Fri. Mar 29th, 2024

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USCIS Provides Temporary Relief for Certain EAD Renewals

2 min read
Visa Renewal Pilot Program

EAD Renewals: The U.S. Citizenship and Immigration Services (USCIS) has given a temporary final rule that temporarily increases the automatic extension period of certain employment authorization documents (EADs) while the form I-765 renewal application is pending. Under this temporary rule, instead of rather than extending the validity period of a qualifying EAD by up to 180 days. The validity period of qualifying EADs will be extended by up to 540 days while the renewal application is pending.

Automatic EAD Extension Only Applies to Certain Categories

EAD candidates in specific categories, like candidates with pending I-485 applications, asylees, and those in temporary protected status. TPS is granted automatic extensions of expiring EADs based on a timely filed application to renew the EAD in the same category. As of 4th May 2022, this automatic extension has been increased from 180 days to 540 days. As long as the renewal application remains pending.

Dependent spouses in H-4 or L2S status are also eligible for an automatic extension of the EAD based on a pending renewal application. The EAD extension is granted for up to 540 days, or the candidate’s I-94 expiration date, whichever date is earlier.

Rule Applies EAD Renewals Application Filed Through 26 Oct 2023

As explained in the rule, the 540-day extension applies to three groups of renewal candidates. Who previously would only have been eligible for a 180-day automatic extension. First, it applies to those candidates who had a renewal application pending as of the 4th May 2022, the effective
date of this temporary rule, and whose EAD had not yet expired or whose 180-day auto-extension had not yet lapsed`. Second, it applies to renewal candidates who file an I-765 renewal application on or before 26th October 2023. Third, the temporary rule also applies to certain renewal candidates whose 180-day auto-extension has already expired. In those cases, employment authorization resumes effective 4th May 2022. And generally continues for a period of as long as up to 540 days from the date the EAD expired, as shown on the face of the EAD.

[US announces 1.5-year extension for expiring work permits, including permits for H-1B spouses]

Conclusion

While this rule change is beneficial to certain renewal candidates. It does not provide any benefit to those applying for initial EADs, or to candidates not eligible for the 180-day renewal. We urge the USCIS to do more to address the tremendous issues created by adjudication delays.

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