Certain renewal applicants who have submitted Form I-765, Application for Employment Authorization, are eligible for an automatic extension of their expiring employment authorization and employment authorization documents (EADs) while their renewal application is under review. Effective immediately, these eligible individuals will receive 180-day extensions, as per existing regulations. This includes applicants who have sought or received Temporary Protected Status or asylum.
It's important to note that in May 2022, USCIS introduced a temporary final rule (TFR) that extended the automatic extension period for certain EAD renewal applicants from a maximum of 180 days to up to 540 days. The recent change is not retroactive; previous up to 540-day automatic extensions remain in place.
USCIS is currently evaluating whether there's a need for new regulatory action, similar to the May 2022 TFR, despite ongoing efforts to enhance EAD processing and operational improvements.
For those who timely file a Form I-765 renewal application on or after October 27, 2023, automatic extensions of employment authorization and EAD validity will be based on the original up to 180-day period, as per existing regulations.
As for individuals who benefited from the extended automatic extension period under the TFR, this extended period concludes when they receive a final decision on their renewal application or when the up to 540-day period expires, whichever comes first.
USCIS has recently updated the Policy Manual to extend the maximum EAD validity period to five years for certain categories of noncitizens with initial and renewal applications approved on or after September 27, 2023.
USCIS is committed to reducing EAD processing times, preventing untimely EAD expiration, and minimizing gaps in employment and employment authorization documentation for individuals with pending EAD renewal applications. Measures include dedicating additional personnel and implementing processing improvements to reduce the median processing time for specific EAD applications to 30 days.