Skip to main content
This is the USCIS preview website. Visit uscis.gov for the official USCIS site.
USCIS Response to Coronavirus (COVID-19)
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
Horizontal Menu
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
  • Contact us
  • Multilingual Resources
  • Ask Emma
Main navigation
Skip to main content
  • I-9 Central
    • Form I-9 Related News
      • Archived Form I-9 News
    • Temporary Policies Related to COVID-19
      • Questions and Answers Related to COVID-19
    • Complete & Correct Form I-9
      • Completing Section 1, Employee Information and Attestation
      • Completing Section 2, Employer Review and Attestation
      • Completing Section 3, Reverification and Rehires
      • Exceptions
      • Special Categories
      • Retention and Storage
      • Self-Audits and Correcting Mistakes
      • Special Rules for E-Verify Users
    • Form I-9 Acceptable Documents
      • Receipts
      • Who is Issued This Document?
      • Combination Documents
      • Employment Authorization Extensions
      • Examining Documents
    • Employee Rights and Resources
      • Preventing Discrimination
      • Filing a Discrimination Claim
    • Legal Requirements and Enforcement
      • Form I-9 Inspections
      • Penalties
    • Form I-9 Resources
      • (EAD) Automatic Extension Calculator
      • Handbook for Employers M-274
      • Employment Eligibility Webinars
      • I-9 Central Questions & Answers
    • Form I-9 Contact Us
    • E-Verify
Breadcrumb
  1. Home
  2. I-9 Central
  3. Complete & Correct Form I-9
  4. Temporary (Nonimmigrant) Workers

Temporary (Nonimmigrant) Workers

Employers must generally file a petition with USCIS to legally hire a nonimmigrant as a temporary worker. Once the employer files “Form 129, Petition for a Nonimmigrant Worker" for a temporary worker, USCIS will:

  • Send a receipt to the employer indicating that the petition was received. No receipt is sent if a petition is rejected.
  • Notify the employer if the petition is incomplete and:
  • Ask for more information

or

  • Reject the petition and return the fee
  • Approve or deny the petition 

Petition (Form I-129) Approval

If a potential employee is in the United States, he or she can begin working once USCIS approves the Form I-129 petition and the employer completes Form I-9 provided the petition contained a change of status or extension of stay request that was also approved.

If a potential employee is outside of the United States or ineligible to change his/her status while in the United States:

  • The petition will be sent to the U.S. consulate nearest the prospective employee’s foreign residence.
  • The prospective employee can then apply at the U.S. consulate for a nonimmigrant visa.
  • If the consulate issues a visa, the prospective employee may travel to the United States to apply for admission.
  • If admitted, the employee may begin working for the employer and must complete Form I-9.

A few classifications allow a nonimmigrant to obtain permission to work in the United States without an employer filing Form I-129 for the nonimmigrant:

  • Treaty traders (E-1)
  • Treaty investors (E-2)
  • Australian specialty occupations (E-3)
  • NAFTA professionals (TN)

Extension of stay with the same employer

To extend the period for which a nonimmigrant employee was admitted, an employer must file a new Form I-129 petition for the employee. Generally, the employee may continue working for the same employer for up to 240 days or until USCIS makes a decision on the petition, whichever is sooner.

Form I-9

The employer should write “240-Day Ext.” and the date he or she submitted the Form I-129 petition to USCIS in the margin of Form I-9 next to Section 2.

To show that the employer filed a petition on the employee’s behalf, it is suggested that the employer retain the following documents with the employee’s existing Form I-9:

  • A copy of the new Form I-129
  • Proof of payment for filing a new Form I-129
  • Evidence that you mailed the new Form I-129 to USCIS

Employers must reverify the employee’s employment authorization in Section 3 once they receive a decision from USCIS.

Changing Employers

A nonimmigrant employee can change employers. However, the new employer first must file a labor condition application (e.g., H-1B petitions) or temporary labor certification (e.g., H-2 petitions) and then file a new Form I-129 petition with the approved labor certification.  The employee cannot begin working for the new employer until USCIS approves the petition. There are two exceptions to this requirement.

1. H-1B

Under the American Competitiveness Act in the Twenty-First Century (AC-21), an employee currently in H-1B status may begin working for a new employer as soon as the new employer files a Form I-129 petition for the employee, if certain requirements are met. If the employee is not currently in H-1B status, he or she cannot change employers or begin working until USCIS approves the Form I-129 petition.

Form I-9

The new employer must complete a new Form I-9 for this newly hired employee. The H-1B employee may present the Form I-94 indicating H-1B nonimmigrant status issued for employment with the previous employer along with his or her foreign passport as a List A document.  The new employer should write “AC-21” and the date he or she submitted the Form I-129 petition to USCIS in the margin of Form I-9 next to Section 2.

To show that the employer filed a petition on the employee’s behalf, it is suggested that the employer retain the following documents with the employee’s existing Form I-9:

  • A copy of the new Form I-129
  • Proof of payment for filing a new Form I-129
  • Evidence that you mailed the new Form I-129 to USCIS

Employers must reverify the employee’s employment authorization in Section 3 once USCIS makes a decision on the petition.

2.  H-2A

An H-2A worker, for whom, during his or her period of admission, a new employer files a petition for an extension of stay in H-2A status,may not work for he new employer until USCIS approves the Form I-129 petition, unless that employer is an E-Verify employer in good standing. An H-2A worker may work for an E-Verify employer as soon as that employer submits a new Form I-129 petition for the worker. In this case, the H-2A worker is authorized to work for up to 120 days from the “Received Date” on the receipt (Form I-797) USCIS will issue the employer upon receiving the petition.  The employer must remain an E-Verify employer in good standing in order for the H-2A worker to remain employment authorized while the petition is pending. If the employer terminates the company’s participation in E-Verify, the H-2A worker is not employment authorized.  

If USCIS denies the petition, the H-2A worker is authorized to work for 15 days after the denial date. While the petition is pending, the H-2A worker is subject to the same conditions and limitations as the initial authorization

Form I-9

The new employer must complete a new Form I-9 for this newly hired employee. The combination of the H-2A worker’s unexpired Form I-94/I-94A indicating his or her H-2A status and his or her foreign passport is a List A document.  If this document combination is presented, the new employer should write “120-Day Ext.” and the date he or she submitted the Form I-129 petition to USCIS in the margin of Form I-9 next to Section 2

To show that the employer filed a petition on the employee’s behalf, it is suggested that the employer keep the following documents with the employee’s existing Form I-9:

  • A copy of the new Form I-129
  • Proof of payment for filing a new Form I-129
  • Evidence that you mailed the new Form I-129 to USCIS
  • Receipt notice (Form I-797) acknowledging that USCIS has received the new Form I-129

Employers must reverify the employee’s employment authorization in Section 3 once USCIS makes a decision on the petition.

Last Reviewed/Updated:
02/13/2017
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov