DHS Rule Increases Automatic Extension Of Work Authorization For Certain Eligible Renewal Applicants

On May 4, 2022, the U.S. Department of Homeland Security issued a Temporary Final Rule (TFR) automatically extending the work authorizations for certain renewal applicants listed on the USCIS website. Normally, the DHS regulations provide an automatic extension of 180 days from the expiry date stated on the Employment Authorization Document (EAD). The May 4, 2022, TFR increased the automatic extension from 180 days up to 540 days. The primary objective for the additional 360-day extension is to prevent gaps in work authorization due to the USCIS' significant processing delays for work permit renewal applications.

To be eligible for the 540-day automatic extension:

• The applicant must have already been issued an EAD card in one of the categories listed by the USCIS. This list does not include DACA and F-1 OPT-based work authorizations.