Effective May 4, 2022, USCIS issued a temporary final rule that will increase the automatic extension period for certain Employment Authorization Document (EAD) extensions from 180 days past the expiration of the current EAD card to up to 540 days past the current card’s expiration. This temporary measure is being put in place to address unprecedented delays on processing EAD renewals to help avoid gaps in employment authorization for individuals waiting for a renewal of their EAD work permit.
This temporary extension applies only to EAD categories that were previously eligible for the 180 extension of employment authorization based on a timely filing of an extension of their EAD. The temporary final rule will apply to eligible applicants during the 18-month period after its publication while USCIS continues to work through pending caseloads that were exacerbated by the COVID-19 pandemic. This timeframe will allow USCIS an opportunity to address staffing shortages, implement additional efficiencies to meet their target 90-day processing time for EAD renewals.
The automatic extension will apply in the following circumstances:
Noncitizens with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired - These individuals will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022 and lasting up to 540 days from the expiration date of their EAD, such that they may resume employment if they are still within the up to 540-day automatic extension period and are otherwise eligible.
Noncitizens with a pending renewal application still covered under the 180-day automatic extension - These individuals 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 - These individuals will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.
The automatic extension generally will end upon notification of a final decision on the renewal application or the end of the up to 540-day period (meaning, up to 540 days after the expiration date on the applicant’s facially expired EAD), whichever comes earlier.