According to an advanced copy of a temporary DHS regulation, automatic extensions of certain employment authorization documents (EADs) will be extended from 180 days to up to 540 days beginning May 4, 2022 until October 26, 2023. After October 26, 2023, automatic extension will revert to the current 180 days.
Under the current USCIS policy, certain EAD applications will enjoy 180-day of automatic extensions until the application is approved or denied. However, as many applicants may have noticed, the current processing times of EAD applications are extremely long. As a result, many applicants lose their eligibility to work legally in the United States and their livelihood is jeopardized.
The new policy aims at addressing the current long processing times of the EAD applications by providing longer periods of automatic extension to applicants so that they may continue to work legally.
Who may benefit from this new policy? Generally, the 540 automatic extension will be available to applicants who have a pending I-765 EAD application between May 4, 2022 and October 26, 2023.
Applicants will not receive a new receipt notice or separate documents to indicate the additional 360 days of extension. They may continue to use the Form I-797C notice with 180-day extension as proof of their eligibility to work.
For those applicants who filed their EAD extension application before May 4, 2022, and their 180-day automatic extension has already expired, they may still be eligible for the 540-day extension. Their employment eligibility will resume on the effective date of the new regulation on May 4, 2022. These applicants will be eligible to work for 540 days from the expiration date of their expired EAD card.
It should be noted that H-4 and L-2 spouses may not benefit from this new policy if their I-94s have already expired.
The following categories of I-765 applicants are eligible for the new 540-day extension:
(a)(3) Refugee;
(a)(5) Asylee;
(a)(7) N-8 or N-9;
(a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
(a)10) Withholding of Deportation or Removal Granted;
(a)(12) Temporary Protected Status (TPS) Granted;
(a)(17) Spouse of principal E nonimmigrant with an unexpired I-94 showing E nonimmigrant status;
(a)(18) Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status2
(c)(8) Asylum Application Pending
(c)(9) Pending Adjustment of Status under Section 245 of the Act
(c)(10) Suspension of Deportation Applicants (filed before April 1, 1997) / Cancellation of Removal Applicants / Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16) Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(19) Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
(c)(20) Section 210 Legalization (pending I-700)
(c)(22) Section 245A Legalization (pending I-687)
(c)(24) LIFE Legalization
(c)(26) Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
(c)(31) VAWA Self-Petitioners
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