Published: May 20, 2022
On May 3, 2022, USCIS released a temporary final rule (TFR), increasing the automatic extension period for employment authorization and Employment Authorization Documents (EADs) of specific applicants to up to 540 days.
Previously, the extension was only for 180 days.
Purpose
The TFR will address the gaps in employment for noncitizens with pending EAD renewal applications. It will promote a smooth and uninterrupted flow of operations for U.S. employers and employees.
The USCIS suffered operational difficulties due to the COVID-19 pandemic. It needed more time to settle pending caseloads, staffing shortages, system inefficiencies, and other unachieved organizational goals.
Date of Effectivity
This TFR automatically takes effect on May 4, 2022.
Lapsed EAD
Noncitizens whose EAD applications lapsed within the original 180-day automatic extension may continue with their applications. Beginning May 4, 2022, they may resume employment until the last day of the automatic extension period.
Please consult with an experienced immigration lawyer to better understand the calculation of the extension period and its legal implications. Get in touch with ALG Lawyers.
Employees’ Immigration Rights
Your employment is a critical part of your immigration status. ALG Lawyers has a team of immigration attorneys that can help you strategize the best solutions for any immigration-related dilemma.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)