DHS to Temporarily Extend Employment Authorization for Certain Renewal Applicants

The Department of Homeland Security (DHS) announced a Temporary Final Rule (TFR) automatically extending employment authorization and Employment Authorization Documents (EADs) for certain renewal applicants. From May 4, 2022, to October 26, 2023, USCIS will provide up to 360 additional days (for a total of up to 540 days) of automatic extension time to eligible applicants with a timely filed pending EAD renewal application.
Applicants with pending I-765 renewal applications as of May 4, 2022, will not receive a new receipt notice reflecting the increased EAD automatic extension period.
What to Expect
  • Noncitizens with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022, and lasting up to 540 days from the expiration date of their EAD.
  • Noncitizens with a pending renewal application still covered under the 180-day automatic extension will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD.
  • Noncitizens with a pending renewal application and valid EAD on May 4, 2022, or who timely file an EAD renewal application before Oct. 27, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.
The automatic extension generally will end upon notification of a final decision on the renewal application or the end of the up to 540-day period, whichever comes earlier.

Beginning Oct. 27, 2023, automatic extensions of employment authorization and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications.

Background

From 2019 to 2020, USCIS was challenged by financial and operational issues, agency hiring freezes, and reduced capacity, which were then further exacerbated by a significant increase in EAD initial and renewal filings in 2021. As a result, there is a backlog of 1.5 million work-permit applications and the current processing times for Form I-765 are such that the 180-day automatic extension period for certain renewal applicants’ employment authorization and EADs is no longer sufficient to prevent or mitigate the risk of gaps in employment authorization and documentation.

USCIS says this temporary increase will allow USCIS to address staffing shortages, implement additional efficiencies, and ultimately reduce processing times for EAD applications.

Erickson Insights

This 360-day extension should create more workforce certainty for employers and stability for workers, mitigating the risks of employment gaps. Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.