Client Alert!
USCIS announced a temporary final rule to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days. This announcement follows improvements that have reduced processing times for EADs significantly over the past year.
The temporary measure announced will prevent already work-authorized noncitizens from having their employment authorization and documentation lapse while waiting for USCIS to adjudicate their pending EAD renewal applications and better ensure continuity of operations for U.S. employers. This is the latest step by the Biden-Harris Administration to get work-authorized individuals into the workforce, supporting the economies where they live.
This temporary measure will apply to eligible applicants who timely and properly filed an EAD renewal application on or after October 27, 2023, if the application is still pending on the date of publication in the Federal Register. The temporary final rule will also apply to eligible EAD renewal applicants who timely and properly file their Form I-765 application during a 540-day period that begins with the rule’s publication in the Federal Register.
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