The Temporary Final Rule (TFR) which USCIS issued on May 4, 2022 allowing for certain EAD renewals to qualify for an automatic extension of employment authorization of up to 540 days is set to expire on October 26, 2023.
Under current USCIS regulations, individuals who file a renewal application for their EAD qualify for an automatic extension of employment authorization of 180-days past their EAD expiration if the following requirements are met:
- A Form I-765 was properly filed to renew the current EAD prior to the expiration of the EAD;
- The renewal application is for a category eligible for automatic extension. For a list of all eligible EAD categories please refer to USCIS’s website.
- The category of the EAD matches the status indicated on the Receipt Notice of the pending I-765 renewal application.
- The Form I-765 has not been denied. Denial of the renewal application terminates the employment authorization provided by the automatic extension.
The TFR has provided a temporary benefit to individuals who meet the above requirements, expanding the automatic extension period for qualifying applicants whose Form I-765 is received on or before October 26, 2023.
Under the TFR, any qualifying renewal application filed on or before October 26, 2023, will gain the full benefit of the 540-day extension. Even applications received on October 26, 2023, will be provided with an additional 540-days of employment authorization beyond their EAD expiration.
From October 27, 2023, onward, any qualifying EAD renewals received by USCIS will be granted the typical 180-day extension.
