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How to prepare Form I-797

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About Form I-797

In order to receive benefits under Form I-797‣you must be the beneficiary of an approved form. Benefits under a Form I-797 are available to alien workers whether or not they are currently employed at the particular foreign sponsoring employer's business or organization if: Their I-797 filing is within 10 years of filing an application for permanent residency and has been approved as required by U.S. immigration law; They are seeking employment that is outside the United States‣either at a U.S. business or organization or abroad working with U.S. business and not on a business trip; and The aliens apply to qualify for admission under a new Form I-9; and The employer meets all the following conditions: The application for admission is based on the employer's need; The employer has no other current domestic employees; and The employer's primary place of business has no more than 250 permanent employees operating in that location. Employers may use Form I-797 without an employer identification number (EIN) in the following situations (Note: Form I-797 is for the individual beneficiary. If an employing entity owns, operates, or controls a foreign business or organization, all the foreign employees of that business or organization will be covered by Form I-797 and must obtain an EIN, even if the employing entity does not own any foreign business or organization): Individual employers: They meet the conditions of Form I-797, but do not have any foreign employees. In this type of application, they will be responsible for all their employees' wages, regardless of how many foreign employees work at the employer's location. If they want to use Form I-797, they may do so if they have no U.S. employees, and they are not authorized to obtain Wins from the Bureau of Immigration and Naturalization (BIN). Franchisors of U.S. companies: When a U.S. franchisor's franchisee does not own the United States business, it is the franchisor that must obtain an EIN to be able to file the I-797. An alien is required to apply for a foreign work visa before he or she can work at an alien-sponsoring employer. Employers who are required by the immigration laws to hire U.S.

What Is I-797 Form?

Form I-797 is an Approval Notice or Notice Of Action. It is issued to individuals after their petitions or applications submitted to USCIS are approved in order to verify an approval. This form is also a result of a foreigner`s request to change his/her one nonimmigrant classification to another and is always issued by USCIS. So, in order to have your documents approved and receive such approval form, you should submit a duly prepared application and all requested supplementary documentation.

There are several types of this form which can be used for various purposes. For instance, it can be issued to an individual as a replacement of an I-94 form or as an approval of an alien worker petition or in order to request evidence.

Draw your attention to the fact that such form isn`t that one you can fill out yourself. We offer you to view an I-797 Form sample in PDF on our website. According to the sample a document includes the following information:

  • date of receipt of an application submitted by a foreign national;
  • number of receipt;
  • date of notice issurance;
  • number of pages on which document is placed;
  • petitioner`s name;
  • beneficiary`s name;
  • type of notice and period of its validity.

The main text of a form includes information regarding approval of a certain application and further instructions. The upper part of a form is for a petitioner and the lower part is kept by a beneficiary.

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How to finish a Form I-797 on-line:

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