On May 3, 2022 - USCIS announced a Temporary Final Rule that temporarily increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs) from 180 days to 540 days. The TFR regarding automatic EADs and employment authorization has caused a great deal confusion.
The TFR is valid immediately from May 4, 2022 through October 15, 2025. The TFR expands automatic extension period of expiring EADs for certain renewal applicants from the previous length of 180 days to up to 540 days. The rule is in response to massive backlogs related to EAD renewal applications currently pending with USCIS.
Both employers and employees will benefit from the TFR, which reflects the Biden Administration's willingness to implement a solution to the growing processing times and backlog. "EAD renewal applicants are losing their jobs and employers suddenly are faced with finding replacement workers during a time when the U.S. economy is experiencing more job openings than available workers."
Who is affected by the TFR?
1. Certain Noncitizens with pending EAD renewal applications and expired EADs - noncitizens with a pending EAD renewal application whose 180 day automatic extension period has lapsed whose EAD has expired will be granted an additional period of employment authorization and EAD validity beginning May 4, 2022, which will last up to 540 days from the expiration date of their EAD. These people may resume employment if they are still within the 540 day automatic extension period and are otherwise eligible.
2. Noncitizens with pending EAD renewal application s who are covered by the 180 day extension - Noncitizens with a pending EAD renewal application still covered under the 180 day automatic extension will be granted an additional 360 day extension, for grand total of 540 days past the expiration date of their original EAD.
3. Noncitizens with a pending EAD renewal application AND have a valid EAD on May 4, 2022 - Noncitizens with pending EAD renewal applications and valid EAD as of May 4, 2022, will be granted an automatic extension to their EAD of up to 540 days if the EAD expires before the renewal application is processed.
4. Noncitizens who timely file an EAD renewal application before October 27, 2023 - Noncitizens who timely file an EAD renewal application before October 27, 2023 will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.
Who is eligible for this Extension?
|
The eligibility category you listed on your Form I-765 renewal application |
Description |
|
(a)(3) |
Refugee |
|
(a)(5) |
Asylee |
|
(a)(7) |
N-8 or N-9 |
|
(a)(8) |
Citizen of Micronesia, Marshall Islands, or Palau |
|
(a)(10) |
Withholding of Deportation or Removal Granted |
|
(a)(12) |
Temporary Protected Status (TPS) Granted |
|
(a)(17) |
Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status* |
|
(a)(18) |
Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status* |
|
(c)(8) |
Asylum Application Pending |
|
(c)(9) |
Pending Adjustment of Status under Section 245 of the Act |
|
(c)(10) |
Suspension of Deportation Applicants (filed before April 1, 1997) |
|
(c)(16) |
Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972) |
|
(c)(19) |
Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”. |
|
(c)(20) |
Section 210 Legalization (pending I-700) |
|
(c)(22) |
Section 245A Legalization (pending I-687) |
|
(c)(24) |
LIFE Legalization |
|
(c)(26) |
Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status |
|
(c)(31) |
VAWA Self-Petitioners |
If you have questions, please feel free to contact Attorney Shahzad R. Khan at 972.961.3095.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment