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USCIS Increases Auto-Extension Period for EAD Cards

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USCIS Increases Auto-Extension Period for EAD Cards

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With a new rule effective May 4, 2022, USCIS has announced that the automatic extension period for employment authorization documents (EADs) will increase from 180 to 540 days. The issuance of this Temporary Final Rule is an acknowledgment of the systemic delays in the adjudication of EAD applications and the hardship such delays are inflicting on applicants and their employers.

The new rule only applies to categories that could already benefit from the previously existing 180-day extension provisions (see table of categories below).

To qualify, applicants must be renewing in an applicable category and must have applied for renewal prior to the expiration of their last EAD. 

The 540-day extensions will be applicable to those whose renewal applications are currently pending and those who timely file qualifying renewal applications until October 26, 2023, at which time the rule will revert to 180-day extensions.

For those with a qualifying EAD renewal application pending who have already seen their 180-day extension lapse, they can resume employment starting May 4, 2022 by showing their expired EAD card and their I-765 receipt notice so long as they are within 540 days of the expiration of the EAD and the underlying benefits application remains pending. Current clients are welcome to contact us with questions. If you are not a current client and wish to discuss how this new rule might affect your case, please contact our office to schedule a consultation.

Renewal Category Description
(a)(3) Refugee
(a)(5) Asylee
(a)(7) N-8 or N-9
(a)(8) Citizen of Micronesia, Marshall Islands, or Palau
(a)(10) Withholding of Deportation or Removal Granted
(a)(12) Temporary Protected Status (TPS) Granted
(a)(17) Spouse of principal E nonimmigrant with an unexpired I-94 showing E nonimmigrant status
(a)(18) Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status
(c)(8) Asylum Application Pending
(c)(9) Pending Adjustment of Status under Section 245 of the Act
(c)(10) Suspension of Deportation Applicants (filed before April 1, 1997)
Cancellation of Removal Applicants
Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16) Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(19) Pending  initial application for TPS where USCIS determines applicant  is  prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
(c)(20) Section 210 Legalization (pending I-700)
(c)(22) Section 245A Legalization (pending I-687)
(c)(24) LIFE Legalization
(c)(26) Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
(c)(31) VAWA Self-Petitioners

 

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