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Automatic 180-Day EAD Extension for Certain Renewal Applicants

Starting October 27, 2023, certain renewal applicants who have filed Form I-765, Application for Employment Authorization, will receive 180-day automatic extensions of their expiring employment authorization and/or employment authorization documents (“EAD”) while their renewal application is pending. Such applicants include those who have applied for or have received Temporary Protected Status or asylum.

Does this Change to the Automatic 180-Day EAD Extension Affect the Previously Announced Automatic 540-Day EAD Extension?

The 2022 temporary final rule increased EADs’ automatic extension period from up to 180 days to up to 540 days.1 The rule also announced that the automatic extension period will be the original up to 180-day period for those eligible applicants who timely file a Form I-765 renewal applications on or after Oct. 27, 2023.

This announced 180-day automatic extension is not retroactive, so all previous up to 540-day automatic extensions will remain in place.

For individuals who received an increased automatic extension period under the temporary final rule, the extension will end when they receive a final decision on their renewal application or when the up to 540-day period expires, whichever comes earlier. The extension period is counted from the expiration date of their EAD.

Changes to EAD Processing Time and Validity Period

In September 2023, USCIS also published a Policy Manual update increasing the maximum EAD validity period to five years for initial and renewal applications approved on or after Sept. 27, 2023, for the following categories:

  • Certain noncitizens who are employment authorized incident to status or circumstance. This include those admitted as refugees, paroled as refugees, granted asylum, and recipients of withholding of removal; and
  • Certain noncitizens who must apply for employment authorization. This include applicants for asylum and withholding of removal, adjustment of status, and suspension of deportation or cancellation of removal.

USCIS is making every effort to help avoid gaps in EADs validity period and reduce EAD processing times. These efforts include dedicating additional personnel and implementing processing improvements to decrease the median processing time for certain EAD applications to 30 days.2

For the USCIS’ announcement of the automatic 180-day extension of EADs, please visit here.

Disclaimer

  1. For details, visit our blog “Automatic 540-Day EAD Extension Will Expire on Oct. 26, 2023.” ↩︎
  2. For details, visit our blog “Changes to EAD Processing Time and Validity Period.” ↩︎

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