U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for Employment Authorization Documents (EADs) available to certain EAD renewal applicants. The TFR, which takes effect immediately on May 4, 2022, applies to EAD renewal applications filed on or before October 26, 2023, including those applications which were filed prior to May 4. The rule is limited to those EAD categories that were previously eligible for an automatic 180-day extension. Under the temporary rule, USCIS has increased the automatic 180-day extension by up to 360 days, for a total of up to 540 days.
USCIS allows foreign nationals in a number of different statuses to apply for EADs. Historically, processing times for an EAD application were roughly three months. Over the past several years, USCIS processing has slowed dramatically, and it often takes over one year for USCIS to issue an EAD card. This delay has resulted in the temporary loss of work authorization for a large number of these noncitizen workers. DHS implemented a regulation in January 2017 to provide an automatic, 180-day extension of EADs for certain categories of EAD holders, which takes effect when the individual files a timely request for an EAD extension. However, this 180-day extension has not been sufficient due to long delayed USCIS processing times for EAD extension applications.
Through this TFR, USCIS seeks to avoid these gaps in employment...
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