The United States Citizenship and Immigration Services (USCIS) announced that the automatic extension of expiring employment authorization and/or EADs will revert to the original 180-day period for eligible applicants who timely file Form I-765, Application for Employment Authorization, renewals on or after October 27, 2023.
In May 2022, USCIS announced a temporary final rule that increased the automatic employment authorization period available to certain applicants with pending EAD renewals from up to 180 days to up to 540 days. The May 2022 temporary final rule included the provision that the increased auto-extension period would end on October 27, 2023. Although the increased automatic extension period has ended, the Service is in the process of determining whether new regulatory action like the May 2022 temporary final rule is needed.
For EAD applicants who received an increased automatic extension period under the May temporary final rule, the increased automatic extension will end when they receive a final decision on their EAD renewal application or when the 540-day period expires (counted from the expiration date of the employment authorization and/or EAD), whichever comes first.
In further EAD news, on September 27, 2023, the USCIS updated its Policy Manual to increase the maximum validity period for certain categories of EADs to five (5) years. For additional information, please find our bulletin on the topic here.
We will continue monitoring this situation, keep abreast of any additions, and notify you of any material changes.
Please get in touch with any member of the Dentons Immigration team if you have any questions regarding the above.
