USCIS Increases Automatic Extension of Certain Employment Authorization Documents
USCIS is increasing the automatic extension of certain employment authorization documents to further contribute to the extensive modernization efforts that have streamlined and improved access to work permits for eligible noncitizens. On April 4th, USCIS announced a temporary final rule (TFR) to extend the period of automatic extension of certain employment authorization documents (EADs) from a maximum of 180 days to a maximum of 540 days. This announcement continues the improvements that have significantly reduced EAD processing times over the past year.
The temporary measure announced is expected to prevent disruptions in employment authorization and/or documentation for certain noncitizens with pending EAD renewal applications and stabilize the continuity of operations for U.S. employers.
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This temporary measure will apply to any eligible applicant who has timely and properly filed an employment renewal application starting from October 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 employment renewal applicants who timely and properly file their Form I-765 application during a 540-day period.
Without this measure, nearly 800,000 EAD renewal applicants, including those eligible for employment authorization as asylees or asylum seekers, Temporary Protected Status (TPS) applicants or recipients, and Green Card applicants, would be at risk of experiencing an interruption in their employment authorization. Approximately between 60,000 and 80,000 employers would be negatively affected as a result of such a lapse. EADs are generally valid for the period of authorized temporary stay. This TFR does not extend the duration of the authorized temporary stay.
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