USCIS Extending Automatic Extension Period for Certain Work Permits

By: Jioselin Juarez Contreras

Introduction

On April 4, 2024, USCIS announced a Temporary Final Rule (TFR) that will increase the automatic extension period for certain employment authorization documents (EADs) from 180 days to 540 days.

Summary

This USCIS announcement aims to enhance the efficiency and accessibility of work permits for eligible noncitizens, which builds upon the notable reductions in processing times for Employment Authorization Documents (EADs) observed over the past year. The TFR aims to prevent lapses in EADs for noncitizens already authorized to work, improving continuity for U.S. employers during pending EAD renewal applications.

This Temporary Final Rule (TFR) complements USCIS continuous efforts to facilitate access of EAD to  employment-authorized individuals by reducing EAD processing times and optimizing adjudication processes, including:

•  Reducing EAD processing times for those with pending green card applications since FY2021.
• Recording the highest number of EAD applications processed over the past year.
• Increased outreach to inform worker-eligible individuals about the process and provided application support.
• Reducing processing times for asylum applicants with pending EADs and certain parolees to less than or equal to 30-day median.
• Extending validity period for EAD in specific categories from 2 to 5 years.
• Simplifying the EAD process for refugees and broadening online EAD filing to include asylum seekers and parolees.

Most importantly, this TFR when implemented will apply to eligible applicants who timely filed their EAD renewal application on or after October 27, 2023, if the application remains pending on the date of publication in the Federal Register. Similarly, the TFR will extend to eligible EAD renewal applicants who correctly and punctually submit their Form I-765 application within a 540-day window starting from the rule's publication in the Federal Register.

Conclusion             

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