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USCIS Changes Policy on Expired Green Cards for Form I-9

01/05/23

Author: ADP Admin/Tuesday, January 3, 2023/Categories: Compliance Corner , Federal Compliance Update

Effective Dec. 12, 2022, the U.S. Citizenship and Immigration Services (USCIS) has extended the validity of Permanent Resident Cards (Green Cards) for lawful permanent residents who have properly filed a Form N-400 Application for Naturalization.

The Details:

Under the new policy, individuals who properly file Form N-400, Application for Naturalization, may receive an automatic Green Card extension of up to 24 months without regard to whether they filed Form I-90, Application to Replace Permanent Resident Card. USCIS is updating its Form N-400 receipt notice to reflect the extension. The receipt notice can be presented with the expired Green Card as acceptable documentation of identity and employment authorization under List A of Form I-9 (Employment Eligibility Verification), if presented before the expiration of the 24-month extension period provided in the notice.

Prior to this policy change, naturalization applicants who didn’t apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90 to maintain proper documentation of their lawful status.

The extension applies to all applicants who file Form N-400 on or after Dec. 12, 2022. Lawful permanent residents who filed for naturalization prior to Dec. 12 won’t receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90, or receive an ADIT stamp in their passport, to maintain valid evidence of their lawful permanent resident status.

Next Steps:

  • Review and update I-9 policies and procedures to reflect the change.
  • Train individuals who are responsible for I-9 compliance on the change.

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