By Shaena M. Rowland on May 3, 2022 Posted in EAD USCIS announced that effective May 4, 2022, certain categories of Employment Authorization Document ("EAD") applicants will be eligible for an additional extension of automatic work authorization, beyond that to which they are already entitled. A U.S.
on may 4, 2022, the department of homeland security published a temporary final rule (87 fr 26614) that temporarily increases the automatic extension period to up to 540 days for employment authorization and/or employment authorization documents (ead, form i-766) available to certain applicants who have filed form i-765, application for The temporary increase takes effect on May 4, 2022, and is set to expire on Oct. 27, 2023. EAD renewal applicants in the qualifying automatic extension categories, whose Forms I-765 are still pending as of May 4, 2022, including those whose automatic 180 days extension periods expired . If you have questions about calculating EAD extensions or preparing Form I-9 Employment Verification Authorizations in these . The specific contents of the final rule are not yet known, but could temporarily lengthen . Also, as per the settlement, USCIS will also interpret regulation 8 CFR 274a.13(d) to give an automatic extension of L2 EAD ( filed under EAD Category Code (a)(18)) for up to 180 days based on the below conditions.. L2 spouses should have filed L2 EAD renewals using I-765 form on time before L2 status expiry. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for certain. Citizenship and Immigration Services (USCIS) announced a temporary increase to the automatic extension period for certain employment authorization and Employment Authorization Documents (EADs) renewal applicants to up to 540 days. On May 3, 2022, U.S. The automatic extension period has been increased from 180 days to 540 days, which is significant. . They may resume employment if they are still . you will receive a EAD . 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). To ease the 540-day calculation, USCIS has created a new tool, an EAD Automatic Extension Calculator.
Historically, certain EAD categories were only eligible for . The extension begins on the "Card Expires" date on the front of the EAD and generally continues for up to 540 days, unless USCIS denies the renewal application earlier. In November 2021, the Department of Homeland Security settled the suit and H4 visa holders gained the right to automatic EAD extensions. Citizenship and Immigration Services (USCIS) will increase the automatic extension period for eligible Employment Authorization Documents (EADs) from 180 days to 540 days.Only EADs that are already eligible for the existing 180-day extension may receive an additional 360-day extension for a total of up to 540 days. In October 2021, the AILA filed a lawsuit against the Department of Homeland Security, citing the lack of automatic EAD extensions for H4 and other visa holders as unjustified.
Noncitizens with a pending EAD renewal application whose 180 day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022, and lasting up to 540 days from the expiration date of their EAD. Similarly, we will issue an EAD with a Dec. 31, 2022, expiration date .
you are also covered by this automatic extension as long as the EAD that you have contains one of the expiration dates noted in the chart above. This will allow those who are waiting . this rule temporarily amends existing department of homeland security (dhs) regulations to provide that the automatic extension period applicable to expiring employment authorization documents (forms i-766 or eads) for certain renewal applicants who have filed form i-765, application for employment authorization, will be increased from up to 180 The Form I-20 endorsed by the designated school official recommending a STEM extension together with the expired Form I-766 employment authorization document (EAD) issued for post-completion OPT establishes identity and work authorization for purposes of documenting employment authorization.Update as of January 27, 2021.If you applied EAD extension part part of I-485. See if you qualify for the automatic 540-day EAD . On November 12, 2021, USCIS announced work authorization for H-4, L-2, and E-2 spouses will be automatically extended if the individual (1) files an EAD renewal application before their prior EAD expires and (2) has an unexpired I-94 showing their nonimmigrant status. who are still covered under the 180-day automatic extension will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD; who have a valid EAD as on May 4, 2022, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed. Up to 540 days of H4 EAD automatic extension would be given for such applicants, who file for H4 EAD renewals/extensions starting from May 4th, 2022 until October 26, 2023. applicants with a pending renewal application still covered under the 180-day automatic extension will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD; and; applicants with a pending renewal application and valid EAD on May 4, 2022, or who timely file an EAD renewal . Friday, May 13, 2022 On May 4, 2022, U.S. Nielsen webpage, and the Automatic Employment Authorization Document (EAD) Extension section below. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for certain Employment Authorization Document (EAD) categories up to 540 days, effective immediately and valid through Oct. 15, 2025. To calculate whether there is any automatic extension time remaining, count 540 days from the expiration date stated on the front of the EAD, or use this calculator. This increase is effective immediately starting May 4, 2022. On May 4, 2022, U.S. This temporary increase in the auto-extension period will end on Oct 26, 2023. 2022, expiration date. This TFR is being put into place to assist with preventing gaps in employment for those who are noncitizens with pending EAD renewal applications. Automatic H4 EAD Extension.
Similar to before, the 540 days of automatic extension would end as soon as a denial decision is made on the EAD application by USCIS or at the end of 540 days from the date of expiration on the EAD Card.
Automatic Extension of L2 EADs for upto 180 days . If your current employee's Form I-9 as of May 4, 2022 shows an EAD that was automatically extended by 180 days, the employee is eligible to receive an additional extension of 360 days as provided in the temporary final rule (87 FR 26614), for a total of 540 days counted from the "Card Expires" date stated on the face of the EAD. The original 180-day EAD automatic extension is not yet expired You filed your Form I-765 renewal application between the dates of May 4, 2022, and October 26, 2023 Note that the 540-day extension begins at the expiration date on your EAD card. To help employers calculate the maximum up to 540-day period, USCIS has developed the EAD Automatic Extension Calculator, which can be accessed below. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. The 540 days of automatic extension for H4 EAD would end as soon as a denial decision is made on the EAD application by USCIS or at the end of 540 days from the date of . Automatic 540 Day Employment Authorization Document (EAD) Extension - May 4, 2022 May 3, 2022 by Editorial Team Certain applicants who have filed Form I-765, Application for Employment Authorization, qualify for automatic extensions of their expiring employment authorization and/or EADs for up to 540 days if they:
Noncitizens with a pending renewal application and valid EAD on May 4, 2022, or who timely file an EAD renewal application before Oct. 27, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed. After 18 months starting from May 4th, 2022, which is from October 26, 2023, the automatic extension duration for EAD would revert back to . On May 4, 2022, the U.S. The calculator helps to determine the 540-day end date, once you know if the 540-day automatic renewal applies.
Your employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period. Citizenship and Immigration Services (USCIS) final rule that would temporarily increase the automatic extension period of employment authorization documents for certain renewal applicants has cleared the Office of Management and Budget, putting it closer to publication and implementation. Update 3 May 2022 - USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). .
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