U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) to increase the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants. The TFR applies to applicants who timely file Form I-765 renewal application in a category currently eligible for an automatic 180-day extension. A list of eligible categories can be found at uscis.gov/eadautoextend.
Due to delays related to the COVID-19 pandemic and staffing shortages, USCIS determined that the 180-day extension is currently insufficient. The TFR increases the automatic extension period for eligible applicants to up to 540 days from the expiration date stated on the EAD. As USCIS continues to work through the pending caseload, the increase will allow noncitizens with pending EAD renewal applications to maintain employment and provide financial support for their families, while avoiding further disruptions for employers.
The rule is effective as of May 4, 2022 and will end on October 27, 2023, when automatic extensions of EAD validity will return to the 180-day period. For renewal applications filed after May 4, 2022, USCIS will issue Notices of Action with an explanation of the 540-day automatic extension period. Pending applications filed before May 4, 2022 will not receive a new notice, but are also eligible to qualify for the 540-day extension.