Immigration Law Insights

U.S. Citizenship and Immigration Services (“USCIS”) announced a Temporary Final Rule that will increase the 180-day automatic extension period for some Employment Authorization Documents (“EADs”) to 540 days beyond the EAD’s expiration date. The rule, which was published as a response to massive USCIS delays in processing EAD renewal applications, became effective immediately on May 4, 2022, and will remain in effect until October 27, 2023.

In order to benefit from the new rule, an applicant must have timely filed an EAD renewal application and fall within an eligible EAD category. Any EAD category previously eligible for the 180-day extension will receive the additional 360-day extension. These categories include, but are not limited to, some spouses of E, L-1, and H-1B non-immigrants as well as individuals with pending Adjustment of Status applications. A full list of eligible categories can be found here.

All eligible applicants with a timely filed EAD renewal application whose 180-day automatic extension has expired will now receive the additional 360-day extension. If the applicant has been forced to stop working due to an EAD expiration before the Final Rule became effective, they can now resume working, as long as they remain within the newly granted extension period and are otherwise eligible to work.

If an employee is eligible for a 540-day automatic extension, they can present the following documents for I-9 verification:

1. Employee’s expiring/expired EAD card; and

2. Employee’s I-797C, Notice of Action confirming a timely filed EAD renewal.