Wolfsdorf Rosenthal LLP

Effective Jan. 17, New Rule Affects Form I-9 Completion For Certain Employees


Effective 17 January, 2017, a new rule called “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers was passed which affects the completion of Form I-9 for certain employees. The rule that went into effect amends DHS regulations and provides for the automatic extension of the validity periods of certain Employment Authorization Documents, particularly Form I-765.

This automatic extension has been provided by the regulatory amendments for up to 180 days. Certain conditions also have to be met by the employee as listed below:

  • The employee must have timely filed to renew Form I-765, or the Employment Authorization Document (EAD).
  • The employee must be applying to renew the EAD in the same category as the previous EAD. The thing to note here is that A12 and C19 are considered the same category for this extension.
  • The employee must fall in a category that is eligible for the extension.

The regulations are being amended by the Department of Homeland Security (DHS) for certain employment-based immigrant and nonimmigrant visa programs. The final rule which went effective January 17, 2017, provides several benefits to participants in those programs. Some of the benefits being provided by the final rule are listed below:

  • The rule provides improved processed and increased certainty for those U.S. employers who are seeking to sponsor and retain immigrant and nonimmigrant workers
  • It provides greater job flexibility and stability for those workers
  • The rule provides increased transparency and consistency in the application of DHS policy related to affected classifications

Most of the changes are being made to improve the ability of U.S. employers to hire and retain high skilled workers who are waiting to become lawful permanent residents and who are beneficiaries of approved employment-based immigrant visa petitions. The changes also aim to increase the ability of such workers to seek promotions, change employers, pursue other employment options, or to accept lateral positions with current employers.

For more information on Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Rule, you should contact an Immigration attorney.

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