Form I-797C, Notice of Action, plays a critical role in helping employers and employees comply with Form I-9 requirements when using the 540-day automatic extension of Employment Authorization Document (EAD) validity under the new 2025 rule. This guide explains what Form I-797C is, its relationship to Form I-9, and what employers and employees need to know to ensure smooth compliance.
What Is Form I-797C?
Form I-797C is an official notice issued by U.S. Citizenship and Immigration Services (USCIS) to acknowledge the receipt of an application or petition. When it comes to EAD renewals, Form I-797C:
Confirms that the employee has filed a timely Form I-765, Application for Employment Authorization.
Specifies the eligibility for automatic extension of work authorization for up to 540 days under the new 2025 ruling.
Form I-797C is not proof of employment authorization by itself, but it is used in conjunction with an expired EAD for Form I-9 compliance.
The Connection Between Form I-797C and Form I-9
Form I-9 is the document employers use to verify an employee's identity and work authorization. With the 2025 rule allowing automatic EAD extensions, Form I-797C helps employers and employees stay compliant by serving as proof of a timely EAD renewal filing.
For Employees:
Your expired EAD and Form I-797C together allow you to continue working during the 540-day extension.
Make sure the category on your EAD matches the eligibility categories for automatic extensions.
For Employers:
Form I-797C must be reviewed and recorded during the reverification process for Form I-9.
Employers should attach Form I-797C to the original Form I-9 as part of their compliance records.
Key Details Employees and Employers Need to Know
1. What Employees Must Do
Keep Your Form I-797C Safe: This document is proof that you filed your EAD renewal on time. You will need it for employment verification.
Provide Documentation to Your Employer: Submit the following to your employer:
Your expired EAD.
Your Form I-797C, which shows the timely filing of Form I-765 and eligibility for automatic extension.
Track Expiration Dates: Use the expiration date on your expired EAD (plus 540 days) or the date on your Form I-797C (whichever is earlier) to monitor when you need further action.
2. What Employers Must Do
Reverify Work Authorization Using Form I-9 Supplement B:
In the Document Title field, enter: "EAD with Automatic Extension."
Record the Document Number from the expired EAD.
In the Expiration Date field, enter the earlier of:
540 days after the expiration of the EAD.
The expiration date on Form I-797C.
Sign and date the Supplement B section of Form I-9.
Track Extensions Carefully: Set reminders to follow up before the automatic extension expires.
Retain Documentation: Keep Form I-797C and the expired EAD attached to the original Form I-9.
FAQs
Q: Is Form I-797C Proof of Employment Authorization?
No. Form I-797C by itself is not valid proof of employment authorization. It must be used alongside an expired EAD for Form I-9 compliance under the automatic extension rule.
Q: What if the Employee’s Form I-797C Expires Before Their EAD Is Renewed?
The employee’s work authorization ends if they do not receive their new EAD before the automatic extension period expires. Employers must terminate employment until updated documentation is provided.
Q: How Do Employers Handle Multiple Employees Using Automatic Extensions?
Use HR software or calendar reminders to monitor expiration dates for each employee. Ensure all employees provide updated documentation on time.
Why the 2025 Ruling Matters
The 2025 rule permanently increases the automatic extension period for EAD renewals to 540 days, reducing employment disruptions caused by USCIS processing delays. Form I-797C is a key piece of documentation that ensures compliance with this rule, allowing employees to maintain work authorization and employers to avoid penalties for unauthorized employment.
Helpful Tips
For Employees: File your EAD renewal (Form I-765) early, ideally 180 days before your current EAD expires, to ensure uninterrupted work authorization.
For Employers: Train HR personnel to recognize Form I-797C and properly update Form I-9 to reflect automatic extensions.
Resources
By understanding how to use Form I-797C with Form I-9 under the 2025 rule, employees can continue working, and employers can ensure compliance with U.S. employment laws.