7.7 Extensions of Stay for Other Nonimmigrant Categories

Other nonimmigrants also may receive extensions of stay if their employers file Form I-129, Petition for a Nonimmigrant Worker (or Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker for CW-nonimmigrants) with USCIS on their behalf, before their status expires. These employees are authorized to continue working while their petitions are being processed for a period not to exceed 240 days, or until USCIS denies the petition, whichever comes first. On these employees’ Form I-9, write “240-day Ext.” and the date Form I-129 was submitted to USCIS in the Additional Information box in Section 2. Also your employee may update Section 1 by crossing out the expiration date of their employment authorization noted in the attestation. The employee may write in the new date that the automatic extension of employment authorization ends and initial and date this update in the margin of Section 1.

Other categories include: CW-1 H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, R-1, TN, A3, E-1, E-2, E-3, G-5, and I. Note that individuals in the E-1 and E-2 categories are employers.

Go to uscis.gov/sites/default/files/files/form/i-129instr.pdf (PDF) for further instructions on filing extensions of stay.

See Section 7.7.1 Completing Form I-9 for Nonimmigrant Categories when Requesting Extensions of Stay.

For more information about employing other types of nonimmigrant workers, please visit uscis.gov.


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