Effective immediately, on May 4, 2022, certain noncitizens currently working in the U.S. with recently expired or soon-to-expire work permits will be eligible for an increased Automatic Employment Authorization Document (EAD) Extension. This comes after U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the extension period for EADs from 180 days to 540 days, providing an extra year for immigrants to continue working in the U.S. This TFR comes as result to the backlog of USCIS cases caused by the global COVID-19 pandemic.

“This temporary rule will provide those noncitizens otherwise eligible for the automatic extension an opportunity to maintain employment and provide critical support for their families, while avoiding further disruption for U.S. employers.”

-USCIS Director Ur M. Jaddou

Certain applicants who have filed Form I-765, Application for Employment Authorization, qualify for automatic extensions of their expiring employment authorization and/or EADs for up to 180 days if they:

• Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and
• Are otherwise eligible for a renewal, which means that:
  • Your renewal application is under a category that is eligible for an automatic 180-day extension (see the list of categories below); and
  • The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action.  (Note:  If you are a TPS beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other.  In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status must accompany Form I-797C).

The lawyers and legal team at Garvish Immigration Law Group are focused on client success. With over five decades of combined experience in immigration law, our firm has proven ability to handle complex business and family-based immigration matters.

If you or your employee’s EAD will be expiring soon and you need assistance filing Form I-765 for automatic extension time, contact a trusted U.S. Immigration Attorney to guide you through this process. Call us at 1.800.951.4980 to discuss how we can help you achieve your immigration goals.

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