USCIS To Increase The Automatic Extension Period For Certain EADs

USCIS has announced that they will increase the automatic extension period for certain timely filed renewals for expiring Employment Authorization Documents (EAD)s from 180 days to 540 days.

This is similar the the extended period permitted during COVID-related processing delays which sunset October 26, 2023. USCIS has clarified that “this temporary measure will apply to eligible applicants who timely and properly filed an EAD renewal application on or after Oct. 27, 2023, if the application is still pending on the date of publication in the Federal Register. The temporary final rule will also apply to eligible EAD renewal applicants who timely and properly file their Form I-765 application during a 540-day period that begins with the rule’s publication in the Federal Register.” This welcome extension is a temporary measure designed to help prevent “already work-authorized noncitizens” from having their employment authorization lapse while awaiting EAD renewal applications.

As before, this extension does not apply to every category of EAD, but the return of this temporary extension will be a welcome measure to mitigate potential breaks in work authorization for eligible categories.