Exciting News for EAD applicants

On April 4, 2024, USCIS announced a temporary final rule that increases the automatic extension period for employment authorization and EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days.

This temporary final rule will apply to two categories of EAD applicants: (1) applicants who timely and properly filed their Form I-765 applications on or after Oct. 27, 2023, if the application is still pending on April 8, 2024; and (2) applicants who timely and properly file their Form I-765 application on or after April 8, 2024, and on or before Sept. 30, 2025.

Are you interested to know if you are eligible for the automatic EAD extension? Below is a series of questions to help you assess whether you qualify for automatic EAD extension.

1.    Did you file Form I-765 for renewal of your employment authorization before your current EAD expired?

¨    If yes, proceed to the next question.
¨    If no, you are not eligible.

2.    If you are an H-4 dependent spouse, do you have an unexpired Form I-94 indicating H-4 nonimmigrant status?
¨    If yes to both Q.1 & 2, you are eligible for the automatic 540-day extension. Congrats!

3.    Did you request any of the following eligibility category on your Form I-765 renewal application?

a(3); a(5); a(7); a(8); a(10); a(12); a(17); a(18); c(8); c(9); c(10); c(16); c(19); c(20); c(22); c(24); c(26); c(31)

¨    If yes to Q.1 & 3, you are eligible for the automatic 540-day extension.
¨    If no, you are not eligible.

Individuals with a TPS-based EAD may receive an automatic extension of their EAD either:

Through publication of a Federal Register notice extending the TPS designation of the individual’s country, if the Federal Register notice also authorizes an automatic extension of covered individuals’ existing EADs; or
Through this automatic extension.

For case specific questions, please reach out to your Graham Adair attorney or contact us at info@grahamadair.com.”

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