In May 2022, the USCIS introduced a Temporary Final Rule (TFR) due to recognizing significant operational challenges that were causing extensive delays in processing Form I-765 applications. These delays were often exceeding 180 days, leading to gaps in employment authorization and causing eligible applicants to lose their jobs.
Under this TFR, found in 8 CFR 274a(d)(5), certain renewal applicants were granted an automatic extension of their employment authorization for a duration of up to 540 days. However, this rule is set to expire on October 26, 2023. For individuals submitting Forms I-765, Application for Employment Authorization, seeking an extension of their employment authorization within eligible categories and doing so on or before October 26, 2023, they will be eligible for an automatic extension of their employment authorization lasting up to 540 days. On the other hand, Forms I-765 submitted after October 26, 2023, will only qualify for an automatic extension lasting up to 180 days.
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.