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USCIS Announces Temporary Extension for Employment Authorization Documents

Aiming to support eligible noncitizens and to ensure the continuity for U.S. employers, USCIS has announced a temporary final rule to extend the automatic extension period for certain Employment Authorization Documents (EAD). This rule will increase the extension period from 180 days to up to 540 days, preventing work-authorized individuals from experiencing lapses in their employment authorization while awaiting the adjudication of their pending EAD renewal applications.

By temporarily extending the automatic extension period for EAD, USCIS aims to alleviate potential disruptions in employment authorization for eligible noncitizens. This will provide USCIS with additional time to adjudicate pending renewal applications while ensuring that work-authorized individuals can continue to contribute to the U.S. workforce.

The temporary final rule applies to eligible applicants who timely and properly filed an EAD renewal application on or after October 27, 2023. It also applies to eligible renewal applicants who timely file their Form I-765 application during a 540-day period that begins with the rule’s publication.

Without this temporary rule, nearly 800,000 EAD renewal applicants, including those eligible for employment authorization as asylees or asylum applicants, Temporary Protected Status applicants or recipients, and green card applicants, would be at risk of experiencing a lapse in their employment authorization. This could have negatively impacted approximately 60,000 to 80,000 employers.

It’s important to note that this temporary extension does not affect the length of parole granted to individuals. EAD is generally valid for the length of the authorized parole period.

At ALO Law, we understand the importance of staying informed about changes in immigration policy that may impact our clients. We are dedicated to providing guidance and support to individuals navigating the complexities of the immigration system, including changes related to employment authorization.

This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).