USCIS Announces 48-Month Receipt Validity for Conditional Permanent Residents Filing Form I-829 or I-751

February 2, 2023

The U.S. Citizenship and Immigration Services (USCIS) has announced it will extend the validity of receipt notices for conditional permanent residents filing for the removal of conditions on permanent residency. This announcement comes in response to the extended processing times for the above filing. Accordingly, the agency will provide receipt notices showing a 48-month extension of validity for permanent resident cards (green cards). The agency will send these notices to individuals who have filed Forms I-829 or I-751 on time.

USCIS has decided to extend the validity of green cards for people who properly file a Petition to Remove Conditions on Residence (Form I-751). Individuals who obtained their status by marriage can use Form I-751. Otherwise, anyone who gained their position by making qualifying investments 48 months past the expiration date can file the Petition by Investor to Remove Conditions on Permanent Residence (Form I-829). This change took effect on January 11, 2023, for Form I-829, and on January 25, 2023, for Form I-751.

Previously, these receipt notices supplied people with proof of a 24-month extension. However, due to the long processing times of 61 months for Form I-829 and 14- to 32.5 months for Form I-751, many applicants struggled to get their annual I-551 stamps at local USCIS offices. They need these stamps to maintain proof of their permanent residence status for employment, traveling, and keeping their driver’s licenses. With the USCIS’s announcement, these processing times should decrease. For example, they expect the reduced frequency of these appointments should ease the processing times. Unfortunately, processing times will not improve immediately or in the near future.

The USCIS will also issue new receipt notices automatically to conditional permanent residents. Residents who previously received shorter receipt notices and still have pending applications can expect the new notices. After getting one, applicants can present it with their expired green card as evidence of continued status while their status continues pending.

Employers must complete the employment eligibility verification process (Form I-9) for all employees. Unfortunately, verifying employment authorization and re-verifying conditional permanent residents’ authorizations often prove challenging. This complication is due to ever-shifting regulations and lengthy processing delays. The best way to ensure continued compliance and avoid costly fines is to invest in an electronic I-9 management system. This system can guide employers through the verification process. It also provides secure and convenient storage for Form I-9s and related paperwork.

Learn more about automating your employment eligibility verification and ensuring compliance with I-9 Compliance.