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USCIS Temporarily Increases EAD Automatic Extension for Certain EAD Renewal Applicants

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On May 4, 2022, USCIS issued a temporary rule that increases the number of days an EAD can be automatically extended, for certain EAD renewal applications. This automatic extension has already existed since 2017, now the number of days extended has increased from 180 days to 540 days.

This extension is effective immediately and will be available to eligible EAD renewal applications pending as of May 4, 2022. This also includes those who’s initial 180 day extension may have already lapsed. This extension is temporary and is currently slated to expire on October 26, 2023. This extension was granted as USCIS acknowledged the long wait times for EAD adjudication and to prevent breaks in work authorization for those who have renewed their EAD’s in a timely manner.

There are two conditions to meet in order to receive the automatic extension. One, the applicant has already properly filed for a renewal EAD before their current EAD expired; and two, the EAD renewal is under a category that is eligible for an automatic extension.

The following categories of EADs will be eligible for an automatic extension of up to 540 days:

  • Noncitizens admitted as refugees (A03).
  • Noncitizens granted asylum (A05).
  • Noncitizens admitted as parents or dependent children of noncitizens granted permanent residence under section 101(a)(27)(I) of the INA, 8 U.S.C. 1101(a)(27)(I) (A07).
  • Noncitizens admitted to the United States as citizens of the Federated States of Micronesia or the Marshall Islands pursuant to agreements between the United States and the former trust territories (A08).
  • Noncitizens granted withholding of deportation or removal (A10).
  • Noncitizens granted TPS, regardless of the employment authorization category on their current EADs (A12 or C19).
  • Noncitizen spouses of E-1/2/3 nonimmigrants (Treaty Trader/Investor/Australian Specialty Worker) (A17).
  • Noncitizen spouses of L-1 nonimmigrants (Intracompany Transferees) (A18).
  • Noncitizens who have properly filed applications for TPS and who have been deemed prima facie eligible for TPS under 8 CFR 244.10(a) and have received an EAD as a “temporary treatment benefit” under 8 CFR 244.10(e) and 274a.12(c)(19) (C19).
  • Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08).
  • Noncitizens who have filed applications for adjustment of status to lawful permanent resident under section 245 of the INA, 8 U.S.C. 1255 (C09).
  • Noncitizens who have filed applications for suspension of deportation under section 244 of the INA (as it existed prior to April 1, 1997), cancellation of removal pursuant to section 240A of the INA, or special rule cancellation of removal under section 309(f)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (C10).
  • Noncitizens who have filed applications for creation of record of lawful admission for permanent residence (C16).
  • Noncitizens who have properly filed legalization applications pursuant to section 210 of the INA, 8 U.S.C. 1160 (C20).
  • Noncitizens who have properly filed legalization applications pursuant to section 245A of the INA, 8 U.S.C. 1255a (C22).
  • Noncitizens who have filed applications for adjustment of status pursuant to section 1104 of the Legal Immigration Family Equity Act (C24).
  • Noncitizen spouses (H-4) of H-1B nonimmigrants with an unexpired Form I-94 showing H-4 nonimmigrant status (C26).
  • Noncitizens who are the principal beneficiaries or qualified children of approved VAWA self-petitioners, under the employment authorization category “(c)(31)” in the form instructions to Form I-765 (C31).

USCIS will include information concerning the new temporary maximum 540 day extensions on I-765 filing receipts issued after May 4, 2022. It does not intend to issue new I-797 filing receipts for pending Form I-765 applications, but the previously issued receipts for such cases can be used as documentation of eligibility for the maximum 540-day auto-extension period in qualifying cases.

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