Automatic Extension Period Increased for Certain Employment Authorization Applicants

By: Lihua Tan

United States Citizenship and Immigration Services (USCIS) published a new Temporary Final Rule (TFR) on May 3, 2022 to automatically extend certain Employment Authorization Documents (EADs) for a period of up to 540 days.

The TFR only applies to those EAD categories currently eligible for an automatic 180-day extension. It provides 360 days of additional automatic extension time to eligible applicants with a timely filed Form I-765 renewal application pending during the 18 month period after publication of TFR. The extension will be terminated once the renewal application is processed or at the end of the 540 days.

The TFR is effective immediately on May 4, 2022 and valid until October 26, 2023. Beginning October 27, 2023, EAD automatic extension periods will return to the original 180 days for those eligible applicants who timely submit Form I-765 renewal applications.

USCIS continues to face COVID-19 pandemic related delays and high caseloads. The change aims to close employment gaps for noncitizens and address USCIS backlogs by shortening the EAD cycle time to three months.

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For help obtaining an EAD or other case-specific questions, please contact your Chugh, LLP immigration professional.