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6.7 Extensions of Stay for Other Nonimmigrant Categories

Nonimmigrants in other categories may receive extensions of stay if their employers timely file Form I-129 (or Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker for CW-nonimmigrants) with us. These employees are authorized to continue working for up to 240 days while USCIS processes their petition, or until USCIS makes a decision on your petition, whichever comes first. You should write “240-day Ext.” and the date you submitted Form I-129 to USCIS in the Additional Information box in Section 2.

Other categories include: CW-1 H-1B, H-1B1, H-2A, H-2B, H-3, J-1, 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. (Individuals in the E-1 and E-2 categories are employers).

You may read the Form I-129 Instructions for more information on filing extensions of stay.

Form I-9 Requirements When Requesting Extensions of Stay

Keep the following documents with the employee’s existing Form I-9 to show that you filed for an extension of stay on their behalf:

  • A copy of the new Form I-129 or Form I-129CW;
  • Proof you paid the filing fee; and
  • Proof you mailed the new petition to USCIS.

After submitting the petition to USCIS, USCIS will send you Form I-797C acknowledging that your petition is pending. Once you receive the Form I-797C, you should keep it with the employee’s Form I-9 and you no longer need to keep a copy of the Form I-129 application, proof of payment, and mailing receipt with the Form I-9.

If USCIS approves the petition for an extension of stay, you will receive Form I-797A that includes an expiration date and an attached Form I-94. Enter the document title, number, and expiration date in Section 3 of Form I-9. You must give your employee the Form I-94, which is evidence of their employment-authorized nonimmigrant status.