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USCIS Expands Continued Work Authorization for Certain Nonimmigrants Pending Petition Approval

New USCIS regulations permit certain nonimmigrants to continue their employment for up to 240 days after their status has expired if their employer has timely filed with USCIS to extend their stay in the United States.

Effective February 16, 2016, persons in employment authorized H-1B1 status from Chile and Singapore whose employers have timely filed to extend their stay automatically continue employment while USCIS decides the employer’s extension petition.  Similarly, persons in employment authorized E-3 status from Australia, and persons in employment authorized CW-1 status from the Commonwealth of Northern Mariana Islands also are entitled to seek this benefit.

H-1B1, E-3 and CW-1 nonimmigrants are now added to the list of many other employment authorized nonimmigrants for whom this benefit has been available, including A-3, E-1, E-2, G-5, H-1B, H-2A, H-2B, H-3, I, J-1, L-1, O-1, O-2, P-1, P-2, P-3, R-1 and TN.

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