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New Rule Effective Jan. 17 Affecting Form I-9 Completion for Certain Employees

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On Jan. 17, 2017, a new rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” amending DHS regulations went into effect. The regulatory amendments provide for the automatic extension of the validity periods of certain Employment Authorization Documents (Form I-766) for up to 180 days if the employee:

  • Timely filed to renew Form I-766, Employment Authorization Document (EAD);
  • Is applying to renew such EAD in the same category as the previous EAD (A12 and C19 are considered the same category for this extension); and
  • Is in a category that is eligible for the extension

For more information, please see the Auto-Extended EAD Fact Sheet (PDF) Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Rule.

Last Updated Date:
05/27/2025