USCIS announced a temporary final rule (TFR) that amends existing Department of Homeland Security regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (EADs) for certain EAD renewal applicants who have timely and properly filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs.
The TFR, which will be effective on April 8, 2024. The extensions will help prevent gaps in employment authorization or documentation for certain noncitizens with pending EAD renewal applications.
Key Changes and Eligibility
- This TFR will apply to EAD renewal applicants eligible to receive an automatic extension who timely and properly filed their Form I-765 applications on or after Oct. 27, 2023, if the application is still pending on the date of the publication.
- The TFR will also apply to EAD renewal applicants eligible to receive an automatic extension who timely and properly file their Form I-765 application during a 540-day period that begins with the rule’s publication.
- As acceptable proof of the automatic extension of employment authorization and/or EAD validity, eligible renewal applicants can present their qualifying EAD and Form I-797C receipt notice indicating the same employment eligibility category as their underlying EAD.
- In the case of an EAD based on Temporary Protected Status, the EAD and notice must contain either the A12 (TPS granted) or C19 (TPS applicant) category.
The automatic extension period will revert to up to 180 days for EAD renewal applications filed after the end of the 540-day filing period established by the rule.
Current Processing Times
USCIS has reduced EAD processing times overall and streamlined adjudication processing, however, based on current processing times for Form I-765 renewal applications, DHS has determined that it is imperative to increase the automatic extension period for certain EAD renewal applicants from up to 180 days to up to 540 days for a temporary period.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.