USCIS Increases Auto-Extension Period for EAD Cards | Joseph & Hall P.C.

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With a new rule efficient Could 4, 2022, USCIS has introduced that the automated extension interval for employment authorization paperwork (EADs) will enhance from 180 to 540 days. The issuance of this Momentary Last Rule is an acknowledgment of the systemic delays within the adjudication of EAD functions and the hardship such delays are inflicting on candidates and their employers.

The brand new rule solely applies to classes that might already profit from the beforehand present 180-day extension provisions (see desk of classes beneath).

To qualify, candidates have to be renewing in an relevant class and should have utilized for renewal previous to the expiration of their final EAD. 

The 540-day extensions will likely be relevant to these whose renewal functions are at present pending and people who well timed file qualifying renewal functions till October 26, 2023, at which period the rule will revert to 180-day extensions.

For these with a qualifying EAD renewal utility pending who’ve already seen their 180-day extension lapse, they’ll resume employment beginning Could 4, 2022 by exhibiting their expired EAD card and their I-765 receipt discover as long as they’re inside 540 days of the expiration of the EAD and the underlying advantages utility stays pending. Present shoppers are welcome to contact us with questions. If you’re not a present shopper and want to focus on how this new rule may have an effect on your case, please contact our workplace to schedule a session.

Renewal Class Description
(a)(3) Refugee
(a)(5) Asylee
(a)(7) N-8 or N-9
(a)(8) Citizen of Micronesia, Marshall Islands, or Palau
(a)(10) Withholding of Deportation or Elimination Granted
(a)(12) Momentary Protected Standing (TPS) Granted
(a)(17) Partner of principal E nonimmigrant with an unexpired I-94 exhibiting E nonimmigrant standing
(a)(18) Partner of principal L-1 Nonimmigrant with an unexpired I-94 exhibiting L-2 nonimmigrant standing
(c)(8) Asylum Software Pending
(c)(9) Pending Adjustment of Standing beneath Part 245 of the Act
(c)(10) Suspension of Deportation Candidates (filed earlier than April 1, 1997)
Cancellation of Elimination Candidates
Particular Rule Cancellation of Elimination Candidates Underneath NACARA
(c)(16) Creation of File (Adjustment Based mostly on Steady Residence Since January 1, 1972)
(c)(19) Pending  preliminary utility for TPS the place USCIS determines applicant  is prima facie eligible for TPS and may obtain an EAD as a “short-term remedy profit”.
(c)(20) Part 210 Legalization (pending I-700)
(c)(22) Part 245A Legalization (pending I-687)
(c)(24) LIFE Legalization
(c)(26) Spouses of sure H-1B principal nonimmigrants with an unexpired I-94 exhibiting H-4 nonimmigrant standing
(c)(31) VAWA Self-Petitioners

 

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