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Employment Visas 240-Day Rule

The following work visa applications to extend are automatically authorized to continue employment with the same employer for a period not to exceed 240 days, beginning on the date of the expiration of the authorized period of stay: A-3, E-1, E-2, G-5, H-1, H-2A, H-3, I, J-1, L-1, O-1, O-2, P-1, P-2, P-3, aliens having a religious occupation pursuant to * CFR 214.2(R), and TN. To document this extension of employment authorization on the form I-9, any expiration date noted in Sections 1 and 2 should be updated clearly to reflect this extension. This update should be clearly initialed and dated.

If the employer files a timely extension of stay petition, the employee may continue to work for a period not to exceed 240 days while the application is pending, beginning on the date of expiration of the authorized period of stay (this date is controlled by the I-94 date of expirations not the I-797 Approval Notice). If DHS denies the application for the extension of stay, employment authorization automatically expires on the date of the government’s notification of denial.