On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule that temporarily increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs) from 180 days to 540 days. This policy will take effect on May 4, 2022, and will grant an automatic extension of up to 540 days to certain EAD renewal applicants with a timely filed Form I-765, Application for Employment Authorization renewal application pending during the 18-month period after publication of the rule. EADs authorize the employment of such foreign national workers for a specified period of time.
Eligible applicants include those who:
Have properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and
Are otherwise eligible for a renewal in that:
The renewal application was filed under a category that is eligible for an automatic 180-day extension, such as the spouse of a principal E nonimmigrant, the spouse of a principal L-1 Nonimmigrant, spouses of certain H-1B principal nonimmigrants, and those pending adjustment of status, etc.; and
The category on the current EAD matches the “Class Requested” listed on the Form I-797C Notice of Action.
Noncitizens with a pending EAD renewal application whose EAD has expired and whose 180-day automatic extension has already lapsed will be granted an additional period of employment authorization and EAD validity,...
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