You do not need the physical I-797 if you can present another valid I-9 set, but if your authorization depends on the approval’s attached I-94, you need that original I-94 unless the H-1B portability route applies.
“I am starting a new job in a week but haven't received the physical copy of my I-797 from my attorney yet. What documents can I use for I-9 verification?”
Summary
You may be able to complete I-9 without waiting for the mailed approval notice if you have another complete document set, a qualifying current I-94, or the H-1B portability documents. You also have until the end of the third business day after your first paid workday for document examination, unless the job itself lasts fewer than three business days.
Because you did not say what type of I-797 you have, use the branch that matches your documents and immigration category.
Present one unexpired document—such as an unexpired EAD, Green Card, or U.S. passport—or one identity document plus one work-authorization document. A common B+C set is an unexpired state driver’s license or ID plus an unrestricted Social Security card (Form I-9 Instructions, p. 4; USCIS Acceptable Documents).
An unexpired foreign passport plus a same-name, unexpired can be a set when the I-94 shows a nonimmigrant status that authorizes the proposed employment and the job does not conflict with its restrictions. If your current admission record is the one issued by CBP, you may print it using “Get Most Recent I-94” at https://i94.cbp.dhs.gov/home (USCIS Acceptable Documents; CBP I-94 guidance).
If this is a change of H-1B employers, allows work once the new employer properly files Form I-129 before your authorized stay expires. Your unexpired prior-employer I-94 plus foreign passport qualifies as ; the new employer writes “AC-21” and the Form I-129 filing date in Section 2 (M-274 §7.5).
A scan or photocopy alone does not complete ordinary in-person I-9 inspection. Employers generally examine original documents; even an eligible E-Verify employer using DHS’s remote alternative must view the originals during a live video interaction (Form I-9 Instructions, p. 4; M-274 §4.5).
Your employer must let you choose an acceptable document set and cannot insist on Form I-797 specifically.
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Watch out for
Next steps
These steps identify the fastest valid document route before your new job begins.
Today
Identify the exact notice type
Read the heading on the scan: I-797A usually carries an attached I-94; I-797C usually communicates a receipt or other action. Then compare the documents you physically hold with the routes below—do not treat the words “receipt notice” as an I-9 receipt automatically.
Requirements
Before onboarding
Choose one complete I-9 document set
Use one unexpired List A document if you have it. Otherwise, use an unexpired state driver’s license or ID with an unrestricted Social Security card, or another exact B+C combination shown on USCIS’s current list at https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents. Your employer cannot demand the I-797 instead.
Requirements
Before your first day
Print your current CBP I-94 if it covers this job
Go directly to https://i94.cbp.dhs.gov/home, select “Get Most Recent I-94,” and print the record. Pair it with your unexpired foreign passport only if the name matches, the period is unexpired, and the status authorizes this employment; if your latest period exists only on the I-94 attached to Form I-797A, this CBP printout does not replace that later attached record.
Requirements
If changing H-1B employers
Use the H-1B transfer procedure if it fits
Present the passport and unexpired prior-employer I-94. Your new employer completes a new Form I-9 and records “AC-21” plus the Form I-129 filing date in Section 2; a physical approval notice is not required to begin under this filing-based portability rule.
Requirements
Before the third business day
Arrange delivery of the original attached I-94 if needed
Ask the attorney to detach and send—or send the complete original notice containing—the attached I-94 by tracked overnight delivery now. A scan can help HR plan, but it does not replace the original document examination.
Requirements
First three business days
Complete Form I-9 on time
Complete and sign Section 1 no later than your first day of work. Present the chosen documents so your employer can complete Section 2 by the end of the third business day after that day; if the job lasts fewer than three business days, present them on day one.
Requirements
Legal sources
This answer is based on USCIS Form I-9 instructions, USCIS’s M-274 employer handbook and acceptable-document guidance, and CBP’s Form I-94 guidance.
Form I-9 Instructions
You choose the acceptable I-9 document set; the employer may not demand a particular document.
page 4
You cannot specify which documentation an employee may present from these Lists of Acceptable Documents. Employees must present one selection from List A or a combination of one selection from List B and one selection from List C.
Form I-9 Instructions
Documents are normally due within three business days and photocopies generally do not satisfy the standard procedure.
pages 3–4
You or your authorized representative must complete Section 2 by physically examining evidence of the employee's identity and employment authorization within three business days after the employee's first day of employment. Photocopies, except for certified copies of birth certificates, are not acceptable for Form I-9.
Form I-9 Lists of Acceptable Documents
A qualifying foreign passport and I-94 can establish both identity and work authorization.
List A, item 5
A foreign passport must be accompanied by a Form I-94/94A Arrival-Departure Record bearing the same name as the passport and containing an endorsement of the individual’s nonimmigrant status and authorization to work for a specific employer based on this status. This document may only be used if the period of endorsement has not yet expired and the proposed employment does not conflict with any restrictions or limitations listed on Form I-94 or I-94A, Arrival-Departure Record.
M-274 §4.4 Acceptable Receipts
The general receipt rule is for replacement of a lost, stolen, or damaged document—not ordinary delivery delay.
M-274 §4.4
A receipt showing that your employee has applied to replace a List A, B, or C document that was lost, stolen, or damaged. This receipt is valid for 90 days from the date of hire (meaning, first day of work for pay) or in the case of reverification, 90 days from the date employment authorization expired.
M-274 §7.5
A qualifying H-1B transfer can proceed using the prior employer’s unexpired I-94 and the worker’s passport.
§7.5, H-1B Employees Changing Employers (Porting)
An H-1B employee who is changing H-1B employers may begin working for the new employer as soon as the employer files a Form I-129 petition on behalf of the employee, however, the employer must do this before the employee’s period of authorized stay expires. You must also complete a new Form I-9 for this newly hired employee. An H-1B employee’s unexpired Form I-94 issued for employment with the previous employer, along with their foreign passport, qualifies as a List A document. You should write “AC-21” and enter the date you submitted Form I-129 to USCIS in the Additional Information field in Section 2.
M-274 §7.7
For an approved extension, the attached I-94—not merely the approval heading—is the employment-authorized-status evidence.
§7.7, Extensions of Stay for Other Nonimmigrant Categories
If USCIS approves the petition for an extension of stay, you will receive Form I-797 Approval Notice that includes an expiration date and an attached Form I-94. Enter the document title, number, and expiration date using Supplement B: Reverification and Rehire of Form I-9. You must give your employee the Form I-94, which is evidence of their employment-authorized nonimmigrant status.
CBP Form I-94 Guidance
CBP lets travelers print their electronic admission record for status or employment-authorization verification.
Arrival/Departure Forms: I-94
If a traveler would like a paper Form I-94, the traveler can print their own I-94 Form from the I-94 website using "Get Most Recent I-94" or by using the same option on the CBP Link mobile application. If travelers need the information from their Form I-94 admission record to verify immigration status or employment authorization, they are encouraged to get their I-94 Number from the I-94 website or by using the CBP Link mobile app.
USCIS EAD Automatic-Extension Notice
The October 2025 rule ended the general automatic-extension route for later-filed EAD renewals, while preserving qualifying earlier filings.
Renewal EAD applicants who file Form I-765 on or after Oct. 30, 2025, will no longer receive an up to 540-day automatic extension of their EAD and/or employment authorization. The Form I-797C, Notice of Action, receipt notice for a Form I-765 renewal application filed on or after Oct. 30, 2025, will now state the document is not evidence of employment authorization and cannot be used by itself or when presented with an expired EAD as proof of employment authorization. This IFR does not impact EADs that were automatically extended due to a Form I-765 renewal application being timely filed prior to Oct. 30, 2025.
USCIS I-90 Receipt/Green Card Extension Notice
An I-90 receipt notice can extend an expiring or expired Green Card, but the card and notice must be presented together.
When completing Form I-9, Employment Eligibility Verification, new employees may present an expiring or expired PRC with this receipt notice as a List A document that extends the PRC for 36 months from the Card Expires date on the front of the card.
These are the official USCIS and CBP rules published on the cited dates; immigration and I-9 rules can change.
This is general information about official processes, not legal advice, and SettleKit is not a law firm.
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