Understanding Form I-797: A Guide To Immigration Notices & Next Steps

So, you have just received a Form I-797 from U.S. Citizenship and Immigration Services (USCIS) in your mail.  

You are excited because this form represents a big step in your immigration journey, but also a bit nervous since you’re unsure of what to do next. 

Is this just a notification, or do you need to take action? Should you contact someone, or can you handle everything on your own?  

We will break down the types of Form I-797 and explain the purpose of each. You will also get clear guidance on what steps to take after receiving it and how the attorneys at Spar & Bernstein can help you stay on track with your immigration process. 

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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Bradford H. Bernstein

What Is Form I-797? 

Form I-797, Notice of Action, is a document issued by the USCIS to inform you of important updates and decisions regarding your immigration application or petition.  

Other names used to refer to I-797 include “receipt notice” and “approval notice”. 

I-797 does not grant immigration benefits — it serves as an official acknowledgment of actions taken by USCIS on your case. 

Common Reasons For Receiving Form I-797 

Form I-797 can be issued for various reasons depending on your specific case and the stage of the immigration process you are in, such as: 

• Confirming that USCIS received your application or petition and it is being processed 

• Notifying you that your application or petition has been approved 

• Requesting additional documentation to support your case 

• Requesting you appear for a biometrics appointment at a designated time 

• Informing you that your petition or application has been transferred to a different USCIS office 

• Providing significant updates on your case 

How Long Does It Take To Get I-797 From USCIS? 

The time it takes to receive Form I-797 can vary based on the type of application or petition and USCIS processing times. 

Typically, you can expect to receive it within 4 to 6 weeks after submitting your documents.  

Types Of Form I-797  

To help applicants navigate the complex immigration process, USCIS issues different versions of Form I-797.  

Each of them serves a different purpose and provides important information, the most common including:  

I-797, Notice Of Action 

I-797 is the general form USCIS sends out to notify applicants about an action taken on their application or petition. It may indicate receipt or approval of your case. 

I-797A, Notice Of Action 

I-797A is issued to applicants as proof of their lawful status in the U.S., replacing Form I-94 arrival/departure record. The I-94 is issued by U.S. Customs and Border Protection (CBP) to track the entry and exit of non-citizens in the U.S. 

I-797B, Notice Of Action 

I-797B notice is given when a non-citizen worker petition, such as an H-1B or EB-2 visa, has been approved. 

Once applicants receive it, they need to schedule an appointment at a U.S. consulate or embassy for visa processing. 

I-797C, Notice Of Action 

I-797C serves multiple functions, including: 

• Confirming receipt of an application 

• Notifying about a biometrics appointment or an interview 

• Providing updates like case re-opening, transfers or rejections 

Check out our extensive guide on how long it takes to get a receipt from USCIS. 

I-797D 

I-797D typically accompanies the delivery of benefit cards such as Green Cards, Employment Authorization Documents (EAD), or travel documents. 

Its purpose in this case is to explain the card’s use and provide important information. 

I-797E, Notice Of Action 

I-797E is issued when USCIS needs additional information or documentation to process an application. This can include proof of employment, financial statements, birth or marriage certificates, or copies of passports and travel records. 

Applicants must provide the requested documents within a specified timeframe to avoid delays or denials. 

I-797F: Transportation Letter 

I-797F is issued to individuals who need to return to the U.S. after their valid visa or Green Card has been lost or stolen while traveling abroad. 

I-797 does not replace your Green Card nor guarantee admission into the U.S. 

During your application process, you can receive different versions of Form I-797, including a receipt notice, biometrics appointment notice, request for evidence, and approval notice. The type of I-797 you get will depend on the stage of your application process. 

What To Do After Receiving Form I-797 

Once you receive Form I-797, it is important to review it carefully and take the next steps based on the type of notice. 

1. Verify The Information 

Check if your personal details are correct, including name and case number. If you notice errors, report them to USCIS immediately to avoid future delays or complications. 

2. Follow The Instructions 

Some types of I-797, like Form I-797E, require you to submit additional documents or attend an appointment.  

Be sure to meet all requirements within the specified deadline to keep your case moving forward. 

3. Keep A Copy For Your Records 

In case no further action is required, keep a copy of the form for your personal records. It may come in handy if you need to prove your application status or legal presence in the U.S.  

4. Contact An Immigration Attorney 

If you are unsure about how to proceed — especially if USCIS requests evidence or you are informed that your petition is denied — call a trusted law firm like Spar & Bernstein. 

Our knowledgeable immigration attorneys will review your Form I-797 and provide legal advice on your next steps. 

Need Help With Form I-797? Contact Spar & Bernstein 

From visa petitions to Green Card applications, immigration processes can be challenging due to the various immigration forms that need to be filed and notices to consider.  

The Law Offices of Spar & Bernstein have over 60 years of experience in immigration law, including family and employment immigration, fiancé and marriage-based visas, waivers, and asylum and refugee protection.  

Our experienced and compassionate attorneys specialize in guiding clients through these complex processes, including handling notices like Form I-797.  

If you receive an I-797E, our team will review the form, help you gather the necessary documentation, and ensure your response is accurate and timely. This will increase the chances of your approval, minimizing the likelihood of delays.  

We also assist with I-797A notices, ensuring your updated I-94 is correct and advising on its use for travel or status updates. 

If you are dealing with an I-797B, we provide step-by-step support for a smooth transition from petition approval to receiving a visa.  

Additionally, Spar & Bernstein helps you understand and respond to other notices, like I-797C, which may include appointment schedules or rejections, providing important insights into your next steps. 

Our law firm is committed to guiding you through every stage of the immigration process, working tirelessly to help you achieve a successful outcome for your case. 

FAQs About Form I-797 

For further clarification on how Form I-797 impacts different aspects of the immigration process, refer to our frequently asked questions below. 

What happens if I don’t respond to Form I-797E on time? 

If you fail to respond to Form I-797E within the stated deadline, USCIS may deny your application or petition due to insufficient evidence related to your case. 

Can I use Form I-797C to track my case status? 

Yes, you can use the receipt number on Form I-797C to track your case status on the USCIS website, keeping you updated on the progress of your application or petition. 

What should I do if my information on Form I-797 is incorrect? 

If there is incorrect information on your Form I-797, call USCIS customer service or submit a correction request. Addressing errors will help you avoid delays. 

Do I need to keep Form I-797 after my case is completed? 

Yes, be sure to keep all Form I-797 notices for your records, even after your case is completed. They may be required for future applications, renewals, or proof of past immigration actions. 

What is the difference between a receipt notice and an approval notice? 

A receipt notice (I-797C) confirms that USCIS has received your application or petition.  An approval notice (I-797 or I-797B) indicates that your petition has been reviewed and approved. 

Do I need to respond to Form I-797? 

Not all types of Form I-797 require a response. For example, Form I-797C (receipt notice) and Form I-797 (approval notice) may only serve as updates on your application’s progress. However, Form I-797E requires prompt response within certain deadlines. 

Will my attorney receive a copy of Form I-797? 

If you work with an immigration attorney, they should receive a copy of Form I-797 in addition to the one sent to you. This helps ensure both you and your legal representative are updated on your case progress. 

What should I do if my I-797 hasn’t arrived yet? 

If your I-797 is delayed beyond reasonable processing time, check your application status online or contact USCIS.