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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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FAQ Form I-797
What is the purpose of Form I-797?
To ensure you have completed the required immigration paperwork correctly when you file your I-797, it is important to have a Form I-797 in order. The I-797 will be used to confirm that you are legally authorized to travel to the United States under the visa waiver program. The I-797 must be filled out completely and legibly.
After you have filed your I-797, an Immigration Services Officer (ISO) will review your I-797 along with other immigration applications. If you are eligible, the ISO will schedule an appointment with a Citizenship and Immigration Services (USCIS) representative within 30 days. Your I-797 with all supporting paperwork must be submitted for review by USCIS within 10-14 days after your appointment. Once USCIS reviews your I-797 and approves it for processing, you will be issued a permanent nonimmigrant visa to travel to the United States.
In a situation in which you are denied entry, you must re-file your I-797 and all supporting paperwork.
Who is eligible to apply for a Form I-797?
To be in a position to receive a visa to travel to the United States under the immigration visa waiver program, you must meet the following criteria:
Be a legal permanent resident living in the United States at your present location
Be of the age of 16 years or older
Have a valid Social Security card and passport
Have not received any adverse “pre-adjudicatory” action or other determinations in the last 10 years
Have never entered any of the following foreign countries: Canada, Mexico, Canada and Chile, Bolivia, Ecuador, Guatemala, Honduras, Jamaica, Panama, Paraguay, Peru, Peru and Venezuela
Not have traveled to the following countries: Cambodia, Egypt, Iran, Iraq, Jordan, Lebanon, Morocco, North Korea, Nicaragua, Pakistan, South Korea, Somalia, Syria, Tunisia, Turkey, Iran, Lebanon, Turkey, Ukraine and Yemen
If you meet all of these criteria, you are eligible to file an application for a Form I-797 visa. However, not all applicants are authorized to file an I-797.
To be eligible to travel under the I-797, you must:
File an Application for a Nonimmigrant Visa ( Form I-130 )
) Have all the other required eligibility documentation listed above.
Who should complete Form I-797?
Only persons who hold permanent resident status should complete Form I-797.
To determine if a person is a permanent resident, you must know when the person first entered the United States. For example, if the person was an international student in the United States when the form was received, that is considered the date of entry.
If a person is a legal noncitizen and lives in the United States without legal status, and they are applying from outside the United States, they are not eligible to be placed in the I-130E and Form I-797 categories.
How many people are required to complete Form I-797?
A total of 4,000 to 5,000 people may be placed in the I-130E group (which includes Form I-797) each year. In addition, 1,550 to 2,500 people are placed in the Form I-797 group.
If I am placed in the I-130E
When should I contact the Embassy or Consulate in my country?
Prior to being sent out to join the Refugee Admissions Program, applicants should discuss the possibility of resettlement with Embassy or Consulate personnel in their home countries.
At least once a year, candidates should contact the IRP Program Office (or visit us online) to discuss resettlement options.
Once an applicant is on the I-130E, what should I do to obtain Form I-797 once my paperwork is in order?
If your paperwork is complete, you will be asked to return it directly to the US RAP when it receives it. You will need to print out the form or bring it with you. For additional information about my travel and paperwork at an Embassy or Consulate overseas see the Embassy or Consulate Information page.
Form I-797 Information
What happens if my Form I-797 application is not complete or inaccurate after I travel from my previous location to the United States for the refugee interview?
Applicants who miss a step of the I-130 E process may be asked to complete and return the Form I-797 at the Embassy or Consulate in the country listed as your current host country on Form I-130E.
If an applicant is refused resettlement to their previous home country, they should submit a second application at the United States Refugee Admissions Program Office with detailed verification of their trip.
When do I need to complete Form I-797?
If you are an alien filing Form I-797. If you are filing Form I-485, you must complete the entire form.
Form I-797 is filed within 10 days of the day you enter the United States. You must file Form I-797 by the due date, regardless of whether you file an extension.
Form I-485 is filed within 10 days after the last day of the calendar quarter in which you received a favorable determination of eligibility for an extension of time to file an application for the waiver of inadmissibility, adjustment of status, or other humanitarian relief.
If you are an alien filing Form I-485, you may be asked for proof of your immigration status. However, USCIS has advised that they do not need to verify your immigration status before granting you an extension, or in some cases, before sending your Form I-485 through. USCIS has not changed its policy regarding verifying immigration status on Form I-485. Please consult the Frequently Asked Questions document for further information.
When do I file Form I-797?
You must file Form I-797 in the same immigration-friendly manner in which you file your initial Application for Adjustment of Status, Form I-485 (If you are filing an extension or correction of an old applicationĂ—.
If you file Form I-797 in a timely manner, USCIS and the INS will be able to process your request on time.
If you file Form I-797 within the 10-day period specified above, your Form I-797 will be processed the same day you submit it. If you receive an error message when you are submitting a completed Form I-797, wait until the next business day to submit a new Form I-797.
Note: The 30-day waiting period for the receipt of Form I-797 is intended for processing as early as possible, and does not constitute a waiting period of the entire Form I-797 or any portion thereof that is not processed during the waiting period.
What should I do with my Form I-797 after it has been filed?
When you receive your Form I-797 in the mail, read the Instructions for Receipt of Form I-797. You may be required to provide information about your employment or family members, and should read the Instructions for the Instructions for Receipt of Form I-797 before submitting the Form I-797, including what the questions are on the Form I-797.
Can I create my own Form I-797?
Yes. Many applicants make their own version of the I-797 by filling out the form in more or less the exact terms, following all the instructions and submitting it. You can use this service if you are experiencing problems with your I-797. There is no extra fee.
How do I make sure I get this?
If you've been refused, you may visit our Rejection Letter Processing Service.
You can still go to our I-797 Processing page to determine if you are eligible.
Can I appeal my I-797 decision?
Yes. You may appeal under Section 1548 of the Immigration and Nationality Act. Read the Appeals Procedure section above for more information.
What if I get an F — Notice, and I'm eligible for a waiver?
If you qualify to receive a waiver because the refusal decision you are appealing was based solely on your foreign nationality, you may be able to receive one on an interim basis. Read the section below for information on how to become eligible to receive an interlocutory waiver.
How does the Interim Waiver Program work?
If you qualify to receive an interim waiver on the basis of other grounds (such as the length of your period of foreign residence at the time of your I-797Ă—, you may be able to request that temporary residence by way of an Interim Waiver. You must meet the requirements of the Temporary Resident Card: An Interim Waiver (IR-604Ă—.
An Interim waiver (IR-604Ă—. The Interim Waiver Application (Form DS-2605Ă—.
Submit the completed Interim Waiver Application to USCIS.
A decision on your Interim Waiver request can be made within 6 months of your I-797 hearing. On the other hand, should your Interim Waiver request be denied, you may then appeal to USCIS.
If you are not eligible to apply for an Interim Waiver based on other grounds, USCIS has other procedures to help you obtain permanent residence.
How do I prove that I am a bona fide resident of the United States?
You must present evidence of your legal residence, but this evidence may be notarized documents. If you reside outside the United States, submit photocopies of the following documents, as well as a statement from the United States embassy or consulate that you have proof of lawful permanent residence: Certificate or Receipt of Income, or a.
What should I do with Form I-797 when it’s complete?
How should I address it?
Submit a paper application with the correct information, if necessary. Submit an update form with new information. If required due to a discrepancy, an email will be sent or call us, and we can send you another form.
I am applying for a work-study job. Is there an extra step?
No. Work study is available 24Ă—7/365 under the Federal Work Study Regulations.
How do I get my Form I-797?
Contact our staff at, Monday through Friday 8 to 5 ET.
What should I tell the I-9 Advisor?
The I-9 Advisors at USCIS would like to hear what you have to say about your I-9 form. Please feel free to call the USCIS I-9 Advisor toll-free at or by email at.
Please complete the “Questions For Counselor” field in the online Form I-9 Advisor. Do not send completed forms by mail.
If I have a problem that I need assistance with submitting my Form I-9, how can I contact my USCIS Regional Counselor?
The USCIS I-9 Program and USCIS O-14 National Contact Center can provide assistance with your Form I-9 submission. You may call the USCIS O-14 National Contact Center toll-free at or. If you have questions or concerns, please fill out and drop the USCIS Inquiry Form in the “Questions For Counselor” box.
The USCIS I-9 Program can help answer your questions and concerns regarding submitting a Form I-9. You may call the USCIS I-9 Program toll-free at, Monday through Friday, 8 to 6 ET.
What documents do I need to attach to my Form I-797?
To provide evidence of filing status and date of application, see Attachments to Forms I-797 and 707-I, Question #19.
What documents do I need to file the SIP? To establish that you are legally residing in the , you must file Form I-797, Application for Permanent Residence. The following information is used for determining which documents you must include: Name of principal applicant. Date of birth. (The “date of birth” fields are required only if the name on the identification document is the same as your legal name.) Date of passport application. Place of birth. (If you used the passport application form developed by the State Department, the “place of birth” field should be the same as the place of birth on your I-797. However, if the same form was used to apply for a visa to enter the , you do not have to provide this information. You can submit only the information needed to establish lawful permanent residence.) Social Security number and other tax identification number. (Use Form SS-5, Application for Federal Tax Credit, if you have applied for a social security amount on Form I-360, for foreign earned income (Form I-485) or for a tax credit on the foreign taxes on Form I-864, for foreign taxes paid.) Certificate of birth, baptism or other legal acknowledgment of birth.
What documentation do I need to confirm my name and date of birth? You do not need a birth, baptism, marriage, confirmation of identity, or other document to establish an address or citizenship. See the USCIS Form I-797: Citizens and Aliens Admissible as Permanent Residents, for more information.
What documents do I need to establish a person's status as an authorized alien? If you are applying for citizenship, and you are not already an authorized alien, you must provide some documents that show who you are and who you intend to be: A recent passport or other travel document. (If your passport has expired, or was lost or stolen, you will need to submit a copy.)
Your alien registration number or similar proof of citizenship.
Your alien card. (See instructions under What is an Alien Card? At the bottom of Page 3.)
Your alien status form, Form I-551, Permanent Resident Card or Form I-751, Alien Registration Receipt Card.
Your I-94, Application for Alien Arrival Record.
What are the different types of Form I-797?
An I-797 is used when filing for employment
to collect unemployment benefits, to claim food benefits, to claim health insurance, to claim child support
To collect unemployment benefits, to claim food benefits, to claim health insurance, to claim child support An I-797 is used when you are applying for a grant to start a business.
To start a business. An I-797 is used if you need a document to verify your date of birth.
for your social security number to enter on your application forms or documents
to enter on your application forms or documents An I-797 is used if you need a document to verify your date of birth
Form I-797 is considered a “paperwork” from the government; therefore, some states may require your employer to send you Form I-797 to help you file.
Form I-797 is often used for employment.
This form is used for unemployment benefits.
Required fields are marked in red.
. You will need to provide an ID number and the Social Security number of the person (employer) to whom you need your Form I-797 to be delivered. Check if you provide your own ID number with your Form I-797 or an approved ID number.
And the Social Security number of the person (employer) to whom you need you to be delivered. Check or if you provide your own ID number with your Form I-797 or an approved ID number. Do not use a “mail service” number. These numbers usually involve a local company, not from the Postal Service.
Required fields are marked in red.
. This form is needed to claim food and medical assistance for yourself andĂ—or your dependents. If you do not have medical documentation, you cannot claim food or medical assistance.
You will use this form and the I-765 application to apply for benefits in Washington,
Do you have dependent children? This is a Form I-797, Application for Certain Employment Benefits.
This is a is a form you need to apply for benefits in your local area for yourself, your spouse, your parents and their dependents.
This form is needed to get food and medical benefits.
Do you have dependents? This is a required document for filing to claim a certain benefit program for your spouse and children.
This is an If you do not have a dependent.
How many people fill out Form I-797 each year?
A total of 5,500,000 I-797s were submitted to TED by nonimmigrant students in 2017.
How many visas were issued in 2017?
There was a total of 1,939,632 visas issued in 2017, for a net issuance rate of 7,814 visas per 100,000 foreign students.
How many visas were issued in the first six months of 2017?
There were 2,836,800 new student visas issued in the first six months of 2017, for a net issuance rate of percent.
How many foreign students and citizens are admitted each year?
The number of foreign students admitted to the United States in fiscal year 2017 was 14,072,811 people (excluding exchange visitors, who are not granted visasĂ—. The number of foreign students admitted in 2016 was 15,023,843 people (excluding exchange visitors, who are not issued visasĂ—. This is a decrease of 4,974,387 people from the 17,744,966 people admitted in 2015 and 17,955,621 in 2014.
By raceĂ—ethnicity
In fiscal year 2017, 72 percent of these admitted students identified as Hispanic or Latino, and 14 percent as white. (The “foreign-born” population included and foreign-born students, as well as those who are and foreign-born students or lawful permanent residents.)
What are the major field of study?
The number of foreign students in engineering in 2017 ranged from 3 percent of the student population in biology to 46 percent in computer science. Students in the physical sciences remained the strongest area of growth of foreign students admitted in 2017, but it still represented only 20 percent or less of the overall student body, compared with an average of 21 percent for the fields of physical sciences (excluding biomedically based health occupationsĂ—, physical education, and health technology. The lowest percentage of foreign students in the physical sciences was in the social and behavioral sciences with 6 percent.
Where do foreign students come from?
The majority (85 percent) of foreign students who enrolled in 2017 in institutions were sponsored under the federal F-1, J-1, or J-2 visa programs — sponsored by the Department of State, the Department of Homeland Security, or the State Department. Some students entered the on non.
Is there a due date for Form I-797?
Yes. For a tax assessment, you must file Form I-797 by April 15 of the year in which the information is provided. When Form I-797 is due, you must file it, unless you have a reasonable excuse for not providing that information. For an income tax assessment, the date is based on your filing status: Filing individual or joint returns for the first time or.
File a return if you have more than one return.
How do Citizenship and Immigration Services assess your foreign financial transactions if you owe an income tax?
Once you file Form I-797, Citizenship and Immigration Services will collect financial transaction information to assess your tax liability. For an income tax assessment, the date is based on your filing status. When you file Form I-797, you also have the option to pay the tax liability by check, money order, or wire transfer. You must use Form W-9 to receive a Form I-797 tax assessment notice.
If the IRS determines that you cannot file a tax return for any reason, they may send you a notice stating that you do not have to file a tax return. You can choose to appeal their decision. If you refuse, any funds you owe the IRS will be applied to the Treasury. If you are a nonresident alien, you may avoid this notice by filing a notice of return under the Foreign Bank and Financial Accounts Tax Compliance Act (FBAĂ—FBARĂ—.
I am an employee of or contractor to an international organization. Do I file Form I-797?
Yes. When you enter into contracts with an international organization, the organization may require you to file Form I-797 and attach Forms W-8BEN and W-8ECI.
What information must you file on Form I-797?
You must provide all the information listed on the instructions given with Form I-797. You may wish to consult your own tax advisor. These instructions contain a summary of the information that must be provided on Form I-797.
Where do I get further information regarding the tax information that I should report when I file Form I-797?
The IRS will provide you with further information if you request it.
What are my obligations for filing Form I-797?
You must file tax information on or before the due date and in the manner prescribed by IRS regulations. To report on or before Form I.
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