The U.S. Citizenship and Immigration Services (USCIS) has issued a Temporary Final Rule increasing the automatic extension period of employment authorization for certain applicants from 180 days to up to 540 days, effective May 4, 2022.
See the Temporary Final Rule, here.
USCIS announced this new temporary rule in recognition of current processing delays for employment authorization documents (EADs) and to prevent gaps in employment authorization.
The increased extension period applies only to applicants who are already eligible for the 180-day extension under existing USCIS policy. Applicants are eligible if they satisfy the following criteria:
- They filed an application to renew their employment authorization before their current EAD expired;
- They are applying for work authorization in the same category as their current EAD; and
- They are applying under a work authorization category eligible for an automatic extension. See the full list of eligible categories, here.
For these applicants, an expired EAD is considered unexpired when combined with a Form I-797C indicating a renewal application was timely filed. The automatic extension period will begin May 4, 2022, and will last up to 540 days from the expiration date on their EAD cards. The 540-day extension will be available until October 27, 2023, after which point the automatic extension period will revert to 180 days.
Please contact your Dentons Cohen & Grigsby Immigration lawyer if you have any questions.
