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Key Points

  • On October 26, 2023, USCIS will end its temporary employment authorization policy
  • The Temporary Final Rule was implemented in May 2022
  • The rule automatically extended employment authorization to 540 days from 180 days
  • The extension is available to applicants who have filed or will file Form I-765 before the rule expires


In May 2022, US Citizenship and Immigration Services (USCIS) published a Temporary Final Rule that increased the automatic employment authorization extension to 540 days for some Employment Authorization Document (EAD) renewal applicants. Previously, the automatic extension was 180 days.

On October 26, 2023, the 540-day temporary employment authorization extension policy implemented by USCIS is set to expire, and the automatic extension will revert to 180 days. Eligible applicants who correctly filed Form I-765, Application for Employment Authorization, or who request an employment authorization extension on or before October 26, 2023, will remain eligible for the temporary 540-day extension. Applicants who file Form I-765 after the temporary rule expires will be eligible for extensions up to 180 days.

Additionally, applicants must otherwise be eligible for a renewal. Applicants must have a renewal application under a category that is eligible for an automatic extension, and the category that they list on their current EAD must match the “Class Requested” indicated on Form I-797C, Notice of Action.

Looking Ahead

USCIS introduced the temporary rule to address processing delays and reduce backlogs. The temporary rule is not expected to be extended, so applicants are encouraged to file Form I-765 before October 26, 2023, to receive the 540-day extension.

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)

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