In 2017, USCIS implemented a regulation facilitating an automatic, 180-day extension of EADs for certain categories of EAD holders, which took effect with the provision that the individual filed a timely request for EAD extension. The increased challenges faced by USCIS due to the COVID-19 pandemic caused a massive backlog and a 180-day extension was no longer sufficient to solve this problem. For this reason, on May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that would increase the automatic extension period for Employment Authorization Documents (EADs) for certain designated categories of EAD renewal applicants who timely filed Form I-765, Application for Employment Authorization before their EAD’s current expiration.
To be eligible for the 540-day automatic extension:
- The individual must have been issued an EAD card in one of the categories set out by USCIS.
- The individual must have filed an application to renew employment authorization on Form I-765.
- The I-765 must have been filed prior to the expiration date of the expiring/expired EAD card.
- The I-765 must have been filed under the same category as the expiring/expired EAD card.
- The I-765 must remain pending and not have been denied; once the I-765 is denied, the extension period automatically ends.
The temporary final rule applies to:
- Individuals whose Forms I-765 are pending as of May 4, 2022 (including those whose 180-day extension period had expired prior to May 4, 2022); and
- Individuals who file Forms I-765 from May 4, 2022, through October 26, 2023.
Applicants who are eligible for the 540-day extension can provide copies of their facially expired EAD card, along with a receipt notice showing that they applied for an extension of the EAD before the expiration date of the facially expired card.
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.
