Form I-797
Notice of Action
Official notice issued by USCIS to communicate actions taken on an immigration petition or application, including receipts, approvals, and requests for evidence.
Filing Fee
N/A
Processing Time
Issued by USCIS at various stages of case processing
Who Files
N/A - This form is issued by USCIS, not filed by applicants.
What is Form I-797?
Form I-797 is not a form that applicants file. It is a notice issued by USCIS to communicate the status of a petition or application. There are several types: I-797 (Approval Notice), I-797A (Approval Notice with I-94 attached), I-797B (Receipt Notice for consular processing), I-797C (Receipt/Transfer/Rejection Notice), and I-797E (Request for Evidence or Notice of Intent to Deny).
Key Points
Frequently Asked Questions
QWhat are the different types of I-797?
I-797 is the standard approval notice. I-797A includes an I-94 arrival/departure record at the bottom. I-797B is used when the case requires consular processing. I-797C is the receipt notice confirming USCIS received the filing. I-797E is a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
QIs the I-797 proof of immigration status?
The I-797 approval notice serves as evidence of an approved petition but is not by itself proof of immigration status. The I-797A with attached I-94 can serve as proof of status for certain nonimmigrant categories. Always keep the original I-797 in a safe place.
QWhat should I do if I receive an I-797E (Request for Evidence)?
Respond promptly and thoroughly. An RFE gives you a specific deadline (usually 30 to 87 days) to provide additional evidence. Failure to respond by the deadline will result in a decision based on the existing record, which often means denial. Consult an immigration attorney if you are unsure how to respond.
Practical Tips
Related Forms
Petition for a Nonimmigrant Worker
Filed by U.S. employers to petition for a foreign worker to come to or remain in the U.S. temporarily in a nonimmigrant worker classification.
Immigrant Petition for Alien Workers
Filed by U.S. employers to petition for a foreign worker to become a lawful permanent resident based on an employment-based immigrant visa category.
Application to Register Permanent Residence or Adjust Status
Filed by individuals already in the U.S. to adjust their status to permanent resident (Green Card).
Petition for Alien Relative
Filed by a U.S. citizen or permanent resident to establish a relationship with an eligible relative who wishes to immigrate.
Related Visa Types
H-1B Specialty Occupation Visa
Work visa for professionals in specialty occupations requiring a bachelor's degree or higher.
L-1 Intracompany Transferee Visa
Visa for employees transferring from a foreign office to a U.S. office of the same company.
O-1 Extraordinary Ability Visa
Visa for individuals with extraordinary ability or achievement in their field.
U.S. Permanent Resident Card
Permanent residency in the United States, granting the right to live and work permanently.
Moving to New York?
This page is general information. Reinvent NY does not provide immigration or legal services and does not prepare or file visa applications; for your own case, consult a licensed immigration attorney. Once you are coming, we help with apartments, offices and setting up your business in New York.
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