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The United States Citizenship and Immigration Services (USCIS) recently announced a temporary final rule on April 4, which states an increase in the automatic extension period for employment authorization and EADs (employment authorization document).
Prior to this rule, EAD renewal applicants were granted 180 days for their extension. With the new rule in place, this extension period has now been extended to 540 days in order to prevent any lapses in employment authorizations.
Many individuals are questioning who will be eligible to apply for this extension, and the rule specifically targets two categories of EAD applicants.
The first category includes those who submitted their Form I-765 applications timely and appropriately on or after October 27, 2023, and whose application is still pending as of April 8, 2024.
The second category is for applicants who submit their applications in a timely manner using the same form between April 8 and September 30, 2025.
On the other hand, USCIS also addresses individuals who submitted a request to renew Form I-765 on or after April 8. If they fall under one of the eligible categories, they will receive a Form I-797C, notice of receipt of Notice of Action, with an automatic extension period of 540 days.
Regardless of their status (asylee, refugee, etc.), any immigrant is allowed to work in the United States. However, it is essential for them to obtain authorization from USCIS through an employment authorization document prior to starting work.
This authorization is crucial for demonstrating employment authorization to an employer, as well as providing evidence of the processing of Form I-485, Application for Registration of Permanent Residence or Adjustment of Status, and in some cases Form I-589, Application for Asylum and Suspension of Removal.
