Form I-797 for Temporary Workers

Form I-797 will be issued to prospective U.S. employers by the Department of Homeland Security (DHS) upon completion of Form I-129 and its subsequent approval by U.S. Citizenship and Immigration Services (USCIS). A copy is usually sent to the applicant and to the registered legal representative. The original full page of Form I-797 must be included with certain visa applications.

If this is the initial application for status in a labor visa category, the application for a visa may be made up to 60 days in advance of the date on the approved I-797, but initial entry into the U.S. may not be made more than ten days prior to the validity date on the I-797 or after the validity date has passed.

This is not the case for persons extending or revalidating their existing visa status. Such persons may apply for and be issued a visa at any time with their currently valid and new I-797.

The I-797 is issued by Citizenship and Immigration Services (CIS) upon its approval of the Form I-129, as filed by the employer.

To download Form I-129, please click here.

What to do if your work visa expires while you are in the U.S.

You are permitted to stay in the United States for the duration of your I-94 (the card you were given at the time of your initial entry into the U.S.) The validity generally matches the time indicated on the I-797 (Notice of Approval). Even when your visa expires it is the expiration date on the I-94/I-797 that counts. However, if you plan to travel outside of the US/Canada/Mexico, you will need to get new visa to re-enter the U.S.