Categories News & Updates USCIS

USCIS increases automatic extension period of certain EAD categories

This Temporary Final Rule (TFR) is effective from today, May 4, 2022, and only applies to those EAD categories currently eligible for an automatic 180-day extension. This rule will temporarily provide 360 days of additional automatic extension time for a total of up to 540 days. Eligible applicants must file a timely Form I-765 renewal application during the 18-month period after publication of this TFR.

 

This 360-day increase will be available to applicants whose employment authorization may have lapsed following the initial 180-day extension period, and any eligible applicant who files a renewal Form I-765 during the 18-month period beginning on or after May 4, 2022, and ending October 26, 2023.

 

It is important to note that certain EAD holders including those in H4, E, and L2 status, for instance, are still limited to an automatic extension only until their existing I-94 expires.

 

This automatic extension will end upon a final decision on the EAD renewal application, or up to 540 days after the expiration date on the applicant’s expired EAD card, whichever comes earlier. It is recommended that even with this rule, EAD applications should be filed as far in advance as possible.

 

Please contact your Graham Adair attorney with any case specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.