USCIS recently announced a new rule that extending the validity period for employment authorization for certain Employment Authorization Document (EAD) renewal applications for up to 540 days. This increase will be effective from May 4, 2022. The effect of this rule is to help prevent gaps in employment for those non-citizens with pending EAD renewal applications. This move by USCIS is expected to increase organizational efficiency and reduce massive caseloads, which has been exacerbated by the COVID-19 pandemic. 

EAD applicants will qualify for the automatic extension include: 

  • Refugees and asylees 
  • TPS
  • Adjustment of status applicants 
  • Asylum applications pending 
  • VAWA approved 
  • Spouse of L-1 (I-94 must be unexpired
  • Spouse of H-1 (I-94 must be unexpired) 

Thanks to the new rule, applicants who previously were eligible for only 180-day automatic extension can receive up to 360 days of additional automatic extension time (for a total of up to 540 days) 

  • Applicants with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired: They will be granted an additional period of employment beginning on May 4, 2022 and lasting up to 540 days from the expiration date of their EAD.
  • Applicants with a pending renewal application still covered under the 180-day automatic extension: They will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD. 
  • Noncitizens with a pending renewal application and valid EAD on May 4, 2022, or who timely file an EAD renewal application before Oct. 27, 2023: They will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.

The automatic extension will end when USCIS makes a final decision on the renewal application o when the 540-day period ends (meaning, up to 540 days after the expiration date on the applicant’s facially expired EAD), whichever comes earlier.

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