USCIS Increases Duration of Automatic Extension of Work Authorization for Certain Applicants

On May 3, 2022, US Citizenship and Immigration Services (USCIS) announced the increase of automatic extension periods of employment authorization and employment authorization documents (EAD) for certain EAD renewal applicants, of up to 540 days. The published Temporary Final Rule (TFR), effective immediately, provides EAD renewal applicants who were eligible for the 180-day extension an additional automatic extension of up to 360 days (for up to a total of 540 days) for applicants with a timely-filed Form I-765 renewal application pending during the 18-month period after the publication of the TFR. During these 18 months, USCIS hopes to continue working through the pending backlog of cases. USCIS director Ur Jaddou said that this change was decided after the agency determined that the 180-day automatic extension for employment authorization was insufficient, and that this TFR will provide eligible noncitizens “an opportunity to maintain employment and provide critical support for the families, while avoiding further disruption for U.S. employers.” Director Jaddou also announced that USCIS aims to achieve a 3-month processing cycle for EAD applications — which was once a normal processing time for this type of application — by the end of the 18-month timeframe by addressing staffing shortage and implementing additional efficiencies.