Key Points
- USCIS will temporarily increase the automatic extension period for certain EADs and employment authorization to 540 days
- The USCIS Temporary Final Rule (TFR) announcing the extension will take effect on May 4, 2022
- The TFR will remain in place through October 27, 2023
- Only EADs that are already eligible for the existing 180-day extension may receive an additional 360-day extension for a total of up to 540 days
- Noncitizens with a pending renewal application when the TFR is published will receive up to a 360-day extension (for a total of up to 540 days) past the expiration date of their EAD
- Noncitizens who have a pending renewal application on May 4, 2022, or who file a timely EAD renewal application before October 27, 2023, under an eligible EAD category, will receive the extension
Overview
US Citizenship and Immigration Services (USCIS) will temporarily increase the automatic extension period for specific employment authorization and Employment Authorization Documents (EADs) up to 540 days starting May 4, 2022.
What are the Changes?
USCIS introduced a Temporary Final Rule (TFR) to temporarily increase the automatic extension period for certain EADs from 180 days to 540 days. The rule is intended to help avoid gaps in employment and provide more stability for US employers. Only EADs that are already eligible for the existing 180-day extension may receive an additional 360-day extension for up to 540 days. The TFR is in effect until October 27, 2023, when automatic extensions of EAD validity and employment authorization will return to 180 days for eligible applicants.
Noncitizens whose renewal application is pending at the time of the TFR’s implementation will receive the 360-day extension and the existing 180-day extension for a total extension period of up to 540 days past the expiration date of their current EAD. Noncitizens who have a pending renewal application and valid EAD on May 4, 2022, or who file a timely EAD renewal application before October 27, 2023, will receive an automatic extension of up to 540 days if their EAD expires before the renewal application is processed. Noncitizens whose EAD renewal application is pending but whose 180-day extension has lapsed and whose EAD has expired will receive an extension of employment authorization and EAD validity up to 540 days from the expiration date on the EAD so that they may resume employment within the 540-day extension period, provided they are otherwise eligible for an extension.
Looking Ahead
The automatic extension of up to 540 days will typically end when USCIS has decided on the individual’s renewal application or when the 540-day period granted to the individual expires, whichever comes sooner.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)
