С 4 мая 2022 разрешение на работу считается продленным на 540 дней (вместо 180 дней), если новое заявление подано до срока истечения предыдущего в определенных категориях. Это временное правило действует с 4 мая 2022 по 26 октября 2023.
Effective May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is temporarily amending existing DHS regulations related to expiring employment authorization and Employment Authorization Documents (EADs) for certain renewal applicants. The prior extension period of up to 180 days will automatically increase to up to 540 days from the expiration date stated on their current EADs.
The up to 540-day automatic EAD extension only applies to those EAD categories currently eligible for the previous up to 180-day automatic extension of employment authorization and EAD validity. USCIS will provide up to 360 days (for a total of up to 540 days) of additional automatic extension time to eligible applicants with a pending EAD renewal application on the temporary rule’s effective date and for 540 days thereafter (that is, from May 4, 2022 to Oct. 26, 2023).
Applicants with pending I-765 renewal applications as of May 4, 2022, will not receive a new receipt notice reflecting the increased EAD automatic extension period. However, Form I-797C notices that refer to a 180-day automatic extension will still meet the regulatory requirements for employment authorization. Therefore, individuals who show Form I-797C notices that refer to a 180-day extension, along with their qualifying EADs, still receive the up to 540-day extension under this rule.
What does the Temporary Final Rule mean for your employees?
To qualify for the extension, the employee must:
EAD extension rule will no longer apply to applications after Oct. 26, 2023, USCIS will return the 180 automatic extension rule.
Categories A17, A18 and C26.
For employees who fall within EAD categories A17 (E spouses), A18 (L-2 spouses) and C26 (H-4 spouses), the extension period cannot exceed the Form I-94 end date. Employees will need to present their expired EAD, their I-797C Notice of Action and Form I-94 to determine the extended expiration date. In these instances, the extension may be greater than 180 days but fewer than the additional 360 days, as the EAD must expire when the Form I-94 ends.
For additional information on EAD renewals, visit our Automatic Employment Authorization Document (EAD) Extension page:
Effective May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is temporarily amending existing DHS regulations related to expiring employment authorization and Employment Authorization Documents (EADs) for certain renewal applicants. The prior extension period of up to 180 days will automatically increase to up to 540 days from the expiration date stated on their current EADs.
The up to 540-day automatic EAD extension only applies to those EAD categories currently eligible for the previous up to 180-day automatic extension of employment authorization and EAD validity. USCIS will provide up to 360 days (for a total of up to 540 days) of additional automatic extension time to eligible applicants with a pending EAD renewal application on the temporary rule’s effective date and for 540 days thereafter (that is, from May 4, 2022 to Oct. 26, 2023).
Applicants with pending I-765 renewal applications as of May 4, 2022, will not receive a new receipt notice reflecting the increased EAD automatic extension period. However, Form I-797C notices that refer to a 180-day automatic extension will still meet the regulatory requirements for employment authorization. Therefore, individuals who show Form I-797C notices that refer to a 180-day extension, along with their qualifying EADs, still receive the up to 540-day extension under this rule.
What does the Temporary Final Rule mean for your employees?
- If an employee’s automatic extension lapsed prior to May 4, 2022, the employment authorization automatically resumed, and the EAD validity period began on May 4, 2022 and will continue up to 540 days from the expiration of the EAD card.
- If an employee’s EAD card has expired but the employee still has time remaining in the 180-day extension, they are now able to receive an additional 360 days, for a total of 540 days past their EAD “Card Expires” date.
- If an employee’s EAD card has not expired yet and the Form I-765 is still pending, then the employee will receive an automatic extension of up to 540 days once their EAD card expires before their Form I-765 is adjudicated.
- If an employee files an EAD renewal application between May 4, 2022 and Oct. 26, 2023, then the employee’s EAD will automatically be extended up to 540 days if their EAD card expires before their Form I-765 is adjudicated.
To qualify for the extension, the employee must:
- Fall within the following categories: A03, A05, A07, A08, A10, A17*, A18*, C08, C09, C10, C16, C20, C22, C24, C26*, C31, and A12 or C19. (See below for guidance on A17, A18 and C26)
- Have timely filed a Form I-765 Application for Employment Authorization, before their current EAD expired.
- Have an I-797C, Notice of Action for the filed Form I-765 that contains the same category code as their expiring EAD.
EAD extension rule will no longer apply to applications after Oct. 26, 2023, USCIS will return the 180 automatic extension rule.
Categories A17, A18 and C26.
For employees who fall within EAD categories A17 (E spouses), A18 (L-2 spouses) and C26 (H-4 spouses), the extension period cannot exceed the Form I-94 end date. Employees will need to present their expired EAD, their I-797C Notice of Action and Form I-94 to determine the extended expiration date. In these instances, the extension may be greater than 180 days but fewer than the additional 360 days, as the EAD must expire when the Form I-94 ends.
For additional information on EAD renewals, visit our Automatic Employment Authorization Document (EAD) Extension page:
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