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USCIS to Automatically Extend Green Cards

Effective December 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.

This update is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card).

LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice.

Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status.

The extension will apply to all applicants who file Form N-400 on or after December 12, 2022. LPRs who filed for naturalization prior to December 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status.

Next Steps for Employers

This update may impact employers when identifying acceptable documentation for Form I-9 purposes as the receipt notice along with the expired Green Card is acceptable evidence of employment authorization under List A of the Form I-9, if it is presented before the expiration of the 24-month extension period provided in the notice. As a reminder, employers are not required to reverify the employment eligibility of a lawful permanent resident and should not reverify the employment authorization of these employees.

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