USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. One of the provisions in this rule will automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766) for certain individuals who apply on time to renew their EADs in the same employment eligibility category. The rule states that, in these situations, an employee who has an expired EAD will be able to provide that expired EAD in combination with Form I-797C, Notice of Action, for the renewal application as a List A document for Form I-9. The rule is scheduled to be effective Jan. 17, 2017. We will provide more information and guidance regarding the automatic extension and other Form I-9 aspects of the rule prior to the effective date. For information about other aspects of the rule, please read the News Release.

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