The United States Citizenship and Immigration Services (USCIS) recently announced a temporary final rule that will impact the automatic extension period for employment authorization and Employment Authorization Documents (EADs).
Under the new rule, the extension period for EAD renewal applicants will increase from 180 days to 540 days. The objective behind this change is to prevent lapses in employment authorizations.
Many are curious about who will be eligible to apply for the extension. The rule will apply to two categories of EAD applicants. The first category includes those who timely and adequately filed their Form I-765 applications on or after October 27, 2023, and have a pending application as of April 8, 2024. The second category consists of applicants who submit their applications in a timely manner on the same form between April 8 and September 30, 2025.
Those who submit a request to renew Form I-765 as of April 8 and fall into one of the eligible categories will receive a Form I-797C, notice of receipt of Notice of Action with an automatic extension period of 540 days.
Regardless of immigration status, any immigrant can work in the United States by obtaining authorization from USCIS through an Employment Authorization Document. This document is necessary to demonstrate employment authorization to an employer and to show evidence of processing a Form I-485 or Form I-589.
The new temporary final rule will provide much-needed relief for EAD applicants and help streamline the renewal process for employment authorization in the United States.