USCIS released a rule in 2016 that allows certain EAD renewal applicants who timely file for EAD renewal in the same work authorization category and whose work authorization does not require adjudication of an underlying petition or application to establish the applicant’s eligibility for EAD renewal to have their work authorization automatically extended by up to 180 days from the date of EAD expiration.
In May 2022, USCIS decided that this auto-extension period needs to be temporarily extended to up to 540 days in order to lower the possibility that EAD renewal applicants would experience a gap in work authorization following a major rise in EAD processing times. Those having pending EAD renewal applications as of May 22, 2022, and those who submitted an EAD renewal application between May 4, 2022, and October 26, 2023, were eligible for the 540-day auto-extension at that time.
Eligible foreign nationals who timely filed Form I-765 renewal applications on or after October 27, 2023, and whose applications were still pending as of April 8, 2024, as well as eligible applicants who file EAD renewal applications between April 8, 2024, and September 30, 2025, were once again granted a temporary 540-day extension by DHS earlier this year. DHS is now taking action to make the 540-day extension a permanent benefit for qualified applicants, in response to ongoing backlogs and delays in EAD processing.
Like any rule put into effect in the last few weeks of President Biden’s administration, it is unclear if the new Trump Administration will take action to amend or repeal the rule.
Please contact us directly if you need help sponsoring workers for H1B visas.
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Sincerely,
Luke Bowman
The Law offices of Luke Bowman