of surcharges for luggage and changes to reservations upfront.

While announcing those rules, Transportation Secretary Pete Buttigieg also mentioned Southwest’s vouchers as a customer service measure that could influence other airlines.

“This is the month when those vouchers as part of the Southwest settlement kick in, and Southwest will now, because we are making them, really lead the market on that,” Buttigieg said. “It’ll be very interesting to see what other airlines respond — not as punishment, but by way of competition.”

In a statement Tuesday, DOT officials said they will be “closely monitoring” Southwest’s program, requiring the airline to submit an annual report documenting the voucher expenditures over the next three years.

Hannah Sampson contributed to this report.

More travel news

How we travel now: More people are taking booze-free trips — and airlines and hotels are taking note. Some couples are ditching the traditional honeymoon for a “buddymoon” with their pals. Interested? Here are the best tools for making a group trip work.

Bad behavior: Entitled tourists are running amok, defacing the Colosseum , getting rowdy in Bali and messing with wild animals in national parks. Some destinations are fighting back with public awareness campaigns — or just by telling out-of-control visitors to stay away .

Safety concerns: A door blew off an Alaska Airlines Boeing 737 Max 9 jet, leaving passengers traumatized — but without serious injuries. The ordeal led to widespread flight cancellations after the jet was grounded, and some travelers have taken steps to avoid the plane in the future. The incident has also sparked a fresh discussion about whether it’s safe to fly with a baby on your lap .

Buckeyes Travel to England May 6-16

4/29/2024 6:06:00 PM | Men's Soccer

Ohio State will train and compete overseas

COLUMBUS, Ohio – The Ohio State Men's Soccer team will take a trip to England May 6-16 to attend several professional matches, play three exhibition games and training.

The Buckeyes arrive at London Heathrow Airport May 7 and will head to a tour of City Ground Stadium, home of Nottingham Forest F.C. The team will then take part in a welcome dinner.

After a day of training May 8 at Nottingham Forest FC Academy, the Buckeyes will take part in a surprise team activity followed by dinner at the Nottingham City Centre.

Ohio State will play its first match of the trip May 9 against Leicester City U21 at Leicester City FC Training Ground before a dinner in Nottingham.  

The team will have a light training session May 10 before attending the Manchester City vs. Leeds United FA Youth Cup Final at Etihad Stadium in Manchester, England.

Ohio State's second match of the trip will be against Everton U21 at Finch Farm (Everton FC Training Ground) May 11 before attending the Everton vs. Sheffield United match at Goodison Park in Liverpool, England.

On May 12, Ohio State's travel party will have free time in Manchester with the opportunity to tour the National Football Museum. The Buckeyes will then attend the Manchester United vs. Arsenal match at Old Trafford Stadium in Stretford, England.

The team departs Manchester May 13 before a training session with Wolverhampton Wanderers U21s at the Sir Jack Hayward Training Ground in Wolverhampton. The Buckeyes will then travel to London.

Ohio State plays a third match May 14 against the Brentford B Team at Wheatsheaf Park (Brentford B Stadium) in Staines-upon-Thames, England. Later that day, the travel party will attend the Tottenham Hotspur vs. Manchester City match at Tottenham Hotspur Stadium in North London.

As the trip winds down, the Buckeyes will have time for sightseeing with free time in London May 15 before returning to Columbus May 16.

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Bonza has entered voluntary administration. What's happening with the flight cancellations across Australia?

Many Australians have been left stranded at airports across the country after budget airline Bonza "temporarily" suspended all flights on Tuesday.

The company entered voluntary administration within hours of the cancellations, and the administrators have since confirmed the fleet will remain grounded until Thursday, May 2.

Here's what we know so far.

First up, what is Bonza?

Bonza Aviation was set up as a budget regional airline and its first flight took off in January 2023.

The airline aimed to target the regional routes that weren't serviced by the larger carriers like Virgin , Qantas or, more recently,  Rex Airlines . 

For example, with Bonza you were able to fly from the Sunshine Coast to Mildura without having to stop in a capital city.

The Transport Workers' Union said there were roughly 150 Bonza workers between the Sunshine Coast and Melbourne.

Who owns Bonza?

The airline was the brainchild of  Tim Jordan, who held senior commercial roles with Virgin Australia . He was the chief executive of Bonza.

Back in 2023, Mr Jordan he said the airline would lead to cheaper  ticket prices  due to greater competition.

"I think in any industry anywhere in the world, additional competition is positive for downward pressure," he said at the time.

The airline has the backing of a US investment firm called 777 Partners .

Based in Miami, the firm describes itself as "investment platform that helps bold entrepreneurs transform visions into enduring value".

Among other things the firm owns an "ultra-low cost" airline in Canada called Flair Airlines and a minority stake in the Melbourne Victory A-League team.

What's happening with the Bonza flight cancellations? 

Customers arrived at airports across Australia to learn their flights had been cancelled. 

Mr Jordan released a two-line statement just after 8am saying all services would be temporarily halted:

"Bonza has temporarily suspended services due to be operated today (Tuesday 30th April), as discussions are currently underway regarding the ongoing viability of the business. "We apologise to our customers who are impacted by this and we’re working as quickly as possible to determine a way forward that ensures there is ongoing competition in the Australian domestic aviation market."

Basically, Mr Jordan said he was in talks about whether the business can continue.

But within hours a notice was filed to the Australian Securities and Investments Commission (ASIC) stating that the company had entered voluntary administration.

This means there is an opportunity for the director or a third party to rescue Bonza, or for the company to be restructured.

The airline is yet to provide any update, but administrators Hall Chadwick released a statement late on Tuesday afternoon saying that it is : "currently considering the continued trading of the company's operations during the course of the administration period including the continuation of employment of all employees of the company".

"The company's fleet is currently grounded pending discussions with relevant parties and key stakeholders," the statement reads.

"The grounding of the fleet is currently up to and including Thursday 2 May 2024, and customers with bookings during this period are advised not to travel to the airport."

Have the cancellations come out of nowhere?

It's not the first time the airline has cancelled flights. Roughly 1,600 customers were left in the lurch when its Darwin-Gold Coast flights were cancelled in December .

That cancellation was extended to March this year , flights were cancelled out of  Mount Isa  and the airline has been facing ongoing questions about  the timeliness of its arrivals .

Aviation expert Keith Tonkin said analysts felt it was difficult for the airline to make a profit.

He says that's because routes it took "had relatively thin margins" — but he says it's not impossible to break into a market dominated by Qantas and Virgin Airlines.

"Where there's a will there is a way," Mr Tonkin says.

"But Bonza's model has seemingly proven to be difficult to sustain."

Aviation analyst Geoffrey Thomas, the editor-in-chief of the website Airline Ratings, said he understood the airline's backers, 777 partners, had made changes to the leasing and financing of its aircraft.

He said the budget carrier may have been caught off guard.

777 Partners has been contacted for comment.

"I think that the problem of Bonza is overseas, with leasing companies, and not the local management, not the business model," Mr Thomas said.

Has the government said anything?

Federal Transport Minister Catherine King says she's looking into it. She says she's spoken to the chief executives of Qantas and Virgin.

"Both airlines stand ready to assist stranded passengers needing to get home," Ms King says.

The Transport Department has established a hotline for stranded passengers –  1800 069 244 – that will be operating until 10pm on Monday. 

Ms King says she expects Bonza to deal with its customers in a transparent fashion.

"My department has reached out to Bonza and our expectation is that they keep passengers informed of their options and their consumer rights," she says.

Can I get a refund from Bonza?

Affected customers received text messages on Tuesday directing them to fill in an online form, which states:

"We will be issuing you a refund for this flight and, if you no longer wish to travel on them, any other flights on the same booking reference as this cancelled flight. "To allow us to process your refund as quickly as we can, please fill in the details below within the next 24 hours and note the form may close for responses after that time. "Once you have completed the form, you can expect the refund to appear in your account within 21 days. The refund will be paid to the payment method you used at the time of making the booking. "Sorry again for the inconvenience and we hope to welcome you onboard a Bonza flight in the future."

Customers whose flights have been cancelled in the past say they have had difficulty getting refunds from Bonza.

But the Australian Competition and Consumer Commission (ACCC) has protections in place for airline customers.

According to the ACCC, a travel service provider  must give the option of a refund if it can't provide a replacement service for a cancelled flight in a reasonable amount of time.

If you booked a now-cancelled Bonza flight using a credit or debit card online, you may be able to have that transaction reversed through your bank or financial institution, but it's unlikely to be a speedy process.

The Transport Department's hotline is focusing on helping stranded Bonza customers book Qantas, Virgin, or Jetstar flights.

The airlines have offered passengers stranded mid-journey on Tuesday complimentary seats, where available, on flights to the airport nearest to their final planned Bonza destination.

Bonza has not responded to requests for comment.

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I-129, Petition for a Nonimmigrant Worker

ALERT: At intake, we determine whether the payment you submitted matches the correct fees due. If you do not submit the correct fee, we must reject your form, even if you have submitted an overpayment. 

The required fees for Form I-129, Form I-129CW, and Form I-140 depend on how you answer the form’s questions about your status as a nonprofit or small employer. See our Web Alert for more information: USCIS Reminds Certain Employment-Based Petitioners to Submit the Correct Required Fees.

You can find additional filing fee information by visiting our Filing Fees page, our G-1055, Fee Schedule , and our Frequently Asked Questions on the USCIS Fee Rule page. 

ALERT:  As of April 1, 2024, USCIS service centers are no longer accepting Form I-129 petitions requesting H-1B or H-1B1 (HSC) classification.

We will reject H-1B or H-1B1 (HSC) petitions received at a USCIS service center on or after April 1, 2024. There will be  no grace period  provided.

As of April 1, 2024, all paper-filed Form I-129 petitions requesting H-1 or H-1B1 (HSC) classification, including those with a concurrent Form I-907, Request for Premium Processing Service, and those with concurrently filed Form I-539 and/or Form I-765, must be filed at a USCIS lockbox facility. You can find the lockbox filing addresses for paper-filed forms on our  Form I-129 Direct Filing Addresses  page.

If you are filing Form I-129 alone or with Form I-907, you may also file online. On March 25, USCIS launched online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS began accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.  To file online, visit myaccount.uscis.gov .

In addition, on Feb. 28, 2024, USCIS launched new  USCIS organizational accounts  that allow multiple people within a company and their legal representatives to collaborate and prepare H-1B registrations, online H-1B petitions, and associated online requests for premium processing.

ALERT:  On Jan. 31, 2024, we published a  final rule in the Federal Register that adjusts the fees required for most immigration applications and petitions. The new fees will be effective April 1, 2024.  

Applications and petitions postmarked on or after April 1, 2024, must include the new fees or we will not accept them. 

There will be no grace period for filing the new version of Form I-129, Petition for a Nonimmigrant Worker, because it must be revised with a new fee calculation. 

What to Know About Sending Us Your Form I-129

Please keep in mind the following information about Form I-129 editions:

• We will accept the 05/31/23 edition of this form if it is postmarked before April 1, 2024;
• We will not accept the 05/31/23 edition of this form if it is postmarked on or after April 1, 2024; and
• We will only accept the 04/01/24 edition of this form if it is postmarked on or after April 1, 2024. 

Dates are listed in mm/dd/yy format.

ALERT:  If you are an H-1B or an L-1 nonimmigrant and your dependent spouse or child is applying for an extension of their existing H-4 or L-2 status, or a change of status to H-4 or L-2, we will adjudicate your dependent spouse or child’s application together with your Form I-129 if the Form I-539 is packaged together with and properly filed at the same time and in the same location as your Form I-129. This means that an officer will review the H-4 or L-2 derivative’s Form I-539 after reviewing the principal’s Form I-129 and will take appropriate adjudicative action (that is, issue an approval, denial, RFE, NOID or refer for an investigation) after that adjudicative review. This includes a Form I-765 filed by your dependent spouse for an employment authorization document based on H-4 or L-2 status, as applicable. If your dependent’s associated applications are not properly submitted together with your I-129, we will adjudicate them separately.

Petitioners use this form to file on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for a noncitizen.

File Online  

Forms and Document Downloads

Form I-129 (PDF, 2.07 MB)

Instructions for Form I-129 (PDF, 549.11 KB)

Optional Checklist for Form I-129 H-1B Filings (PDF, 273.56 KB)

Optional Checklist for Form I-129 H-2A Filings (PDF, 271.5 KB)

Optional Checklist for Form I-129 H-2B Filings (PDF, 268.73 KB)

Optional Checklist for Form I-129 R-1 Filings (Religious Workers) (PDF, 380.52 KB)

Dictionary of Occupational Titles (DOT) Codes (PDF, 123.74 KB)

Form Details

04/01/24 . Starting April 1, 2024, we will accept only the 04/01/24 edition. There will be no grace period for filing the new version of Form I-129 because it must be revised with a new fee calculation. We will accept the 05/31/23 edition of this form if it is postmarked before April 1, 2024; We will not accept the 05/31/23 edition of this form if it is postmarked on or after April 1, 2024; and We will accept only the 04/01/24 edition of this form if it is postmarked on or after April 1, 2024. You can find the edition date at the bottom of the page on the form and instructions.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions . 

See our  Direct Filing Addresses for Form I-129, Petition for Nonimmigrant Worker  page.

You can find the filing fee for Form I-129 by visiting our Fee Schedule page.  

The fee is effective for filings postmarked April 1, 2024, and later.

You can pay the fee with a money order, personal check, cashier’s check, or  pay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions . If you pay by check, you must make it payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. If you pay by credit card or debit card, you cannot later dispute the payment.

If you are submitting multiple forms, pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.

View the  checklist  of required initial evidence.

Complete  all sections  of the form.

Filing Tips:  Review our  Tips for Filing Forms by Mail  page for information on how to ensure we will accept your form.

Don’t forget to sign your form. We will reject any unsigned form.

Extension of Stay Requests for Beneficiaries Who Entered the United States Based on an Approved Blanket L Petition

All petitioners requesting an extension of stay for a beneficiary who entered the United States based on an approved blanket L petition must file the following:

• Form I-129, Petition for a Nonimmigrant Worker;
• Form I-129S, Nonimmigrant Petition Based on Blanket L Petition; and
• A copy of their previously approved Form I-129S.

We may reject any Form I-129 for an L-1 blanket extension of stay request that does not also include Form I-129S.

Change of Status Requests for Beneficiaries Who are in the United States Based on an Approved Blanket L Petition

All petitioners requesting a change of status to L-1 based on an approved blanket L petition for a beneficiary who is currently in the United States must file the following:

• Form I-129, Petition for a Nonimmigrant Worker; and
• Form I-129S, Nonimmigrant Petition Based on Blanket L Petition.

We may reject any Form I-129 for an L-1 blanket change of status request that does not also include Form I-129S.

Evidence of Petition Approval Needed When Traveling

Along with a valid passport and visa (if applicable), the noncitizen beneficiary should carry the following documents when traveling to the United States:

• Form I-797, Notice of Action, stating we approved the petition; or
• A copy of the approved Form I-129S (if applicable).

The beneficiary should present this documentation to U.S. Customs and Border Protection when seeking entry or re-entry into the United States in the approved Form I-129 employment classification.

Evidence of a petition approval is not a visa, and the beneficiary must possess the appropriate nonimmigrant visa (if one is required) before applying for admission into the United States.

Form I-94 Validity

When the beneficiary with an approved Form I-129 is admitted to the United States, U.S. Customs and Border Protection grants the beneficiary a period of stay documented on Form I-94, Arrival/Departure Record, or as noted in the passport or travel document.

If the expiration date on Form I-94 ends before the end of Form I-129's validity period (as shown on Form I-797, Notice of Action) one of the following must occur before the expiration date on Form I-94 or as noted in the passport or travel document:

• A petitioner must file a request for an extension of stay on behalf of the beneficiary using Form I-129;
• The beneficiary must file an application for some other immigration benefit that would allow them to remain in the United States; or
• The beneficiary must depart the United States.

If the nonimmigrant worker’s stay is limited as described above, any dependent family members who accompanied or followed to join the beneficiary must also:

• Timely request an extension of stay using Form I-539;
• Timely apply for some other immigration benefit that would allow the family member to remain in the United States; or
• Depart the United States before the expiration date on the family member’s Form I-94 or the date noted in the family member’s passport or travel document.

Part 6 - Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States

Petitioners must complete Part 6 of Form I-129 if they are seeking to classify a nonimmigrant worker as H-1B, H-1B1 Chile/Singapore, L-1, and O-1A. Part 6 is not required for petitions for all other classifications, including but not limited to blanket L petitions (LZ).  See Part 6 of Form I-129: Frequently Asked Questions  for more information.

Troubled Asset Relief Program

Employers who received funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (“covered funding”) are no longer required to answer question 1d in Part A of the H-1B Data Collection and Filing Fee Exemption Supplement.

For Residence in the Commonwealth of the Northern Mariana Islands (CNMI)

You must follow additional guidance if you are requesting an initial grant of nonimmigrant status in the CNMI. For more information, please visit our  Grants of Status  page.

When completing Form I-129, please list your CNMI P.O. Box when asked for a street or physical address. File your petitions for employment or services in the CNMI, regardless of classification, with the Texas Service Center.

U.S. Postal Service (USPS):

USCIS Texas Service Center Attn: I-129 CNMI 6046 N Belt Line Rd. STE 129 Irving, TX 75038-0013

FedEx, UPS, and DHL deliveries:

USCIS Texas Service Center Attn: I-129 CNMI 6046 N Belt Line Rd. STE 129 Irving, TX 75038-0001

• Temporary (Nonimmigrant) Workers - General Information
• H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker
• VIBE Program

Forms Information

• Part 6 of Form I-129: Frequently Asked Questions
• I-907, Request for Premium Processing Service

H-1B and L-1 Information

• H-1B Cap Season
• Filing Multiple L-1 Intracompany Transferee Petitions Related to the Same Project

More Information

• Immigrant Visa Petitions Returned by the State Department Consular Offices
• Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)
• CNMI: Grants of Status