Upon timely filing of certain EADs, USCIS automatically extends the validity of the EAD while the application pends with the government. USCIS has announced a longer period for the automatic extension. Previously, the extension was for 180 days. USCIS has temporarily increased the automatic extension up to 540 days from the EAD expiration date.
USCIS processing backlogs are no secret. Applicants timely file renewal requests and receive the automatic 180-day extension. The 180 days come and go, and the government still has not processed their renewal request. The new policy from the government aims to ease this problem. In the meantime, the government will continue to address the source issues causing the substantial processing backlogs.
Although this is good news, the increase only applies to a limited group of EAD applicants. Specifically, it only applies to those EAD categories currently eligible for the previous 180-day extension. Some of these categories include:
- E-2, L-2, and H-4 Spouses with an unexpired I-94 showing nonimmigrant status
- Applicants with a pending Adjustment of Status (green card) application.
Applicants with pending EAD renewal requests will not receive a new receipt notice stating the 540 day extension. However, applicants can use their current receipt notices stating the 180-day extension, along with their qualifying EADs, for work authorization up to 540 days from the expiration of the EAD.
We review our current clients’ cases to determine if they might benefit from this new rule. We are hopeful that the temporary rule will help many avoid a gap in employment authorization.