Effective May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) will increase the automatic extension period for employment authorization and Employment Authorization Documents (EADs) to a maximum of 540 days for certain EAD applicants. This temporary final rule, aimed to ultimately reduce processing time for EAD renewals, will also alleviate hardships often faced by both employers and employees.
The automatic extension will apply to certain EAD renewal applicants including Adjustment of Status applicants, H-4 spouses, E and L-2 dependent spouses. To be eligible, the applicant must have timely filed Form I-765 prior to the expiration of their current EAD, and the renewal application must be under a category that is eligible for an automatic 180-day extension. A complete list of the eligible categories for this automatic extension may be found here.
For those that currently have an EAD renewal application pending and have been granted an automatic 180-day extension, USCIS will provide an additional 360 day extension. Individuals seeking an EAD renewal after May 4, 2022 who fall under an eligible category will be granted the 540-day automatic extension.
If you have any questions about this temporary rule or any other immigration needs, please contact Brandy Williams or any other member of Baker Donelson's Immigration Team.