USCIS Temporarily Extends Automatic Extensions of Employment Authorization to Up to 540 Days

On Might 3, 2022, U.S. Citizenship and Immigration Providers (USCIS) introduced a Temporary Final Rule that quickly will increase the automated extension interval for employment authorization and Employment Authorization Paperwork (EADs) from 180 days to 540 days. This coverage will take impact on Might 4, 2022, and can grant an computerized extension of up to 540 days to sure EAD renewal candidates with a well timed filed Kind I-765, Utility for Employment Authorization renewal software pending in the course of the 18-month interval after publication of the rule. EADs authorize the employment of such international nationwide staff for a specified interval of time.

Eligible candidates embody those that:

  • Have correctly filed Kind I-765 for a renewal of their employment authorization and/or EAD earlier than their present EAD expired, and

  • Are in any other case eligible for a renewal in that:

    • The renewal software was filed below a category that’s eligible for an computerized 180-day extension, such because the partner of a principal E nonimmigrant, the partner of a principal L-1 Nonimmigrant, spouses of sure H-1B principal nonimmigrants, and people pending adjustment of standing, and so forth.; and

    • The class on the present EAD matches the “Class Requested” listed on the Kind I-797C Discover of Motion.

Noncitizens with a pending EAD renewal software whose EAD has expired and whose 180-day computerized extension has already lapsed might be granted a further interval of employment authorization and EAD validity, starting on Might 4, 2022, that may final up to 540 days from the expiration date of their EAD. These noncitizens could resume employment if they’re nonetheless throughout the up-to-540-day computerized extension interval and are in any other case eligible. Noncitizens with a pending renewal software nonetheless lined below the 180-day computerized extension might be granted a further up-to-360-day extension, for a complete of up to 540 days previous the expiration of the present EAD. Noncitizens with a legitimate EAD and a pending renewal software on Might 4, 2022, or noncitizens who well timed file an EAD renewal software earlier than Oct. 27, 2023, might be granted an computerized extension of up to 540 days if their EAD expires earlier than the renewal software is processed. This computerized extension interval ends upon notification of a remaining resolution on the renewal software or the tip of the up-to-540-day interval after the expiration date on the applicant’s EAD, whichever comes first.

USCIS has confronted rising backlogs of EAD functions, worsened by the Coronavirus (COVID-19) pandemic that prompted the federal government to quickly shut U.S. consulates and immigration workplaces. The closures, staffing shortages, and severely lowered capability brought on by COVID-19 have culminated in an unprecedented backlog of 1.5 million EAD functions, which has left hundreds unable to work legally and has exacerbated labor shortages. Although delays on the company stretch far past merely EADs, this new rule goals to tackle USCIS’ ever-increasing pending EAD caseloads, permitting the company the chance to tackle staffing shortages and implement further efficiencies towards the purpose of attaining a three-month cycle time for EAD functions by the tip of Fiscal 12 months 2023. The brand new rule will assist keep away from gaps in employment for noncitizens with pending EAD renewal functions and keep away from additional disruption for U.S. employers.

On October 27, 2023, computerized extensions of employment authorization and EAD validity will revert again to the up-to-180-day interval for these eligible candidates who well timed file Kind I-765 renewal functions.

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