Yes, a Form I-797C, Notice of Action, can be used for I-9 verification, but only in specific situations and only when it accompanies the right expired immigration document. The combinations that still work in 2026 are an expired Green Card with an I-797C receipt for Form I-90, N-400, or I-751, and, for a shrinking group of workers, an expired Employment Authorization Document (EAD) whose renewal was filed before October 30, 2025. EAD renewals filed on or after that date no longer trigger any automatic extension, so an I-797C paired with an expired EAD in that situation does nothing for I-9 purposes.1U.S. Citizenship and Immigration Services. DHS Ends Automatic Extension of Employment Authorization
What the I-797C Actually Is
USCIS sends a Form I-797C to confirm it has received a filing. The notice communicates receipt, rejection, transfer, case reopening, or appointment scheduling.2U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action It is not an approval. A separate Form I-797 communicates approval, and a Form I-797A serves as an approval notice with an attached I-94 arrival record.3U.S. Citizenship and Immigration Services. Form I-797 Types and Functions Only the I-797C receipt notice, paired with the correct expired document, creates the temporary work authorization that Form I-9 recognizes.
EAD Renewals After the October 2025 Rule Change
For years, an employee who timely filed Form I-765 to renew an EAD received an automatic extension of work authorization while USCIS processed the renewal. That extension grew from 180 days to up to 540 days. An interim final rule effective October 30, 2025, ended that practice for new filings.1U.S. Citizenship and Immigration Services. DHS Ends Automatic Extension of Employment Authorization Employers face two very different situations in 2026.
Renewal Filed Before October 30, 2025
Employees who properly filed their EAD renewal before that date still receive the up-to-540-day automatic extension while their application pends.4U.S. Citizenship and Immigration Services. Interim Final Rule Published Ending the Practice of Automatically Extending Certain EADs The employee presents two things together: the expired EAD and the I-797C receipt showing that USCIS received the renewal filing in the same eligible category.5U.S. Citizenship and Immigration Services. Automatic Employment Authorization Document (EAD) Extension That combination is a List A document, covering both identity and work authorization. The extension runs up to 540 days from the “Card Expires” date on the EAD, or until USCIS decides the renewal, whichever comes first.6eCFR. 8 CFR 274a.13 – Application for Employment Authorization
Not every EAD category qualifies. Eligible categories include refugees (A03), asylees (A05), asylum applicants (C08), pending adjustment applicants (C09), VAWA self-petitioners (C31), and several others, along with spouses of certain H-1B, L-1, and E-visa holders.5U.S. Citizenship and Immigration Services. Automatic Employment Authorization Document (EAD) Extension If the EAD shows a category code that is not on the eligible list, the I-797C does not create a valid extension. Compare the category on the card to the USCIS list before accepting the combination.
Temporary Protected Status (TPS) EADs follow a different track. For TPS-based renewals pending or filed on or after July 22, 2025, the extension is limited to up to one year or the duration of the TPS designation, whichever is shorter, rather than 540 days.5U.S. Citizenship and Immigration Services. Automatic Employment Authorization Document (EAD) Extension
Renewal Filed On or After October 30, 2025
There is no automatic extension. Once the EAD’s printed expiration date passes, the card no longer supports I-9, and presenting an I-797C alongside it changes nothing. USCIS recommends filing up to 180 days before expiration to reduce the risk of a gap.1U.S. Citizenship and Immigration Services. DHS Ends Automatic Extension of Employment Authorization If the card expires before the new one arrives, the employee cannot show valid work authorization, and employment cannot continue until they present new documentation. TPS holders covered by a separate Federal Register notice may still have an extension under that mechanism, but the general automatic extension is gone.
Green Card Renewals Still Work the Same Way
The October 2025 rule did not touch Green Card extensions. Three filings still produce a valid I-797C-based extension for I-9.
Form I-90 (Renewal or Replacement)
Since September 10, 2024, an I-797C receipt for a pending Form I-90 paired with the expired Green Card extends the card’s validity for 36 months from the expiration date printed on the card. It counts as a List A document.7U.S. Citizenship and Immigration Services. USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals Older I-90 receipts referenced a 24-month extension, so read the notice language carefully before assuming which period applies.
Form N-400 (Naturalization)
A lawful permanent resident who files N-400 receives a 24-month extension of their Green Card. The I-797C receipt for the N-400, combined with the expired card, is a List A document, and the 24 months runs from the card’s printed expiration date, not from the filing or notice date.8U.S. Citizenship and Immigration Services. USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants
Form I-751 (Removal of Conditions)
Since January 25, 2023, an I-797C receipt for a pending Form I-751, paired with the expired conditional Green Card, extends validity for 48 months from the card’s expiration date.9U.S. Citizenship and Immigration Services. USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 Notices issued before that date may show a shorter period, so read the notice itself.
An important distinction: the I-751 combination is a List C document, establishing employment authorization only.10U.S. Citizenship and Immigration Services. 13.3 List C Documents That Establish Employment Authorization The employee must also present a List B identity document, such as a driver’s license. The I-90 and N-400 combinations are List A and cover identity and work authorization together.
How to Record the I-797C on Form I-9
The expiration date is where employers most often go wrong. Enter the date the extension actually ends, not the date printed on the receipt notice.
EAD Extensions (Pre-October 2025 Filings)
Enter “EAD” as the Document Title in the List A column. Use the I-797C receipt number as the Document Number. The expiration date is 540 days from the “Card Expires” date on the EAD, calculated by you, not any date shown on the notice. In the Additional Information field, enter “EAD EXT.”11U.S. Citizenship and Immigration Services. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization Section 1 should show the same 540-day-out date after “An alien authorized to work until.” Employees whose underlying status does not expire, such as asylees, enter “N/A” instead.12E-Verify. Certain Employees May Present New or Corrected Forms I-797C, Notices of Action
Green Card Extensions
For an I-90 or N-400 extension, enter “Form I-551” as the Document Title in List A, the I-797C receipt number as the Document Number, and the expiration date 36 months (I-90) or 24 months (N-400) from the date on the expired card.7U.S. Citizenship and Immigration Services. USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals For an I-751 extension, the documents go in the List C column, the expiration date is 48 months from the card’s printed expiration, and the employee’s identity document goes in List B.10U.S. Citizenship and Immigration Services. 13.3 List C Documents That Establish Employment Authorization
Reverifying Before the Extension Runs Out
Every I-797C-based extension has a fixed end date, and the employer must reverify the employee’s authorization before that date. USCIS recommends reminding employees at least 90 days in advance.13U.S. Citizenship and Immigration Services. Completing Supplement B, Reverification and Rehires (Formerly Section 3) Reverification is recorded on Supplement B (formerly Section 3), which the employer completes and attaches to the original I-9.14U.S. Citizenship and Immigration Services. 6.1 Reverifying Employment Authorization for Current Employees The employee must present an unexpired List A or List C document by the last day of the extension period. If they cannot, employment must stop.
When USCIS Denies the Renewal
An automatic extension does not survive a denial. If USCIS denies the underlying renewal application, the extension terminates on the day of denial no matter how much time remains in the 540-day or Green Card extension window.15Federal Register. Removal of the Automatic Extension of Employment Authorization Documents Most employers set a calendar reminder for the extension’s outer date and assume they are covered until then. A denial letter arriving months earlier changes the picture overnight, and it should be treated as an immediate trigger to reverify or end the employment.
What Employers Cannot Do During Verification
The employee chooses which documents to present from the List of Acceptable Documents, and the employer must accept anything that reasonably appears genuine and relates to the person presenting it.16U.S. Citizenship and Immigration Services. 11.2 Types of Employment Discrimination Prohibited Under the INA Requesting a specific document, demanding more than the form requires, or rejecting documents based on citizenship or national origin all count as unfair documentary practices under federal law. Refusing an I-797C-and-expired-EAD combination because you would rather see a new EAD falls squarely inside that prohibition when the combination otherwise meets the regulatory requirements.