USCIS Publishes Temporary Rule to Lengthen Period of Automatic EAD Extension

May 4, 2022

Today the USCIS published a temporary final rule to amend existing regulations which provide for an automatic extension of certain expiring EADs. The new rule goes into effect today through October 26, 2023, includes applications pending as of today, and will increase the period of automatic extension from 180 days to 540 days from the expiration date of the EAD for certain timely-filed EAD extension requests. The USCIS is accepting comments on the new rule until July 5, 2022.

Included in the list of applicants who will benefit from this rule are:

• Applicants who qualify for the EAD extension based on a pending Adjustment of Status application
• Applicants who qualify for the EAD extension as E, L and H dependent spouses with an unexpired Form I-94

For applicants who file the EAD extension after May 4, 2022, the USCIS says they will issue the Form I-797 receipt with language about the 540 day automatic extension period.

For applicants with pending EAD extensions as of May 4, 2022, the USCIS will not issue new receipt notices.  Information about how employers should complete the Form I-9 to reflect the new rule can be found here.

After October 26, 2023, the USCIS will revert to granting extensions of 180 days from the date of EAD expiration.

This temporary final rule is a recognition by the USCIS that their slow processing times (over 180 days) for EAD extensions has put applicants at risk of losing work authorization. This temporary measure will allow the USCIS some time to address staffing shortages and implement their FY2023 cycle time goals, including processing I-765s within 3 months.