The US Citizenship & Immigration Services (USCIS) has enacted a policy change that allows employers to accept a receipt notice for a naturalization application along with an expired Permanent Resident Card (a/k/a Green Card) as evidence of employment authorization and identity.
The USCIS now permits “Presentation of the Form N-400 receipt notice along with the expired [Permanent Resident Card] is valid, unexpired evidence of LPR 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.” This policy change was made in an effort to streamline immigration processing, and to encourage eligible Lawful Permanent Residents to naturalize.
This policy applies to all naturalization applicants with expired Permanent Resident Cards. The naturalization receipt need not contain the extension language to benefit from this policy change.
Employers who encounter employees who present expired green cards and naturalization receipt notices as evidence of employment authorization should seek advice from competent legal counsel.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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