With regard to the Employment Based Non-Immigrant and Visa Petitions, the Federal Government has published a final rule to modernize and improve several aspects of certain employment-based non-immigrant and immigrant visa programs.
USCIS has also amended regulations to allow 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.
A provision in this rule will automatically extend the employment authorization and validity of Employment Authorization Documents (EAD) for certain individuals who apply on time to renew their documents in the same employment eligibility category.
The rule establishes that, in these situations, an employee who has an expired EAD will be able to provide that expired EAD in combination with a Notice of Action Form, for the renewal application as a List A document for the Employment Eligibility Verification Form. This rule will be effective on January 17, 2017. With regard to the automatic extension, the Federal Government will provide with more information prior to the effective date.
Some of the categories within the ranking of the temporary Non-immigrant Worker Classification:
- Extraordinary Ability
- Treaty Traders and Qualified Employees
- Treaty Investor