Understanding Form I-797 Notice of Action

United States Citizenship and Immigration Services (USCIS) uses Form I-797 to communicate important information to applicants, petitioners, and beneficiaries regarding immigration applications.

These legal documents confirm the status of an immigration petition. For example, Form I-797 can confirm receipt of an application via mail. This type of notification is also known as a receipt notice.

Additionally, USCIS may use Form I-797 to communicate that a petition has been approved. In this instance, the I-797 notification may be called an approval notice.

Besides receipt notices and approval notices, there are several other ways that USCIS uses Form I-797. We describe each type of I-797 below.

What is Form I-797?

There are several variations of Form I-797. Use the guide below to understand the notices most relevant to your immigration journey.

Form I-797 Notice of Action

A Form I-797 Notice of Action (as compared to I-797A, I-797B, etc) is simply a receipt notice or approval notice. After filing a USCIS petition, you can usually expect to receive a receipt notice within two to three weeks.

For petitions with premium processing, you may receive the notice within a few days. Approval notices are issued by USCIS as soon as a case is approved, which depends on USCIS case processing times.

Form I-797A Notice of Action

Form I-797A is issued by USCIS as a replacement for Form I-94.

For context, Form I-94 is an arrival and departure record that the US government uses for all non-citizens/permanent residents.

An I-94 is proof of legal status in the US It also states an immigrant's "admit until" date. This date is the last day an immigrant is allowed to stay legally in the US.

However, there are a few instances in which the I-94 needs to be replaced by an I-797A. For example, if you receive a change of status visa approval from within the US, your I-797A will replace your existing I-94. This is because you've been granted the ability to stay in the US longer than the "admit until" date on your I-94.

Form I-797B Notice of Action

Form I-797B is an approval notice that does not replace an I-94. It shows that a visa or other immigration application has been approved, but does not grant the applicant legal stay in the US.

For example, someone with an approved immigrant visa like an EB-1 or EB-2 would receive Form I-797B. Since immigrant visas like EB-1 and EB-2 do not grant applicants legal status in the US, these approval notices don't include an I-94 and therefore differ from Form I-797A approval notices.

Form I-797C Notice of Action

USCIS issues Form I-797C for a variety of purposes, including to notify applicants and petitioners of the following:

• Interview appointments
• Biometrics appointments
• Appointment rescheduling
• Case receipts
• Cas transfers
• A reopened case
• Case rejections

If you receive Form I-797C, read the notice carefully and communicate with your immigration attorney.

Form I-797D

Form I-797D accompanies benefit cards and explains any immigration benefits associated with a recent approval. For example, you will receive I-797 if your green card (also called permanent resident card) or work permit was recently approved.

Interested in exploring green card paths? Read more about employment-based green card petitions or chat with our team for one-on-one support.

Form I-797E Notice of Action

Form I797E is a Request for Additional (RFE). USCIS issues RFEs when they need additional information about a pending case. Form I-797E  details the exact documents USCIS is looking for regarding a pending case. The RFE notice will also include a due date by which you must respond. To ensure a visa approval, work with an experienced immigration team to prepare your RFE response.

Form I-797F Transportation Letter

US permanent residents can use Form I-797F to enter the US if their green card is lost or stolen abroad.

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