Effective May 4, 2022, USCIS introduced a Temporary Final Rule regarding automatic extensions for certain EADs. The Temporary Final Rule provides an additional 360-day automatic EAD extension period for certain categories that already benefit from USCIS's prior 180-day automatic EAD extension. The Temporary Final Rule is in effect through October 26, 2023.
This Temporary Final Rule means those with expiring EADs in eligible categories can now retain their work authorization for 540-days beyond their EAD expiration while USCIS is processing the applicant's I-765 renewal. A full list of categories eligible for automatic extensions can be found here: https://www.uscis.gov/eadautoextend.
To benefit from the automatic extension, you must have filed a Form I-765 renewal prior to the expiration of your EAD card. Your I-797C receipt notice and unexpired I-94 (for H-4, E-1S, E-2S, E-3S and L-2S class of admission codes) will act as evidence of your extended employment authorization.
You are still eligible for the 540-day renewal period even if you filed your I-765 renewal before May 4, 2022. However, you will not receive a new I-797C receipt notice from USCIS reflecting the extended extension. Your I-797C receipt notice referencing the prior 180-day extension and unexpired I-94 (for H-4, E-1S, E-2S, E-3S and L-2S class of admission codes) will also act as evidence of your extended employment authorization.
Those with a pending I-765 where the 180-day automatic extension has already expired can also benefit from USCIS's new Temporary Final Rule. Work authorization will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day mark. If you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes, count up to either 540 days or the expiration date on Form I-94, whichever is earlier.
Contact the Law Offices of James D. Eiss today if you have any questions about automatic EAD extensions.
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