EAD Renewal Update: USCIS Increases Automatic Extension Period

The United States Citizenship and Immigration Services (USCIS) recently announced a significant change for noncitizens with pending Employment Authorization Document (EAD) renewals. This new policy aims to improve access to work permits and streamline the process for eligible individuals.

Highlights

• USCIS is increasing the automatic extension period for certain EAD renewals from 180 days to 540 days.
• This temporary rule is designed to prevent lapses in employment authorization while applications are being processed.
• This is part of a broader effort by the Biden-Harris Administration to ensure a smooth and efficient work authorization process for noncitizens.

Background

Prior to this announcement, many work-authorized noncitizens faced a potential gap in their employment authorization while waiting for USCIS to process their EAD renewal applications. This could lead to disruptions in employment and negatively impact both the worker and their employer.

To address this challenge, USCIS is implementing a temporary measure that extends the automatic extension period for certain EAD renewals. This will ensure continued work authorization for eligible individuals while their applications are being reviewed.

USCIS recognizes the need for this change. Despite successfully reducing EAD processing times in the last year, they’ve also seen a surge in applications. This high volume has strained renewal mechanisms, creating a risk of lapses in employment authorization for some individuals.

Benefits of the Extension

This temporary extension will prevent nearly 800,000 EAD renewal applicants from experiencing a lapse in their work authorization.

This includes individuals seeking asylum, Temporary Protected Status (TPS), green cards, and more.

Employers who rely on these workers will also benefit from this policy by avoiding disruptions caused by authorization gaps.

Who Qualifies?

• This temporary measure applies to eligible applicants who properly filed their EAD renewal application on or after October 27, 2023, with applications still pending as of the published date in the Federal Register.
• Additionally, individuals who file a new EAD renewal application (Form I-765) within 540 days of the rule’s publication in the Federal Register will also be eligible.

USCIS’s Modernization Efforts

This extension is just one step in USCIS’s ongoing efforts to improve the EAD process. Other initiatives include:

• Reduced processing times for EADs, particularly for green card applicants.
• Increased overall processing of EAD applications.
• Outreach programs to educate eligible individuals about the process.
• Faster processing times for asylum seekers and parolees.
• Extended validity periods for certain EAD categories.
• Streamlined processes for refugee EADs.
• Online filing options for specific EAD categories.

A Look Ahead

While this temporary rule provides immediate relief, USCIS also seeks long-term solutions. Public comments will be solicited to identify new strategies for a more efficient and permanent EAD renewal process.

Overall, this new policy by USCIS demonstrates a commitment to supporting a smooth and efficient work authorization process for eligible noncitizens. This benefits workers and employers, contributing to a stronger and more stable US economy.

Stay informed with OnBlick. We’re dedicated to keeping you in the loop on all USCIS developments. We will continue to share the latest news and updates on employment authorization and other immigration matters as they unfold.