The announcement that the U.S. Citizenship and Immigration Services are allowing eligible individuals a conditional permanent resident extension to 24 months is another change to the growing number of changes to some Form I-9 practices due to pandemic challenges, which can be overwhelming to employers already doing their best to stay current and compliant on new procedures.
As of September 4, 2021, U.S. Citizenship and Immigration Services announced they are extending the time that receipt notices can be used to illustrate evidence of status for conditional permanent residents to twenty-four months. However, petitioners must also correctly file other pertinent forms, such as:
Prior to September 4, 2021, the extension was limited to eighteen months. The extension of an additional six months was made in an effort to help officials process the influx of the Forms I-751 and I-829, which have increased dramatically over the last year or so.
When it comes to how this extension may change what employers look for in terms of receipt notices, petitioners may be divided into three primary groups based on their specific situation:
Those who petitioned on or after September 4, 2021 and correctly filed the appropriate forms should receive a receipt notice to be presented with their Form I-551 (also known as Permanent Resident Card or Green Card). This may serve as proof of a continued or extended status for up to twenty-four months beyond the Green Card expiration date while their case is pending with U.S. Citizenship and Immigration Services.
Persons that did petition on or after September 4, 2021 but did not file the proper forms in a correct manner will likely not receive a receipt notice that lends itself to an extended status.
Eligible conditional permanent residents who properly filed their petition and related forms before the September 2021 deadline and still have pending cases will be issued new receipt notices that will serve as evidence of a continued status for twenty-four months beyond their Green Card expiration date.
Employers may also want to note that:
By and large, the most common issue employers may run into in regard to the extension sticker and the Form I-9 and E-Verify program can be how to document employment authorization for a pending I-90 application or expired Green Card.
In light of the conditional permanent resident extension to 24 months, employees can show employers their expired Green Card in addition to their Form I-797 or I-90 receipt notice. This should suffice for an approved document from List A on the Form I-9, which helps establish an individual’s identity and employment authorization.
In terms of employer documentation of the Green Card extension, they will need to:
Because the Form I-9 has very specific regulations, guidelines, and deadlines, it is critical that employers follow these to the letter to increase the odds of being compliant in the event of an official audit. However, navigating temporary changes such as extensions can present unique challenges.
One of the most effective ways to remain current on laws that have the potential to change at any time, particularly during unprecedented times, is to enlist the help of a reputable provider dedicated to helping their clients learn better compliance practices for both the Form I-9 and E-Verify program. This should include:
If your business has questions or concerns regarding the conditional permanent resident extension to 24 months, we encourage you to reach out today for assistance.
