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The USCIS Announces Relief for Certain Applicants with Pending Work Authorization (EAD) Applications

Recently, the U.S. Citizenship and Immigration Services (USCIS) announced a temporary rule that will increase the automatic extension period for employment authorisation and Employment Authorisation Documents (EADs).

Effective from the 4th May 2022, the rule seeks to avoid gaps in employment, with an extension period of up to 540 days. The rule aims to provide relief for applicants with pending EAD renewal applications and will also apply to those EAD categories currently subject to the automatic extension provisions.


Those foreign nationals whose EAD renewal applications are pending and whose 180-day automatic extension period had already lapsed and EAD expired, will be provided an additional period of authorized employment and EAD validity, starting 4 May 2022 through up to 540 days from the date of the EAD expiration. Therefore, any foreign nationals still within the 540-day period from the expiration of their EAD, assuming they are otherwise eligible, can return to authorised employments. Those within their current 180-day period can continue authorised employment until up to 540 days from their EAD expiration date. Those filing timely EAD renewals prior to 27 October 2023, will receive an automatic extension of 540 days from their EAD expiration date.

Beginning 27 October 2023, automatic extensions of employment authorisation and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications.

This information came from a blog post originally published here.

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