Questions and Answers > EB-5 Requirements

Can I start a new job with an expired conditional green card and a I-829 receipt?

I am onboarding a new job; however, I do not see the I-829 receipt as an employment authorization document during the i-9 background check. It is not included in List A, B, or C documents for employment authorization on the USCIS website, either. I tried to get a I-551 stamp on my passport, but USCIS rejected my request. They told me it is not necessary because the receipt is enough for travel and work. Will I pass the I-9 E-verify when presenting the expired conditional green card and the I-829 Receipt, which extends my LPR status until August 2022? Can my employer cancel my contract because of the expired green card?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 4, 2021

  According to https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents, "A Form I-797 issued to a conditional resident may be an acceptable List C document in combination with his or her expired Form I-551. Form I-9 contact center can assist with questions on DHS-issued documents." Therefore, you should be able to pass the I-9 E-Verify process. Employers are not allowed to discriminate based on national origin. If the employee or job applicant has the acceptable documents, they cannot be discriminated against.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 3, 2021

  The I-829 receipt, like the I-751 receipt, extends the green card for 18 months. If the employer is confused, you can also apply for the temporary green card stamp that can be used for employment.

• Phuong Le

  Immigration Attorney

  Answered on March 3, 2021

  That is odd, normally it is sufficient to make an INFOPASS appointment and bring along your passport (with I-551 stamp) and your I-829 receipt, and the USCIS will issue a new stamp. Unless your passport is about to expire or they refuse to issue a new stamp because you just received it, there is probably some additional reason here. If you need help explaining your current status to your employer, it is worth contacting your immigration attorney to see if they can write a letter of explanation regarding your lawful status as your I-829 is pending. Good luck.

• Kristal Ozmun

  Immigration Attorney

  Answered on March 3, 2021

  Yes, you can work pursuant to the expired CPR card and I-829 receipt.

• Lynne Feldman

  Immigration Attorney

  Answered on March 3, 2021

  That should be enough for employment. Advise the employer, your green card is not expired. It is extended by the receipt for an additional 18 months, and thereafter, you can get I-551 stamps in your passport if the new 10-year card has not come.