Original USCIS Approval Notices Sent to Employers October 6, 2011— USCIS recently began sending original Form I-797 petition approval notices, many with attached I-94 cards, to employers instead of their immigration attorneys. In the past, USCIS sent the original approval notice and I-94 to the attorney of record in the case, and sent a courtesy copy to the petitioner or applicant. The agency suddenly reversed this practice without notice on September 12. Though the change was initially thought to be inadvertent, USCIS has now stated that it has altered its policies on Form I-797 approval notices. The new procedure will mean that employers and their immigration counsel may have to alter some of their longstanding ways of working together. The following Frequently Asked Questions address the new policy change and how it will affect employers. USCIS made the approval notice change so that original filing receipts, approval and denial notices, and any attached I-94 arrival-departure records go directly to the petitioner or applicant, presumably for security reasons. What is the difference between an original approval notice and a courtesy copy? An original I-797 approval notice may contain an attached I-94 arrival-departure card. Together, these documents contain important information that affects the employer and the foreign national employee. The I-94 is the foreign national’s proof of legal status and period of authorized stay. He or she is required carry the I-94 as proof of lawful registration as a foreign national in the United States. The combined approval notice and I-94 is also a critical document when the foreign national applies for a new visa at a U.S. consulate. The courtesy copy of an I-797 does not contain an I-94. It simply notifies the recipient of the petition approval and the validity dates of the petition. It is not proof of the beneficiary’s legal status or period of stay and omits certain important beneficiary information that appears on the original. Why is it important for an immigration attorney to receive a copy of the original approval notice? Because the original I-797 and I-94 are critical status and application documents, an attorney needs to review them and provide the organization and the foreign beneficiary with instructions and guidance on their significance. There is information on the original I-797 and I-94 that does not appear on the courtesy copy. An attorney will check the approval notice and the I-94 to make sure that they are correct. Mistakes like the wrong immigration category, the wrong expiration date or even a misspelled name can have significant – and often negative – consequences for your organization and the foreign beneficiary’s status. An attorney also requires a copy of the original notice and I-94 for his or her records. This will enable the attorney to notify an organization when further action is required in the case. A copy of the notice and I-94 may also be needed as a supporting document if and when an immigration attorney prepares other filings on behalf of an organization or the foreign national, such as an extension of stay or a green card application. What should an organization do when receiving an original approval notice? First, do not discard the original notice. Company mailrooms should not to throw away any mail from USCIS and make sure that USCIS mail gets delivered to the appropriate contact in a timely manner. Second, contact an immigration attorney to let him or her know that an original approval has been received. The attorney will provide further instructions about what to do with the notice and I-94. |
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