Significant New Automatic Extension Period for Certain EADs

May 5, 2022

by Luke Phillips

On May 4, 2022, U.S. Citizenship and Immigration Services (“USCIS”) published a Temporary Final Rule authorizing an increase of the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for certain renewal applicants who have filed a Form I-765, Application for Employment Authorization.  The automatic extension period will be raised from up to 180 days to up to 540 days from the expiration date displayed on the EADs of eligible renewal applicants.  Under this USCIS rule, the increase will apply to eligible renewal applicants with pending Forms I-765 as of May 4, 2022, including those applicants whose employment authorization lapsed following the initial 180-day extension period, as well as those applicants who file renewal Forms I-765 during the 540-day period beginning on or after May 4, 2022, and ending October 26, 2023.   Please note that this rule does not apply to individuals applying for initial EADs.

For further details regarding the increase of the automatic extension period, please see the USCIS news release on the topic.

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