Friday, February 23, 2024

USCIS Reverts To 180-Day Automatic Extension Of Employment Authorization For Certain Renewal Applicants – Work Visas – United States

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U.S. Citizenship and Immigration Services (USCIS) has
ended its temporary 540-day automatic extension period for filing
certain employment authorization documents (EAD).

USCIS has reverted to the original 180-day period for certain renewal
with timely filed extensions of EADs on or after
October 27, 2023, including those who have sought or obtained
temporary protected status or asylum.

Quick Hits

  • In May 2022, USCIS implemented a temporary final rule (TFR) that
    increased the automatic extension period from up to 180 days to up
    to 540 days for certain renewal applicants who had timely filed
    Form I-765, Application for Employment Authorization. The May 2022
    TFR was in effect until October 26, 2023.

  • Effective October 27, 2023, automatic extensions based on
    timely filed applications to renew employment authorization and/or
    employment authorization documents are subject to the original
    180-day period for eligible applicants.

  • USCIS will not apply this change retroactively and will honor
    all prior automatic extensions of up to 540 days.

The 540- or 180-day extension will generally end either upon
USCIS’s issuing a final decision on an application or when the
extension period, starting from the expiration date of work
authorization and/or EAD, ends—whichever occurs first.

USCIS is evaluating whether there is a need for additional
regulatory measures, similar to the May 2022 TFR, despite previous
and ongoing operational improvements and initiatives to expedite
EAD processing.

USCIS also announced that it recently updated its Policy Manual
to reflect the increased maximum EAD validity period of five
for both initial and renewal applications approved on or
after September 27, 2023, for the following categories:

  • “certain noncitizens who are employment authorized
    incident to status or circumstance, including those admitted as
    refugees, paroled as refugees, and granted asylum, as well as
    recipients of withholding of removal”; and

  • “certain noncitizens who must apply for employment
    authorization, including applicants for asylum and withholding of
    removal, adjustment of status …, and suspension of deportation or
    cancellation of removal.”

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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