TheTemporary Final Rule (TFR) which USCIS issued on May 4, 2022 allowing forcertain EAD renewals to qualify for an automatic extension of employmentauthorization of up to 540 days isset to expire on October 26, 2023.

Under current USCIS regulations, individualswho file a renewal application for their EAD qualify for an automatic extensionof employment authorization of 180-days past their EAD expiration if thefollowing requirements are met:

  • A Form I-765 was properly filed torenew the current EAD prior to the expiration of the EAD;
  • The renewal application is for acategory eligible for automatic extension. For a list of all eligible EADcategories please refer to USCIS’swebsite.
  • The category of the EAD matches thestatus indicated on the Receipt Notice of the pending I-765 renewalapplication.
  • The Form I-765 has not been denied.Denial of the renewal application terminates the employment authorizationprovided by the automatic extension.

The TFR has provided a temporarybenefit to individuals who meet the above requirements, expanding the automaticextension period for qualifying applicants whose Form I-765 is received on orbefore October 26, 2023.

Under the TFR, any qualifying renewalapplication filed on or before October 26, 2023, will gain the full benefit ofthe 540-day extension. Even applications received on October 26, 2023, will beprovided with an additional 540-days of employment authorization beyond theirEAD expiration.

From October 27, 2023, onward, anyqualifying EAD renewals received by USCIS will be granted the typical 180-dayextension.