Automatic Extension Period for Certain EAD Renewals Will Temporarily Increase to 540 Days

USCIS announced a temporary final rule to increase the maximum automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540 days. The rule aims to prevent those with pending EAD renewal applications from having their work authorization lapse while waiting for USCIS to adjudicate their application. The new automatic extension will apply to certain eligible applicants who filed an EAD renewal application on or after October 27, 2023, if their application is still pending on the rule’s publication date, scheduled for April 8, 2024.

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USCIS Advises of Extensive Receipting Delays at Certain Lockbox Facilities

The United States Citizenship and Immigration Service (USCIS) has advised stakeholders that due to numerous factors including COVID-19, staffing shortages, and an increase in the volume of filings, it is experiencing significant delays in intake of cases and issuance of receipt notices for filings made with USCIS lockbox facilities. In most cases these delays are expected to be between 4-6 weeks but but can vary across lockboxes and case types. The agency has further advised that certain cases, including employment-based adjustment of status applications and certain student work permits (EADs), may experience even more significant receipting delays.

USCIS further clarified that these receipting delays will not impact the receipt date of the case, which will in all instances be the date on which a correct and complete submission is actually received at the proper filing location.

D&S will continue to monitor the pace of lockbox receipts and provide relevant updates.