A recent Temporary Final Rule by USCIS increases the automatic extension period regarding Employment Authorization Documents (EAD) for certain eligible Form I-765 renewal applicants to 540 days from their expiration date specified on their existing EAD. That was previously determined as 180 days. The new temporary final rule will take effect on May 4, 2022.
The primary rationale behind this initiative is the excessive EAD caseloads exacerbated due to the aftermaths of COVID-19 in terms of hiring freeze and workforce capacity losses. Therefore, as stated by USCIS Director Ur M. Jaddou, this increasing decision aims to avoid gaps in employment for alien workers and undesired disruptions for US business owners. Also, the new time frame is expected the allow USCIS to reconsider the operational flow concomitant with personnel issues. The new temporary final rule of 540 days will go back to 180 days by October 27, 2023.
The extension applies solely to those EAD categories eligible for the previous 180-day automatic EAD validity extension. Namely, USCIS will give an extra up-to-360-day automatic extension time (for a sum of up to 540 days) to entitled Form I-765 renewal applicants with a pending EAD renewal application with USCIS on May 4, 2022.
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