USCIS Increases Automatic EAD Extension Period For Certain Applicants

USCIS has announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days.

The increase will be effective on May 4, 2022, and will apply only to those EAD categories currently eligible for an automatic extension of up to 180 days. The TFR provides up to 360 days of additional automatic extension time to eligible applicants with a timely-filed Form I-765 renewal application, for a total of up to 540 days.

Under the provisions of the TFR, this increase will be available to

  • eligible EAD renewal applicants with pending Forms I-765 as of May 4, 2022, including those applicants whose employment authorization may have lapsed following the initial 180-day extension period, and
  • any eligible applicant who files a renewal Form I-765 during the period beginning May 4, 2022, and ending October 26, 2023.

Eligible foreign nationals with a pending EAD renewal application,

  • whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022 and lasting up to 540 days from the expiration date of their EAD;
  • who are still covered under the 180-day automatic extension will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD;
  • who have a valid EAD as on May 4, 2022, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.

Eligible foreign nationals who timely file an EAD renewal application between May 4, 2022 and October 26, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed. Beginning October 27, 2023, automatic extensions of employment authorization and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications.

The automatic extension will generally end upon notification of a final decision on the renewal application or the end of the up to 540-day period after the expiration date on the applicant’s facially expired EAD, whichever comes earlier.

If have any questions about the automatic EAD extension or need help filing for a Work Permit, contact VisaPro Law Firm today. Our experience attorneys will be happy to assist you.

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