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Certain Applicants now Eligible for Automatic Extension Period on EADs

As of May 4, 2022, Employment Authorization Document (EAD) Extensions will now be lengthened to a 540-day period from the previous 180-day extension period, according to a Temporary Final Rule (TFR) set forth by USCIS. This extension will only be pertinent to applicants who were previously eligible for the 180-day extension. Specifically, this applies to I-145, H-4, L-2, and E visa-based EADs. Those with H-4 visas only fall under this category if their I-94 status has enough time remaining to cover the full EAD extension. An H-4, E, or L-2 dependent spouse must have an unexpired Form I-94 in addition to the Form I-797C which indicates their nonimmigrant status. 

For anyone with a currently pending EAD application in which their 180-day extension period has already lapsed and their EAD has expired, a full 540 days from the expiration date will be added on to the EAD’s validity. Given that this 540-day period from expiration has not yet passed, the noncitizen may resume working. If the person is still covered by the 180-day extension, they will be granted an extra 360 days of validity for a total of 540 days past the expiration date of their current EAD. The purpose of this extension is to combat USCIS backlogs and allow applicants to continue to provide for their families in the meantime.

This TFR will no longer be in effect as of October 27, 2023, on which date the extension period will revert to 180 days. Within this 18-month period, a timely-filed or previously filed Form I-765 renewal application will allow eligible applicants to receive this extension.

If you believe you may be eligible for this extension or have questions about it, be sure to contact our office to schedule a consultation with one of our attorneys today!