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USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants

The USCIS just released a Temporary Final Rule (TFR) in early May of 2022, explaining how they will begin doing automatic extension periods of work permits for certain applicants. This Temporary Final Rule increases the automatic extension period for Employment Authorization Documents (EADs) and employment authorization. However, this TFR is only available to certain EAD renewal applicants, which will extend to up to 540 days. This TFR has been enacted on May 4th, 2022, which was implemented in an attempt to behoove the avoidance of gaps in employment purposes for any noncitizen that is pending EAD renewal applications. USCIS has decided that this TFR will behoove non citizens to continue to be employed and to stabilize operations for U.S. employers.


However, it is important to note that the TFR will only apply to those individuals that have filled out the I-765 renewal application pending during the 18-month period after the publication of the TFR. This decision made by USCIS has been granted due to USCIS working through an enormous amount of caseloads after they were impacted and exacerbated by the COVID-19 pandemic. By implementing this additional time, the timeframe will allow USCIS to address shortages in staff, the implementation of additional efficiencies, and will allow USCIS to strive toward the goal of a three-month cycle time for EAD applications that was announced by the Director Jaddou. This announcement is thrilling as EAD applications generally have a three-month processing time. It is important to note that beginning October 27t, 2023, automatic extensions of employment authorization and EAD validity will return back to the 180-day period for the Form I-765 renewal applications.


This is also very thrilling for non citizens whose pending EAD renewal applications whose 180-day automatic extension has lapsed and whose EAD has expired. These applicants 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, such that they may resume employment if they are still within the up to 540-day automatic extension period and are otherwise eligible. Additionally, any noncitizen that has a pending renewal application and valid EAD on May 4th, 2022, or who files the EAD renewal application before October 27th, 2023 will be granted an automatic extension of up to 540 days if their EAD expires before their renewal application is processed.


This announcement was made by the USCIS, and can be followed throughout at

https://www.uscis.gov/newsroom/news-releases/uscis-increases-automatic-extension-period-of-work-permits-for-certain-applicants. “As USCIS works to address pending EAD caseloads, the agency has determined that the current 180-day automatic extension for employment authorization is currently insufficient,” said USCIS Director Ur M. Jaddou. “This temporary rule will provide those non citizens otherwise eligible for the automatic extension an opportunity to maintain employment and provide critical support for their families while avoiding further disruption for U.S. employers.”

To view additional information on the basis of the I-765 Form, https://www.uscis.gov/i-765, contains any additional information or details.


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