Your Guide to I-797 Notices of Action

The I-797 Notice of Action is an important form issued by the U.S. Citizenship and Immigration Services (USCIS) to communicate important information to applicants and petitioners, such as: 

• when a case is received
• a case is transferred to another service center
• a request for evidence (RFE) is issued
• an appointment is scheduled (biometrics, interview) 
• a decision has been made in the applicant’s case or 
• a replacement I-94 has been issued. 

USCIS uses different types of Form I-797 notices to communicate such information to applicants. 

In this guide, you will learn all there is to know about these notices and what they mean for your immigration case. 

What does a I-797 notice of action mean? 

The I-797 Notice of Action is a letter that the United States Citizenship and Immigration Services (USCIS) sends to applicants who have filed an immigrant or non-immigrant visa application with USCIS. 

These notices are issued at various different stages of the application process to inform applicants of important developments in their cases, and to notify them of actions taken on their applications or petitions. 

Above all, the I-797 Notice of Action helps applicants track the status of their applications and understand what actions need to be taken next.

Types of Form I-797 Notices

There are seven different types of I-797 notices, and each one is used for a particular purpose. The different I-797 notices and their purposes are as follows:

We will analyze each type of notice in turn. 

I-797 Notice of Action 

USCIS issues the I-797 Notice of Action when it approves an application or petition. It is often simply referred to as an “approval notice.” This is an important document that should be kept in a safe place to document the approval of your application or petition. Moreover, approval notices can sometimes be used as evidence to obtain certain types of benefits depending on your state of residence, such as a driver’s license. 

Need help to ensure your application is approved? Contact TN Visa Expert today!

Form I-797A: Notice of Action 

Another important notice is the I-797A Notice of Action. It is issued to applicants as a replacement Form I-94. The I-797A is vital for noncitizens who have filed an application or petition for a work visa, such as an H-1B, TN, or L-1 and is commonly associated with extension or change of status petitions. 

This notice indicates the approval of the application or petition, and contains two important portions for employers and their workers. 

The petitioner or employer retains the top portion, while the bottom portion, containing the I-94 section, is reserved for the beneficiary or employee. 

The I-94 on the bottom of the notice will replace a previously issued I-94, and will indicate the worker’s new I-94 validity dates delineating their authorized period of stay in the visa classification requested. 

Form I-797B: Notice of Action 

Another type of notice of action is the I-797B. 

This notice is issued when a worker petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). It is reserved for employees who will process their visas at a U.S. Embassy, Consulate overseas, or designated Port of Entry. 

Like the I-797A, this document contains two portions. The employer retains the top portion, and the employee retains the bottom portion. The bottom portion will contain the petition’s validity dates and indicate that the noncitizen worker will apply for his or her visa at a U.S. Consulate or Embassy abroad. 

Accordingly, this notice plays a crucial role when seeking visa stamping at a U.S. Consulate or Embassy abroad. It must be presented by the noncitizen worker at his or her consular visa appointment.   

Form I-797C: Notice of Action 

USCIS issues the I-797C Notice of Action to communicate various important updates relating to an application or petition filed with the agency, including:

• Receipt Notices: USCIS issues a receipt notice following the filing of a petition or application. The letter confirms receipt of the case by USCIS as well as payment of filing fees. It also contains a receipt number to track the case online.
• Rejection Notices: A rejection notice is issued when a filing is not accepted for filing due to incomplete information for acceptance for processing, incorrect information, or incorrect payment.
• Transfer Notices: USCIS occasionally transfers cases to other offices to improve processing times. A transfer notice informs petitioners and applicants when files are relocated to another USCIS office.
• Re-open Cases: A notice of reopening advises that a previously-denied case has been reopened and is being processed.
• Appointment Notices: Appointment notices may be issued to the applicant for biometrics (fingerprints), an interview, or other types of USCIS appointments. This letter communicates the appointment date, time, and location for the applicant to appear.

Receipt Notices

If you receive an I-797C receipt notice, it means that USCIS has received your application or petition on the ‘received date’ indicated on the notice. 

Keeping a record of this notice is very important not just because it confirms the filing of your application with USCIS, but also because it includes the receipt number for your case which you will need to track the status of your application on the USCIS case tracker, or to call USCIS to make inquiries about your case. 

For green card applicants, this notice also contains your ‘priority date’ which indicates your place in line while waiting for green card availability. 

Form I-797D: Notice of Action 

The I-797D Notice of Action is a letter that accompanies certain benefits cards issued to applicants. For example, if USCIS mails a permanent resident card (green card) or employment authorization card (work permit), it will be accompanied by Form I-797D. The notice will explain the benefits and provide instructions on how to use the benefit card.

Form I-797E: Notice of Action 

Another type of Notice of Action is the I-797E, more commonly known as Request for Evidence (RFE). This letter is a request for additional documentation to support an application or petition that you’ve filed with USCIS. 

If you receive this letter, you must submit the evidence requested by the deadline stated on the notice. If you fail to respond or submit the evidence requested, your case may be delayed or denied by USCIS. 

Form I-797F: Notice of Action (Transportation Letter)

Finally, the Form I-797F Notice of Action is a transportation letter commonly issued to lawful permanent residents (green card holders) overseas so that they may travel to the United States. It is designed to allow travel for those whose green cards have been lost, stolen, or mutilated. 

However, it can also be requested by permanent residents who have been outside the United States for less than one year, to gain admission to the United States by filing Form I-131A, Application for Travel Document (Carrier Documentation).

This document may also be issued alongside certain benefit cards. For example, when USCIS issues your Green Card (lawful permanent resident card) or work permit (employment authorization document) in the mail, you may also receive a Form I-797D.

How do I receive an I-797 Notice of Action? 

I-797 Notices are sent by mail by the U.S. Citizenship and Immigration Services (USCIS) as soon as the agency has taken action on your application or petition. 

What Happens After Receiving a I-797 Notice of Action? 

What follows after you receive Form I-797 depends on the specific type of I-797 you receive.

For example, if you receive an I-797 notice of receipt, you won’t need to do anything but wait until you receive further instructions. If you receive an I-797A extension of status, you also do not need to do anything but continue your stay in the US.

However, if you receive an I-797C, the notice will include instructions on what to do next, such as appearing for your biometrics appointment or attending a USCIS interview.

Moreover, if you receive an I-797E Request for Evidence (RFE), you should immediately submit the requested information by the stated deadline. Those who receive an I-797F transportation letter, can arrange their trip back to the US.

Can I Work with an I-797 Notice of Action? 

Generally, the I-797 Notice of Action is not valid for employment authorization. 

However, certain types of I-797 Notices accompany employment authorization documents that allow you to work in the United States. 

For example, the I-797D is issued when sending successful applicants their work permits or green cards which can be used to engage in lawful employment in the United States. 

Additionally, there are exceptions for certain visa classifications. When in doubt, please seek legal assistance to determine whether your approval notice authorizes you to work in the United States. 

What to Do After Receiving I-797 Notice of Action 

After receiving the I-797 Notice of Action, the first thing to do is to read it carefully to understand its content and any accompanying instructions.

Since I-797 notices are used to communicate different case updates, whether further steps need to be taken will depend on the specific notice you have received. Ensure you follow all instructions and adhere to any deadlines mentioned in your notice. If you need legal assistance, please contact a qualified immigration attorney. 

Any questions? Contact us now.

FAQs About I-797 Notices of Action 

Below are some of the most frequently asked questions about I-797 Notices of Action.

What should I do if I lose my I-797 notice? 

If you lose your I-797 notice, you can file Form I-824 and pay the required filing fee to get a duplicate notice. Having your receipt number and relevant details can facilitate the process when contacting USCIS for a duplicate. 

Can I travel with an I-797 notice?

No. Only a transportation letter can be used to travel to the U.S. or an official travel document such as a green card, or valid advance parole document. 

Does an I-797 notice mean my application is approved? 

It depends what type of notice you have received. Generally, an I-797 notice indicates that USCIS has taken action on your application, which may or may not be an approval. When the action taken is an approval of your visa application, you’ll receive an I-797 notice of approval.

However, many times, I-797 notices will include many types of actions that are not necessarily approvals. Thus, it’s important to check the specific type of I-797 notice you have received and review its contents to determine whether it is an approval notice. 

How long will it take to receive a decision on my case after receiving an I-797 notice? 

How long it takes to receive a decision after receiving an I-797 notice depends on the type of notice. For example, if your I-797 requires you to take specific actions like attending a biometrics appointment, interview appointment, or submitting additional evidence, you will need to first complete these actions within the timeframes mentioned in the notice before you can receive a decision. 

Got my second NOA (I-797) for K1 Visa—what’s next?

This is great news. Now that the application has been approved, it is being sent to the NVC (National Visa Center).
Follow the instructions on the I-797 which is to phone NVC after 30 days if they have not contacted you..
Remember, your patience will be tested, so be as patient as possible..
If you want to some interview preparation support due to your situation, email us at support@tnvisaexpert.com

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