On 5/4/2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that immediately increases the automatic extension period for certain Employment Authorization Documents (EADs) to 540 days (from 180 days).
The TFR, which will be in place for 18 months, will permit USCIS to work through its backlog of cases and work toward a goal of achieving a three-month processing time for EAD applications by 9/30/2023. Beginning 10/27/2023, automatic extensions of employment authorization for EAD extensions will revert to 180 days.
Noncitizens with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on 5/4/2022 and lasting up to 540 days from the expiration date of their EAD, such that they may resume employment if they are still within the 540-day automatic extension period and are otherwise eligible.
The automatic extension of EADs for those who have timely filed an I-765 application to extend their employment authorization applies only to
(a)(3) Refugees
(a)(4) Asylees
(a)(12) Temporary Protected Status (TPS)
(a)(17) E spouses*
(a)(18) L spouses*
(c)(9) Adjustment (I-485) applicants
(c)(26) H-4 spouses (540 days or until the I-94 expirations date – whichever is earlier).
* Technically, E and L spouses no longer require an EAD card to work. They are authorized for employment incident to their E/L spousal status.
For more information on updating Form I-9 for individuals granted the automatic 540-day extension, please refer to Section 4.4 of the M-274 (I-9 Handbook for Employers).
