Skip to content

Form I-797 (Notice of Action)

Definition

Form I-797, Notice of Action, is the family of notices USCIS sends to confirm it has received, approved, rejected or needs more evidence for an application or petition. For international nurses and doctors it is the paper trail of an I-140 or H-1B case: the receipt notice carries the case number and the approval notice is proof of the decision.

Also called: I-797, I-797C, I-797A, I-797B, I-797E, Notice of Action, USCIS approval notice, USCIS receipt notice

Checked against official sources on

What is Form I-797?

USCIS says Form I-797 is not a form you can fill out. It is the standard notice USCIS uses to communicate with applicants and petitioners. Each version has a different job:

  • I-797: communicates receipt or approval of an application or petition.
  • I-797A: issued as a replacement Form I-94, typically when USCIS extends or changes your status inside the US.
  • I-797B: approval of an alien worker petition.
  • I-797C: receipts, rejections, file transfers, and biometric or interview appointments.
  • I-797D: accompanies benefit cards.
  • I-797E: a request for evidence.
  • I-797F: a transportation letter issued overseas.

When nurses and doctors receive one

  • Nurses on the green card route receive an I-797C receipt when the employer files the I-140, and an approval notice when it is approved. Our priority date page explains why the dates on these notices matter.
  • Physicians on an H-1B receive notices for the employer's petition; a doctor already in the US may get an I-797A with a new I-94 attached. See H-1B visa.
  • J-1 physicians: ECFMG says lawful J-1 status is shown by a valid DS-2019 together with an I-94 or I-797.
  • Anyone applying for a work permit or green card in the US receives receipts and appointment notices on I-797C.

How to read and use your notice

  1. Find the receipt number. USCIS says it is three letters followed by 10 numbers.
  2. Check the notice type in the top corner, so you know whether it is a receipt, approval or request.
  3. Check names, dates of birth and classification against your passport. Ask the employer's representative to correct any error with USCIS.
  4. Track the case with the receipt number in Case Status Online or a my.uscis.gov account.
  5. If it is an I-797E, note the response deadline and send everything requested in one package.
  6. Keep the original safe and give copies to your employer, licensing board or consulate when asked.

Receipt versus approval

USCIS describes the I-797C as a notice of receipt, rejection or an appointment. It confirms that USCIS has the case, not that it has decided it. An approval notice confirms the petition, but an approved I-140 still does not give you a green card: you then wait for a visa number under the Visa Bulletin.

A rejection also arrives on an I-797C. USCIS says it rejects forms with missing required fields or improper signatures, and I-140 petitions filed with an expired labor certification, so a rejection notice means the case was never accepted and must be filed again. A free account at my.uscis.gov shows up to the last five actions on your case.

ICE also says that since July 31, 2013, the payment confirmation printed from fmjfee.com replaces the mailed I-797C receipt for the SEVIS fee.

Common problems

  • Treating a receipt as permission to work or travel.
  • Losing the approval notice, which you may need later for the visa interview or adjustment of status.
  • Missing an I-797E deadline, which can lead to a denial.

See USCIS for how the agency fits into the route.

Questions

No. USCIS uses the I-797C for receipts, rejections, transfers and appointments. An approval comes on a separate notice.

USCIS says the I-797A is issued as a replacement Form I-94. It usually comes with an approval of a change or extension of status inside the US.

It is printed on the notice and is three letters followed by 10 numbers. You use it to check the case online.

No. USCIS says Form I-797 is not a form you can fill out. Only USCIS issues it.

No. It approves the petition. The green card can only be issued once your priority date is current in the Visa Bulletin and the final application is approved.

Tell whoever filed the case, usually your employer's immigration representative, so they can ask USCIS to correct it. Errors in names or dates can cause problems at the visa stage.

Sources