The extension period for some employment authorization and Employment Authorization Documents (EADs) increases to a maximum of 540 days. U.S. Citizenship and Immigration Services (USCIS) announced this Temporary Final Rule (TFR) goes into effect immediately on May 4, 2022. The extension is an effort to provide continuity of employment while USCIS continues to address backlog issues. This is an extension from the automatic extension of 180 days. The total extension period maximum is 540 days.

To qualify, individuals must have a timely filed Form I-765 renewal application pending during the 18-month period after the TFR. Specific requirements apply including:

• Properly filed Form I-765 for a renewal of employment authorization and/or EAD before the current EAD expired, and
• Are otherwise eligible for a renewal, which means:
  • The renewal application is under a category that is eligible for an automatic 180-day extension and
  • The Category on the current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action.
  • Visit the USCIS webpage for a full list of qualifying categories
• Individuals who do not have a pending EAD renewal application, whose 180-day extension has ended, and those with an expired EAD may qualify for an extension of up to 540 days.
• Individuals must fulfill existing requirements to qualify for an EAD and be within the 540-day extension period.
• Noncitizens with a pending renewal application who are still under the 180-day automatic extension will be given the additional 360-day extension for a total of a 540-day extension past the date of current expiration.
• Noncitizens with pending renewal applications and a valid EAD or who have timely filed an EAD renewal application prior to October 27, 2023, will be granted an automatic extension of up to 540 days if the current EAD expires prior to the renewal application processing.

Once a final decision on the renewal application is received, the automatic extension period will end. The decision of the application will then become active for employment authorization. The 180-day automatic extension of employment authorization and EAD will replace the 540-day extension period on October 27, 2023, for qualifying individuals.

Individuals in the U.S. may file Form I-765, Application for Employment Authorization, and request employment authorization. Individuals with an immigration status that allows them to work in the U.S. without limits may also file Form I-765 to apply for an EAD and provide proof of employment eligibility.

USCIS backlogs and financial restraints have driven the backlog of cases. Further impacted by the COVID-19 pandemic, the backlog has grown. This TFR is an effort to ensure individuals continue to work to support themselves and their families as well as provide the much-needed employees to companies within the U.S.

If you have questions about your employment status or the employment status of your noncitizen workers, contact us. We actively follow ongoing updates to immigration policy and work with you to ensure you get the right advice.