Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or have received Temporary Protected Status or asylum.
As announced in the 2022 TFR, automatic extensions of employment authorization and EAD validity will be the original up to 180-day period for those eligible applicants who timely file a Form I-765 renewal applications on or after Oct. 27, 2023.
In May 2022, USCIS had announced a temporary final rule (TFR) that increased the automatic extension period for EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days. As announced then, beginning Oct. 27, 2023, automatic extensions of employment authorization and EAD validity will revert to the original up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications. This change is not retroactive; all previous up to 540-day automatic extensions will remain in place. For individuals who received an increased automatic extension under this rule, the automatic extension generally will end when they receive a final decision on their renewal application or the end of the up to 540-day period, whichever comes earlier.
USCIS says it is in the process of determining whether there is a need for a new regulatory action similar to the May 2022 TFR, notwithstanding past and ongoing operational improvements and efforts to accelerate EAD processing more broadly.
For individuals who received an increased automatic extension period under the TFR, the increased automatic extension will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.
Meanwhile, USCIS recently published a Policy Manual update increasing the maximum EAD validity period to five years for initial and renewal applications approved on or after Sept. 27, 2023, for the following categories:
- Certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as:
- paroled as refugees,
- granted asylum, and
- recipients of withholding of removal; and
- Certain noncitizens who must apply for employment authorization, including applicants for asylum and withholding of removal, adjustment of status, and suspension of deportation or cancellation of removal.
For more information, visit our Automatic Employment Authorization Document Extension page.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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