On May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for certain Employment Authorization Document (EAD) categories up to 540 days, effective immediately and valid through Oct. 15, 2025.
Historically, certain EAD categories were only eligible for an extension up to 180 days. The TFR will help avoid employment gaps for foreign nationals with pending EAD applications.
If an employee’s automatic extension lapsed prior to May 4, 2022, the employment authorization automatically resumed, and the EAD validity period began on May 4, 2022 and will continue up to 540 days from the expiration of the EAD card.
If an employee’s EAD card has expired but the employee still has time remaining in the 180-day extension, they are now able to receive an additional 360 days, for a total of 540 days past their EAD “Card Expires” date.
If an employee’s EAD card has not expired yet and the Form I-765 is still pending, then the employee will receive an automatic extension of up to 540 days once their EAD card expires before their Form I-765 is adjudicated.
If an employee files an EAD renewal application between May 4, 2022 and Oct. 26, 2023, then the employee’s EAD will automatically be extended up to 540 days if their EAD card expires before their Form I-765 is adjudicated.
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