Visto n' Visa

Who receives the original I-797?

In the H-1B process, the original I-797 typically stays with the sponsoring company that filed the petition, while the beneficiary receives a copy. Learn why this document is a key piece of your immigration case.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 13, 2026
1 min read
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In the H-1B visa process, the I-797 (known as the Notice of Action) is the notice that USCIS issues to confirm that it received, accepted, or approved a petition. Because the H-1B petition is filed by the employer, the original I-797 is typically issued in the name of the sponsoring company that filed the petition.

In practice, the original document stays with the company or the legal representative who handled the filing. The beneficiary (the person named for the visa) normally has access to a copy, which is sufficient to track the case status and to proceed with subsequent steps.

The I-797 is important because it proves the petition status and supports later steps, such as scheduling the consular interview. Keep the copy you receive in a safe place and always verify the authenticity of any communication through official channels only.

Notification rules and formats can change, so if you have any doubt about who should retain the original in your specific case, confirm with the official source (USCIS) or consult a specialist.

Learn more about H-1B

Initial validity
3 years
Extension
Up to 6 years total
Annual cap
85,000 visas
Processing
6-12 months
All about H-1B

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

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Who receives the original I-797?

In the H-1B process, the original I-797 typically stays with the sponsoring company that filed the petition, while the beneficiary receives a copy. Learn why this document is a key piece of your immigration case.

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