Tuesday May 3, 2022

UP TO 540 DAYS AUTOMATIC EXTENSION FOR “CERTAIN” EMPLOYMENTAUTHORIZATION DOCUMENT (EAD) RENEWAL APPLICANTS

by Rabindra Singh

Effective May 4, 2022, Department of Homeland Security (DHS) is “temporarily” amending existing DHS regulations related to expiring employment authorization and Employment Authorization Documents (EADs) for certain renewal applicants. The prior extension period of up to 180 days will automatically increase to up to 540 days from the expiration date stated on their current EADs.

Being fully aware of the suffocating processing delays, USCIS is using this temporary rule as a bandage to prevent or mitigate the risk of gaps in employment authorization and documentation.

The up to 540-day automatic EAD extension only applies to those EAD categories currently eligible for the previous up to 180-day automatic extension of employment authorization and EAD validity. 

USCIS will provide up to 360 days (for a total of up to 540 days) of additional automatic extension time to eligible applicants with a pending EAD renewal application on the temporary rule’s effective date and for 540 days thereafter (that is, from May 4, 2022 to Oct. 26, 2023).

Applicants with pending I-765 renewal applications as of May 4, 2022, will not receive a new receipt notice reflecting the increased EAD automatic extension period. However, Form I-797C notices that refer to a 180-day automatic extension will still meet the regulatory requirements for employment authorization. Therefore, individuals who show Form I-797C notices that refer to a 180-day extension, along with their qualifying EADs, still receive the up to 540-day extension under this rule. 

HSD Immigration will continue to monitor EAD processing related developments and share any updates, as necessary.

If you have any questions about this recent development or need assistance with any type of immigration matter, including EAD application filings, please contact HSD Immigration via phone [(312) 291-1234] or email [rsingh@hsdimmigration.com].

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