February 4, 2023

Volume XIII, Number 35

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USCIS Extends Validity of Green Cards for 24 Months for Certain Permanent Residents

Due to long processing delays, USCIS is extending the validity of green cards for 24 months for legal permanent residents who have filed a Form I-90, Application to Replace Permanent Residence Card. USCIS is doing this in recognition of the fact that the previous 12-month extension in effect since January 2021 is just not long enough.

For newly filed cases, USCIS will be issuing receipt notices with the updated 24-month language. For cases that were pending as of September 26, USCIS will send out amended receipt notices that should be received before the initial 12-month extension expires.

For those who need evidence of status but no longer have their green card because it was lost, destroyed, or stolen, USCIS suggests that they may make an appointment with a local field office by contacting the USCIS Contact Center to request the issuance of an Alien Documentation, Identification and Telecommunications (ADIT) stamp.

When completing a Form I-9, Employment Eligibility Verification, new employees may present an expiring or expired green card with the receipt notice as a List A document that extends the green card for 24 months from the expiration date on the front of the card. Employers may not reverify current employees who presented this document combination with the original 12-month extension when they originally completed Form I-9.

When USCIS instituted the initial 12-month extension receipt notices, air carriers were informed and were told to accept those as evidence of green card status. An update to this guidance likely will be issued soon.

Jackson Lewis P.C. © 2023National Law Review, Volume XII, Number 283
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About this Author

Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

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