Earlier this year the Department of Homeland Security (DHS) published a Final Rule which extends the 240-day employment authorization rule to H-1B1, E-3, and CMNI (CW-1) workers, adds a "comparable evidence" provision for outstanding professors and researchers, and clarifies and updates several point regarding work authorization and extension filing procedures for the above nonimmigrant visa classifications. On February 16, 2016, the final rule became effective, thus permitting E-3, H-1B1, and CW-1 nonimmigrant workers to now benefit from the rule permitting a 240-day extension of employment authorization following a timely-filed request for extension of stay.
Employers should keep this new rule in mind when documenting continued employment authorization during I-9 re-verification and discuss with immigration counsel if they have any questions regarding what documents serve as acceptable proof of continued employment authorization following this regulatory change.