USCIS Temporarily Increases Automatic Extension Period for Certain EAD Applicants

n Might 3, 2022, U.S. Citizenship and Immigration Providers (USCIS) announced a temporary final rule (TFR) that will increase the automated extension interval for expiring employment authorization paperwork (EAD) for renewal candidates in sure classes for as much as 540 days. The TFR took instant impact on Might 4, 2022.

The TFR particularly applies to these EAD classes at the moment eligible for computerized 180-day extensions of labor authorization on the idea of well timed filed renewals. These categories embody the next:

  • Refugees admitted to the US fleeing persecution—Kind I-765 class code (a)(3)

  • Asylees granted asylum from persecution—(a)(5)

  • Dad and mom or the dependent youngsters of people that obtained everlasting residency as particular immigrants below part 101(a)(27)(I) – (a)(7)

  • Residents of Micronesia, the Marshall Islands, or Palau—(a)(8)

  • Applicants granted withholding of deportation or removing—(a)(10)

  • Beneficiaries of momentary protected standing (TPS), as nationals of nations to which they can not safely return—(a)(12) and (c)(19)

  • Spouses of principal E nonimmigrants with unexpired I-94s exhibiting E nonimmigrant standing—(a)(17)

  • Spouses of principal L-1 nonimmigrants with unexpired I-94s exhibiting L-2 nonimmigrant standing—(a)(18)

  • Applicants for asylum or withholding of deportation or removing—(c)(8)

  • Applicants for adjustment of standing to lawful everlasting residency (“green card” candidates)—(c)(9)

  • Applicants for suspension of deportation and cancellation of removing—(c)(10)

  • Applicants for creation of a document of lawful admission for everlasting residence—(c)(16)

  • Applicants for legalization below part 210 of the Immigration and Nationality Act (INA)—(c)(20) and (c)(22)

  • candidates for adjustment of standing to lawful everlasting residency below the Authorized Immigration Household Fairness (LIFE) Act, which permits sure undocumented people to regulate standing if they’d an immigrant petition or labor certification filed earlier than April 30, 2001—(c)(24)

  • Spouses of sure H-1B principal nonimmigrants with unexpired I-94s exhibiting H-4 nonimmigrant standing—(c)(26)

  • Beneficiaries of the Violence Towards Girls Act (VAWA)—(c)(31)

The TFR will apply to noncitizens with pending and well timed filed EAD renewal functions whose 180-day computerized extensions have lapsed and whose EADs have expired, in addition to noncitizens at the moment lined by 180-day computerized extensions. Noncitizens with pending renewal functions and legitimate EADs on Might 4, 2022, or who well timed file EAD renewal functions by October 26, 2023, shall be granted computerized extensions of as much as 540 days if their EADs expire whereas the renewal functions are pending. An computerized extension typically will finish upon notification of a last determination on the renewal utility or the tip of the utmost 540-day interval (that means, as much as 540 days after the expiration date on the applicant’s facially expired EAD), whichever comes earlier.

USCIS continues to take steps, comparable to implementing the TFR, to deal with vital backlogs in processing times related to quite a lot of elements, together with the 2019 hiring freeze due partly to an incapability to extend charges after 2016, the COVID-19 pandemic, and a rise in EAD preliminary filings and renewal filings in 2021. USCIS attributes the rise to (c)(9) filings ensuing from modifications in employment-based immigrant visa availability in addition to the “cyclical nature” of the (c)(8) pending asylum and (c)(33) Deferred Motion for Childhood Arrivals (DACA) classes.

The acknowledged objective of the TFR is for USCIS to succeed in a median three-month EAD processing time by the tip of fiscal yr 2023. The TFR will finish on October 26, 2023. Starting on October 27, 2023, computerized extensions of labor authorization will revert to durations of 180 days for eligible candidates.

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