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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?
The Form I-797 questionnaire (also referred to as I-797A) is designed to be used by the applicant to answer questions about the qualifications, experience, and employment history held/held by the applicant or any person associated with the applicant.
Do I need an employer to ask a question on Form I-797?
No. You need not get an employer's permission either. You can freely ask questions in any fashion or even write down your thoughts. The question on Form I-797 has a blank space next to it, so it would not take that much space to answer.
It's my first time doing the form, what should I expect?
The form is very basic and there is nothing special to prepare. However, we advise you prepare as detailed of a resume as you can find. If you have any doubt about what to include on the Form I-797, you should consult a local employment agency for guidance.
If you have any suggestions concerning Form I-797, please let us know how we can improve it in the comments below.
Who should complete Form I-797?
A U.S. citizen married to another U.S. citizen;
A permanent resident of the United States or a member of the Armed Forces stationed temporarily outside the United States as determined by the Secretary of Homeland Security;
An alien who has been granted asylum by the United States because of persecution for a non-political cause, provided the alien has established that he or she is either outside the United States or has a connection with a person or organization outside the United States, and: (a) a substantial presence outside the United States for a substantial period of time; (b) the fear of persecution because of race, religion, nationality, membership in a particular social group, or political opinion; and (c) the alien filed a previously filed Form I-485 or Form I-9, Application for Asylum, before the date he or she arrived in the United States, unless he or she is seeking asylum based on a political crime or other ground; a criminal offense that is serious enough to have been committed and that could be prosecuted in the United States; or imminent danger of persecution.
A U.S. national who: (1) has a Form I-94, Arrival/Departure Record, that has been approved by the Secretary of Homeland Security; or (2) has a valid visa on arrival or departure, except Form I-551 for dependents of U.S. Nationals or a NEXUS card, issued by U.S. Citizenship and Immigration Services, Department of Homeland Security, which provides a person with temporary status; and (3) was admitted for permanent residence to the United States and has resided there continuously since the date of the visa application under the conditions set before the U.S. Department of Homeland Security or was admitted for temporary purposes only and has resided out of the U.S. for a continuous period of six months or more (from the date of the application), provided he or she establishes the non-refundable filing fee under section 8 of the Act. The petition for asylum must be filed before the expiration of 15 days after the alien is admitted for permanent residence to the United States unless he or she has completed 10 years of lawful permanent residence as of the time of the petition. The Secretary of Homeland Security shall require that Form I-797 be filed within one year of the alien's admission as a permanent resident.
In certain cases, a person who is a nonimmigrant with temporary protected status may qualify under this section.
When do I need to complete Form I-797?
You need to complete Form I-797 (Employment Authorization Document) if:
you need to change a previously approved permanent residence status; or
You are changing from a temporary nonimmigrant status to an approved permanent resident status.
If you don't need to complete Form I-797 to change your status to an approved permanent resident, you can still complete Form I-688 and apply on the new Form I-797.
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What's an A-1 nonimmigrant visa?
An A-1 visa is normally issued to a nonimmigrant visitor who is visiting the United States to perform temporary duties (sometimes called “visitor services”) in the American workforce.
An A-1 visa is also sometimes called a “fringe benefit visa” and is issued for a shorter period of time and for less than the usual fees. It is generally issued to:
persons for whom temporary employment at an establishment is essential at the time the visa is being issued;
a business representative or the parent of one of a U.S.-based parent company employees; or
A U.S.-based business representative working overseas for a foreign parent company.
An A-1 visa should not be confused with an F-1 visa. Both are used to hire foreign workers to fill positions at American job sites. But on an A-1 visa, you have to be a nonimmigrant employee. You also cannot get an F-1 visa to work with U.S. companies. The A-1 visa is intended to be a brief tour of the United States — no more than 90 days, and it must be used for a specific task outside the United States.
An F-1 visa is generally issued to permanent residents who arrive in the United States for a brief stay (often up to six months) on approved business visas. F-1 visa holders usually work with U.S. clients or provide professional services to U.S. clients from the United States.
An A-1 visa cannot be used for a permanent work visa such as a H-1B (high-skilled worker) visa, and you cannot work for any American employer while on an A-1 visa. The A-1 visa applies to people entering and living permanently in the United States.
Can I create my own Form I-797?
No, you cannot. The forms use an online system, so it is not possible to make changes to your form in advance.
I get the “Your Application” warning, but my application has already been approved!
The warning on the “Your Application” screen is intended for prospective employees, because you are applying for a job and the department has already reviewed your application. Once your application has been approved, you can still add a Cover Letter field, if you wish.
My application was approved, but when I was trying to print the forms, I got the error message “An error has occurred. Please close the application and try again later. If you continue to experience problems please contact the Human Resources department.” Why is that?
This is sometimes a side effect of the online system (which is not always reliable). The error message may also be caused by a missing document; the form does not contain all the required information. If you have not received a result with the error message, you can print a paper copy of your form and re-submit.
Why should I re-submit my I-601?
All applicants to the U.S. Immigration and Naturalization Service (INS) must submit a completed I-601 application. The I-601 form is the form that must be signed by the applicant and notarized by the notary provided by the INS (the forms do not need to be notarized).
If you have not been accepted when your application is submitted, you will need to re-submit your I-601 application. You can find out whether you've been accepted or declined within the period following your application. If your application gets re-submitted after that date, the INS will have received your submission and will accept or re-reject it.
If your application is rejected due to incomplete document submission, the INS won't be able to make a decision with your application. You'll receive the rejection letter in the mail. If you have additional paperwork submitted at that time, you will need to bring them with you.
What if I miss a deadline to submit my I-601 application?
If a specific deadline for submission of the Form I-601 application hasn't come by, the INS will give you several reminders of the upcoming deadlines. When you submit your Form I-601, the form must be completed, signed, and dated by you and notarized.
What should I do with Form I-797 when it’s complete?
Once the forms are submitted, your employment is processed, and you are no longer required to send it to the USCIS.
How do I get my Form I-797?
Please click here to download the U.S. Citizenship and Immigration Services (USCIS) Form I-797. You will need Adobe Acrobat Reader to view the form.
I am not a citizen of the United States (citizenship is based on the “class of admission”) and I don't meet the following requirements:
I immigrated to the United States outside of Canada (i.e. I have not obtained Canadian citizenship for myself).
Furthermore, I have not been admitted to Canada as a permanent resident prior to the year I received my citizenship. This may include the Year in which I received my citizenship.
I am applying for permanent residence under the Canada-United States Admissions (USAM) programs. There is no specific information regarding when applications or I-797s will be processed.
I am not a Canadian citizen and do not meet the above requirements.
I immigrated to the United States outside of Canada (i.e. I have not obtained an I-551 Certificate of Citizenship within the past six months). We will provide you with the Canadian Citizenship Act application form and a checklist to help you complete your citizenship application.
I am applying for permanent residence under the Canada-United States Admissions (USAM) programs and do not meet the above requirements. We will provide you with the Canadian Citizenship Act application form and a checklist to help you complete your citizenship application.
I am not a citizen of the United States and do not meet the above requirements (i.e. I've been granted permanent resident status within the past three years, or I was granted permanent residence in Canada for a family member).
I am an immediate relative of a U.S. citizen.
Furthermore, I am a spouse or common-law partner of a Canadian citizen.
Furthermore, I am a Canadian citizen who is applying for a marriage certificate or who is applying for any other kind of permanent resident document.
Furthermore, I am applying for permanent residence under the Canada-United States Admissions (USAM) programs.
Furthermore, I am not a U.S. citizen and do not meet the above requirements (i.e. I've been granted permanent residence within the past three years, or I have been granted permanent residence in Canada for a family member).
Furthermore, I am an immediate relative of a U.S. citizen.
Furthermore, I am a spouse or common-law partner of a Canadian citizen.
What documents do I need to attach to my Form I-797?
A copy of your Form I-797, with the appropriate document attached. If you need or want to add a social security number or other identification number, get that documentation.
If you are relocating within the United States, you may be able to file Form I-485/I-765 with your federal, state, or local immigration authority rather than a Form I-797 (or I-129, if you meet the special criteria under I-129). For more information, see Relocation.
If you are relocating to another country, you may need a document certifying that you are not required to have a green card for employment by a foreign government as a reason for your visa to be approved. For more information, see the Fact Sheet on Relocation Requirements and the Fact Sheet on a Document to Prove Citizenship and Immigration.
Additional resources about filing and submitting I-797s in the U.S.
IRS.gov also hosts the U.S. Form I-797 Frequently Asked Questions (FAQs) page. To get help answering questions, visit the IRS Answers page for the IRS website. The FAQs include answers to commonly asked questions about the I-797, including:
How soon can I file?
How long does it take to get started?
How much does file an I-797 take?
How much does it cost?
How likely is it to get approved?
How do I file an I-797 online?
Is there a fee for filing an I-797?
Can I file electronically on my desktop or laptop computer?
Can I file electronically when I am abroad?
Do I need an accountant to complete my I-797?
I-797 Questions
Filing an I-797 online
Are you relocating to the United States? If so, consider using Form I-797 to file your I-797 at U.S. Citizenship and Immigration Services (USCIS). It's fast and easy! USCIS accepts Forms I-797 electronically from USCIS-certified I-797 processors, a service we provide for free to any taxpayer who obtains an appointment. The I-797 is processed in about 10 minutes by one of these certified I-797 processors, usually through the Internet. You need an appointment to use this service.
What are the different types of Form I-797?
Form I-797 is used when a professional requires an employee to show that the employee has the authorization to work in the U.S. A Form I-797 is not used on U.S. citizens, permanent residents, or people on a valid visa. It also is not used when an officer is investigating the identity of the employee.
How do I apply for an I-797?
The process for obtaining and filing Form I-797 depends on the type of work at issue:
Work authorized by the Secretary of the Department of Labor, or any other U.S. official or office, in order to be paid by an employer. A Form I-797 may be used in lieu of a W-2 as long as your pay is not being withheld.
Forms I-797-EZ or I-797-E, used in connection with the issuance of a U.S. work permit or as a prerequisite to obtaining a U.S. work permit.
Form I-797 used for the issuance of a foreign work permit, such as Form DS.
A U.S. company can be authorized to pay you by Form I-797. However, a foreign company cannot pay you by Form I-797 (as long as you are the employee) because of an exemption under the Foreign Service Act of 1980.
How do I file an I-797?
The process for filing a Form I-797 depends on whether you need a work visa or if you need an extension. A Form I-797 is required even if you are not employed and do not work for a U.S. company.
If you need a work visa to work in the United States
If you need a work visa to work in the United States and you are not employed by U.S. Citizens, Permanent Residents, or people on a valid visa (e.g. a B-1, B-2, B-3, F-1, or G visa), you must file your application to receive an employment authorization document with the Department of Labor. This process is usually accomplished by filling out the Form I-130, Employment Authorization Document.
How many people fill out Form I-797 each year?
We calculate the average number of days and dollars it would take for a family of three to become eligible because of the changes: 1.5 billion in 2015; 1.7 billion in 2016; 1.8 billion in 2017; and 2.3 billion in 2018. Some people will find they have to report income in years other than those in which the I-710 changes apply.
We calculate the average number of days and dollars it would take for a family of three to become eligible because of the changes:
Is the I-710 increase a tax increase? The income tax will go up for most people, but families in the top 1% of income are most likely to benefit. The top 1% of income recipients claimed 1.1 percent of the I-710 changes, but will pay 12.5 percent of the tax increase. In fact, as of the end of 2013, the 1% of I-710 filers that benefited the most would pay more in tax under the new rules than the 99.9% that would see no impact from the I-710 changes.
The income tax will go up for most people, but families in the top 1% of income are most likely to benefit. The top 1% of income recipients claimed 1.1 percent of the I-710 changes, but will pay 12.5 percent of the tax increase. In fact, as of the end of 2013, the 1% of I-710 filers that benefited the most would pay more in tax under the new rules than the 99.9% that would see no impact from the I-710 changes. Who would get the largest benefit from the I-710 tax increase? The largest beneficiary of the I-710 tax increase to date appears to be the top 1%. The top 1% of earners received 3.6% of all I-710 tax changes and will pay 27.4% of the tax increase. In comparison, the bottom 20% of taxpayers claim a combined 3.1% of I-710 tax increases but will pay 26.9% of the tax increase.
The largest beneficiary of the I-710 tax increase to date appears to be the top 1%. The top 1% of earners received 3.6% of all I-710 tax changes and will pay 27.4% of the tax increase. In comparison, the bottom 20% of taxpayers claim a combined 3.1% of I-710 tax increases but will pay 26.
Is there a due date for Form I-797?
The due date of the U.S. Lien Statement is on the last business day of the month in which you file your Form I-797, unless you are an individual filing as a married couple. For more information about the deadlines for Form I-797, see Guide 902-EZ (Rev. 11/18/06).
Will I have to file a Form 1099 in connection with the cancellation of the I-502?
No, but you may want to send Form 8839 to the I-502 issuer (see instructions below). This will give the I-502 issuer time to file a Form 1099-K (U.S. Person) with the IRS.
Can I claim exemption for the return if I was an employee, as defined in the I-503, at any time during the taxable year?
Yes, you can claim this deduction. However, if you are filing Form I-997 as a sole proprietor, partnership, or S-corporation, you must wait one year after the date you cease all of your businesses before claiming this deduction. Also, you had to wait an additional 1 year after you ceased to be employed by an employer during the past year to make this deduction.
When and how do I complete Form 8839 to claim the U.S. Lien Statement?
Filing Form 8839 will give the I-502 issuer time to file a Form 1099-K (U.S. Person) with the IRS. If you are filing Form I-997 as a sole proprietor, partnership, or S-corporation, you must wait one year after the date you cease all of your businesses before claiming this deduction.
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